Car accidents in New Haven are more common than many people realize. In the past year alone, approximately 6,485 reported crashes occurred in the area, some resulting in serious injuries, while others tragically ended in loss of life. For those affected, the aftermath can feel overwhelming. With physical pain, emotional distress, and financial strain, it’s easy to feel lost, especially when trying to understand legal options.
If you've been injured in a crash caused by someone else, you may have the right to seek compensation for your medical bills, lost income, property damage, and other related expenses. However, in Connecticut, obtaining compensation isn’t always straightforward, especially when fault is shared.
Connecticut follows a modified comparative negligence system. You can still recover damages even if you’re partially at fault for the crash, but only if your share of the blame is less than 51%. If you're found to be 50% or less responsible, your compensation will be reduced in proportion to your level of fault. This system aims to ensure accountability while providing financial relief to injured victims.
At Action Law Group, we can guide you if you’re unsure where you stand or what your next steps should be. Call (203) 439-3143 or complete our online form to schedule a free consultation with one of our attorneys.
What Is Comparative Negligence?
Under Connecticut General Statutes § 52-572h, the state uses a modified comparative negligence system. Essentially, this law allows fault to be apportioned between those involved in an accident. If both parties contributed to the crash, a percentage of fault is assigned to each. Rather than placing full blame on one side, this approach helps ensure that the outcome reflects the circumstances more equitably.
Here’s what matters most: as long as you are not more than 50% at fault, you can still recover damages for your injuries and losses. However, the amount you receive will be reduced based on your percentage of fault.
Still, a critical limit—known as the 51% bar rule—exists. If the court determines that you were 51% or more at fault, you are no longer eligible for compensation under Connecticut law. This rule prevents individuals who are primarily responsible for a crash from shifting the burden of their actions onto others.
How Comparative Negligence Works in a Car Accident Claim
Car accidents often involve multiple contributing factors. It’s not unusual for both drivers to have made mistakes—one may have been speeding, while the other failed to yield or was distracted by a phone. In these cases, fault isn’t assigned to just one person. Instead, it is divided among the parties involved based on how much each contributed to the crash. Connecticut’s modified comparative negligence rule plays a central role here.
Imagine a scenario where the other driver runs a red light while you are driving slightly over the speed limit. Both actions increase the risk of a collision, meaning both drivers may share responsibility. If you're the injured party and found to be partially at fault—say 30%—you can still recover compensation. However, your total award will be reduced by that 30%. For example, if your total damages amount to $10,000, you would receive $7,000 after that reduction is applied.
This system offers a path to financial recovery even if you weren’t entirely without fault. As long as your share of the blame is 50% or less, you may still pursue compensation for your medical expenses, vehicle repairs, lost income, and other losses. However, once your fault reaches 51% or more, you are no longer eligible to recover damages under Connecticut law.
The Role of Evidence in Determining Fault
Determining fault after a car accident is not always straightforward, especially when both drivers blame each other or the details are unclear. If you’ve been injured and are pursuing compensation, the success of your case will likely depend on the strength and clarity of the evidence provided.
Whether dealing with a simple collision or a more intricate case involving shared responsibility, evidence clarifies what occurred and why. The stronger your documentation, the more effectively your attorney can counter opposing arguments and emphasize the actual cause of the accident.
Key types of evidence used in car accident claims include:
- Police reports
- Witness statements
- Photos and videos
- Medical records
- Surveillance footage or dashcam video
Collecting and preserving this evidence as soon as possible is essential. Delays can result in lost records, fading memories, or the disappearance of key witnesses. Evidence supports your claim and can be used to counter attempts by the other driver or their insurance company to shift the blame onto you.
How a Lawyer Can Help with Your Case
After a car accident, the days and weeks that follow are often filled with uncertainty. You may be trying to recover physically while facing bills, missed time from work, and the added stress of insurance adjusters questioning your account of what happened.
Things can become even more complicated if fault is disputed. That’s why having legal support can make a difference.
Your attorney can help you navigate the complexities of Connecticut's comparative negligence laws and pursue the compensation you deserve. They can clarify what these laws mean for your case, primarily if you're being unfairly blamed or pressured to settle for less than what your claim is worth.
Your lawyer's approach to handling your case may include:
- Conducting thorough investigations into the accident to uncover key details.
- Collecting and preserving evidence that supports your claim and challenges attempts to shift fault onto you.
- Handling all communication with insurance companies, so you’re not left to deal with tactics that undervalue or deny your claim.
- If necessary, preparing your case for court to pursue full and fair compensation through litigation.
Connecticut’s comparative negligence rule makes the claims process especially sensitive to how fault is assigned. A slight shift in blame can reduce—or eliminate—your ability to recover damages. Working with a dedicated car accident lawyer helps tell your side of the story and develop a claim built on solid, carefully documented facts.
Moving Forward After a Car Crash: Know Your Rights and Get the Legal Help You Need
Understanding how Connecticut’s comparative negligence laws affect your car accident claim is critical when seeking fair compensation. These laws don’t just determine if you can recover damages; they determine how much you can recover. If you're found partially at fault, your compensation may be reduced. You could walk away with nothing if you’re found mostly at fault. That’s why it's so important to gather strong evidence and work with a legal team that knows how to use it effectively.
At Action Law Group, we know the stress you're under after a crash, especially when you’re dealing with physical pain, financial strain, and uncertainty about your next steps. Our job is to take that pressure off your shoulders by helping you understand your rights, investigate what happened, and guide you through every phase of your claim.
If you’ve been injured in a car accident and aren’t sure how fault might affect your New Haven case, let’s talk. Call us at (203) 439-3143 or contact us online to schedule a free consultation.