At Fault States in Car Accidents

What’s the Difference Between No Fault and At Fault States in Car Accidents?

When it comes to car accidents, each state operates under one of two legal frameworks: “at-fault” or “no-fault.” These systems determine how liability is assigned and how insurance claims are handled following an accident.

In At-Fault States:

The driver who caused the accident is responsible for covering the damages. Their insurance policy pays for the costs incurred by everyone involved in the crash.

In No-Fault States:

Each driver’s insurance covers their own expenses, regardless of who caused the accident. This includes coverage for any passengers in their vehicle.

Connecticut Is an At-Fault State

Connecticut follows the at-fault system, making it crucial to establish liability in every car accident case. At-fault states like Connecticut often have lower car insurance premiums and fewer instances of fraud. However, proving fault can be a complex process, requiring evidence to show exactly how the accident occurred and who was responsible.

What Does It Mean to Be “At Fault”?

Being “at fault” doesn’t necessarily mean someone acted maliciously or intentionally caused the accident. In most cases, fault stems from carelessness or negligence.

Examples of Fault:

• A driver rear-ends another car because they were following too closely. They didn’t intend harm but are still considered at fault due to their negligence.
• A driver turns right on a red light, signaling correctly and waiting for a gap in traffic. However, they fail to notice a parked car in their blind spot and collide with it. Even though no laws were broken, their lack of attention makes them negligent and liable.

In some cases, fault isn’t immediately obvious, which is why gathering evidence is so important.

How Is Fault Determined in Connecticut?

In Connecticut, fault is typically determined by the insurance companies. They use evidence such as police reports, witness statements, and damage assessments to assign fault. However, insurers often have their own internal rules, which means they may not always agree with police findings or other evidence.

Connecticut’s Modified Comparative Negligence System

Connecticut follows a modified comparative negligence rule, meaning:

• You can recover damages only if you are less than 51% at fault for the accident.
• If you are partially at fault, your compensation will be reduced by the percentage of fault assigned to you.

Example:
If you are found 20% at fault and your total damages are $10,000, you would only recover $8,000. This makes determining fault a critical aspect of any car accident case, as even small changes in fault percentage can significantly impact the compensation you receive.

Why You Need an Attorney After a Car Accident in Connecticut

Disputes over fault and compensation often become complicated, especially when dealing with insurance companies that aim to minimize payouts. Having an experienced car accident attorney in your corner can make all the difference.

A skilled attorney can:

• Investigate the Accident: Collecting crucial evidence such as surveillance footage, accident reconstruction reports, and expert testimony.
• Negotiate with Insurance Companies: Ensuring you’re not unfairly assigned more fault than warranted.
• Fight for Maximum Compensation: Advocating for your rights to recover costs for medical bills, lost wages, property damage, and pain and suffering.

Bert McDowell Law Firm: Protecting Your Rights After a Car Accident

If you’ve been injured in a car accident in Connecticut, don’t face the complexities of the at-fault system on your own. The Bert McDowell Law Firm, LLC is here to fight for your rights and help secure the compensation you deserve.

Our experienced legal team knows how to handle insurance companies, gather the necessary evidence, and build a strong case to protect your interests.

Call us today at (475) 231-3274 for a free consultation. Let us handle the legal details so you can focus on your recovery.