Comparative Negligence

Understanding Comparative Negligence in Connecticut Car Accidents

In many car accidents, multiple parties may share the responsibility for the incident. This can create confusion about whether or not you’re entitled to compensation for your injuries or losses. However, the concept of comparative negligence allows you to recover damages even if you are partially at fault. At Bert McDowell Injury Law, we understand how complicated these cases can be, and we’re here to help you navigate the legal process in Connecticut.

How Does Comparative Negligence Work in a Car Accident Case?

Imagine you’re driving through an intersection with a green light, slightly exceeding the speed limit. As you approach the intersection, another car coming from your right runs a red light and crashes into you. The other driver is clearly violating traffic laws, but you were speeding, which might have contributed to the accident. So, who is at fault?

In situations like this, the doctrine of comparative negligence comes into play. It allows for the allocation of fault to each party involved in the accident. In this case, the other driver may be 95% responsible for the collision, while you could be 5% at fault due to your speeding. This system acknowledges that both parties may have contributed to the crash, and the judge or jury assigns a percentage of blame to each party.

If you suffered $10,000 in damages due to the accident, but you were found 5% at fault, your recovery would be reduced by 5%. Instead of receiving the full $10,000, you would receive $9,500, as your own actions contributed to the accident. Even though your damages are reduced, the system of comparative negligence still allows you to recover a significant portion of your losses.

Types of Comparative Negligence in Connecticut

There are two main types of comparative negligence that different states may use to determine fault in an accident: pure comparative negligence and modified comparative negligence. Connecticut uses the modified comparative negligence model, which means your recovery can still be reduced if you were partially at fault, but there are limits.

• Pure Comparative Negligence: This model allows a plaintiff to recover damages even if they are mostly at fault. For example, if you were 90% at fault in the accident, you could still recover 10% of your damages from the other driver. While this system is less common, it’s still used in some states.
• Modified Comparative Negligence: Connecticut follows this model. Under modified comparative negligence, you can still recover damages if you are less than 51% at fault. However, if you are found to be 51% or more at fault for the accident, you will be barred from recovering any compensation. For example, if you were speeding in a car accident, and it was determined that you were 60% responsible, you would not be entitled to recover damages. But if your fault was determined to be 50% or less, you could still receive compensation, with your award being reduced by the percentage of fault assigned to you.

Why Is Comparative Negligence Important for Your Claim?

Comparative negligence is crucial because it allows you to pursue compensation even if you share some responsibility for the accident. While no one wants to be blamed for causing or contributing to an accident, the reality is that accidents are often the result of multiple factors and actions. Connecticut’s comparative negligence laws recognize this and give injured parties the ability to recover damages even if they were partially to blame.

In practical terms, this means that you don’t have to give up on your claim just because you weren’t completely innocent in the accident. Whether you were slightly speeding, distracted for a moment, or made another small mistake, Bert McDowell Injury Law can help you ensure that you receive the maximum compensation possible, even if you’re partially at fault.

Let Us Help You with Your Personal Injury Claim

If you’ve been involved in a car accident and are unsure about your role in the incident or how comparative negligence applies to your case, it’s essential to consult an experienced personal injury attorney. At Bert McDowell Injury Law, we have extensive experience handling car accident cases and understand how the nuances of comparative negligence laws can impact your claim. We’re here to guide you through the process, helping you understand your rights and options.

We offer free consultations to discuss your case and provide professional legal advice. Whether you’re unsure about your degree of fault or need help determining the value of your claim, we are here to help. With Bert McDowell Injury Law, you don’t have to worry about upfront fees—we charge nothing unless we win your case.

If you’ve been injured in a car accident in Connecticut and have questions about your claim, call Bert McDowell Injury Law today at 475-231-3274 for your free consultation. Let us help you recover the compensation you deserve, even if you were partially at fault for the accident.