Contributory Negligence

Understanding Contributory Negligence in Connecticut Personal Injury Cases

When an accident occurs, such as a car accident or a slip-and-fall incident, the first question on many people’s minds is who’s at fault? The law takes a similar approach, asking whether the accident could have been prevented if someone had acted more carefully. The person who was negligent—meaning they failed to exercise reasonable care and put others at risk—will generally be held liable for the damages caused.

However, what happens when both parties are at fault for the accident? This is where the legal concept of contributory negligence comes into play. If you are the victim of an accident and you were partly to blame for it, the amount of compensation you can recover may be affected.

At Bert McDowell Injury Law, we understand the complexities of these cases in Connecticut and are here to help guide you through the process, ensuring that your legal rights are protected.

What Is Contributory Negligence?

Contributory negligence refers to a situation where the injured party is also found to have contributed to the cause of the accident. This can be difficult to navigate, as it may seem unfair that the victim is held partially responsible for their injuries, especially if the other party was also negligent.

For example, imagine a pedestrian crosses the street outside of a designated crosswalk and is hit by a car. The driver may have been speeding or distracted, but the pedestrian’s decision to jaywalk also contributed to the accident. This would be a case of contributory negligence, where both parties share some responsibility for the crash.

While it’s clear that the driver may still be at fault, the pedestrian’s actions could be considered a factor that contributed to the accident. Under contributory negligence laws, the amount of compensation the pedestrian can recover may be reduced based on their share of the fault.

Can I Still Win My Case if There Was Contributory Negligence?

Historically, the doctrine of contributory negligence meant that if a victim was even partially at fault for an accident, they would be completely barred from recovering any damages. If you were found to be even 1% at fault, you would receive no compensation at all. Fortunately, this strict approach has largely changed in most states, including Connecticut, which follows comparative negligence laws.

Under comparative negligence, a court will examine the degree of fault for each party involved in the accident. Rather than completely denying compensation, the court will allow the victim to recover damages based on the percentage of fault assigned to each party. This means that even if you were partially at fault for the accident, you can still recover compensation—though the amount will be reduced in proportion to your degree of responsibility.

For example, let’s go back to the pedestrian case: The court might find that the driver was 70% at fault for failing to stop for the pedestrian, while the pedestrian was 30% at fault for jaywalking. If the total damages were $10,000, the pedestrian would still be able to recover 70% of that amount, or $7,000, from the driver’s insurance company.

How Does Comparative Negligence Work in Connecticut?

Connecticut follows a modified comparative negligence rule. This means that if you are found to be 50% or less at fault for the accident, you can still recover compensation, but it will be reduced by your percentage of fault. However, if you are found to be more than 50% at fault, you will not be able to recover any damages.

Let’s say you were in a car accident, and both you and the other driver were found to be partially at fault. If you were 40% responsible, you could still recover 60% of your damages from the other driver. But if you were found to be more than 50% at fault, you would be completely barred from recovering damages.

Why Is Contributory Negligence Still Relevant in My Case?

While contributory negligence claims can complicate a personal injury case, they are not a death sentence for your claim. Even if you were partially at fault, Connecticut’s comparative negligence system allows for a fair allocation of damages, and you may still be able to recover compensation for your injuries or losses.

The important thing to remember is that contributory negligence does not automatically mean you lose your case. The facts of the case, including the actions of both parties, will play a significant role in determining fault.

If you have been injured in an accident and are unsure whether you may be partially at fault, don’t hesitate to consult with an experienced personal injury attorney. Bert McDowell Injury Law is here to assess your case, evaluate your options, and help you recover the compensation you deserve.

Get Help with Your Personal Injury Case in Connecticut

If you’ve been injured in an accident and believe that contributory negligence may be a factor in your case, you need an attorney who can help you navigate the legal complexities. At Bert McDowell Injury Law, we are committed to helping victims of personal injury accidents recover the compensation they are entitled to, even when there is shared responsibility.

We offer free consultations to discuss your case and provide professional advice on how to proceed. With Bert McDowell Injury Law, you won’t have to worry about legal fees upfront. We only charge if we win your case, ensuring you can focus on your recovery while we handle the legal complexities.

If you’ve been injured and have questions about your claim, call Bert McDowell Injury Law today at 475-231-3274 for your free consultation. Let us help you understand your rights and work towards securing the compensation you deserve.