A person who is injured in a traffic accident in Connecticut may share some of the blame for what happened. Many states, including Connecticut, recognize that many accidents involve at least partial liability on the part of both involved drivers. Each state has its own laws about how partial fault for accidents is handled when injuries have occurred.
The different rules followed by states include contributory negligence, pure comparative negligence and modified comparative negligence. Contributory negligence is rather unforgiving, as it disallows recovery if a person has even 1 percent of the fault for the accident’s cause. Fortunately, Connecticut does not follow that law.
States following the pure comparative negligence rule allow plaintiffs to recover the amounts of damages that are attributable to the defendants according to their percentage of fault. Juries determine the percentages of fault assigned to both parties. Connecticut follows what is called the modified comparative negligence rule. Plaintiffs who have been injured in accidents may recover the percentage of damages attributable to the defendant as long as the defendant holds 50 percent or more of the fault for causing the accident.
When a person is injured in a Connecticut accident because of the actions of a negligent driver, the injured victim may be able to recover damages even if he or she also holds a portion of the fault, as long as it is 50 percent or less. An injured victim may want to talk to a personal injury attorney to see how viable a cause of action there may be. The attorney can often make a preliminary determination based upon the police investigation report and other evidence.