Is Fault In A New Haven Auto Accident Always Black And White?

If you’ve ever been in a New Haven auto accident you may have been asked by friends and family if the accident was your fault. This is an understandable question as many people often think that there can be only one party at fault for an accident, but in Connecticut that is not entirely true. The state of Connecticut has a law called the law of comparative negligence. This means that when you are involved in an accident there is a chance that you are entirely at fault or that the other driver is entirely at fault, but there is a third option as well, you could both be partially at fault.

The comparative negligence law allows blame to be assigned to both parties and place a percentage on the level of fault that they have committed. When you are assigned what level of fault you may have caused as part of the accident, if it reaches over a 51% threshold then you cannot receive any compensation for the accident. However, if your fault is found to be under 50% you may be eligible for some level of compensation.

The next question everyone has is, who determines who was at fault and to what degree. The answer is not simply black and white. A combination of insurance companies and the courts may be involved in determining fault for your accident. These entities may use things like the police report, witness statements, photos of the scene and they may even engage in accident reconstruction to make some of these determinations. This is why it is even more important that you document an accident site when you are involved. The more documentation you have the easier it will be for the insurance company or the courts to assign blame. Like anything, this could work in your favor or against you, but it is important to provide as much documentation as you can.

There are a number of things you should know about comparative negligence in the event that you are involved in an accident you can know your rights and not immediately take all the fault of the accident.

• Common New Haven Accident Scenarios and Shared Fault: Be aware that comparative negligence often comes into play in situations like left-turn accidents on busy New Haven streets, rear-end collisions where the initial stop might be questioned, and accidents involving cyclists or pedestrians where right-of-way and visibility are debated.

• How Insurance Companies Assess Your Share of the Blame: After a car accident in New Haven, the other driver’s insurance company will likely investigate the incident and attempt to assign you a percentage of fault to reduce or deny your claim. Their assessment may not always be accurate or in your best interest.

• Why a New Haven Attorney is Your Advocate: An experienced New Haven personal injury attorney can thoroughly investigate your car accident, gather evidence to challenge unfair fault assessments, negotiate with insurance companies to minimize your attributed negligence, and fight to protect your right to fair compensation under Connecticut’s comparative negligence laws.

• The Direct Impact on Your Compensation: The percentage of fault assigned to you directly reduces the amount of money you can recover for your injuries and damages. For instance, if your total damages (medical bills, lost wages, pain and suffering) are $20,000, and you are found to be 30% at fault, you would only be eligible to receive $14,000 (70% of $20,000).

Navigating the comparative negligence law if you are involved in an accident can be tricky and often comes with complexity. If you do not know how to navigate it yourself and you do not seek counsel you may find yourself being taken advantage of and not being rightfully assigned the level of fault that is befitting of your experience behind the wheel. You may not want to go it alone, contact our office and one of our experienced attorneys will review your situation and work with you to protect your long-term interests.