Connecticut follows the modified comparative negligence rule, which allows individuals who have contributed to a vehicle accident to collect damages. Some injured motorists mistakenly believe that contributing to an accident means they do not have a legal right to seek relief. An attorney can review circumstances and help people determine their next steps.
The Constitution State’s laws consider the percentage of each party’s fault to determine liability. As noted by WalletHub, an individual found having less than 50% of the fault may seek damages from the other party,
The percentage of fault may affect a damages award
Courts generally determine that individuals contributing 50% or more toward an accident have the greater degree of fault. Those individuals may incur the responsibility for the other party’s medical expenses. An individual with more than 50% of the fault, however, may not have an arguable case to collect damages from the other party.
The party with less than 50% fault may typically only claim partial damages. The court may reduce the amount of an award by the percentage he or she contributed to the accident. An individual found to have 40% responsibility, for example, might collect damages worth 60%.
A police investigation may help determine fault
Law enforcement may help determine fault if some uncertainty exists. Local authorities often gather evidence to produce a crash report. The New Haven Register, for example, reported that a reconstruction team was investigating the case of an individual riding a dirt bike who lost control and collided with a Toyota. The car was stopped at an intersection when the biker hit it.
The impact left both parties injured, but each individual’s percentage of responsibility or negligence in contributing to the accident makes a difference in collecting damages. In such cases, a reconstruction report may help assign fault to the parties involved.