Understanding ‘Fault’: How Comparative Negligence Affects Your Auto Claim
October 23, 2025Determining who is “at fault” is the cornerstone of any New Haven personal injury or property damage claim. However, the legal concept isn’t always black and white, especially when both drivers might share some responsibility. This is where the concept of Comparative Negligence comes into play.
What is Comparative Negligence?
Comparative negligence is a legal standard used in many states , including Connecticut, to allocate fault (and therefore, liability) between parties in an accident. Instead of saying one person is 100% at fault and the other 0%, the court or insurance company assigns a percentage of blame to each driver.
There are two main types of comparative negligence:
- Pure Comparative Negligence: You can recover damages even if you are mostly at fault (e.g., up to 99% to blame). Your recovery is simply reduced by your percentage of fault.
- Example: You are deemed 80% at fault for changing lanes unsafely, and your damages are $10,000. You can still recover $2,000 (20% of $10,000).
- Modified Comparative Negligence (The 50% or 51% Rule): This is what the state of Connecticut uses. You can only recover damages if your percentage of fault is less than the other driver’s fault.
- 50% Rule: You can recover if you are 50% at fault or less.
- 51% Rule: You can recover if you are 50% at fault or less. If you are 51% or more to blame, you recover nothing.
The Impact on Your Settlement
The percentage of fault directly reduces the amount of compensation you receive.
- Scenario: A jury determines your total damages (medical bills, pain and suffering, lost wages) are $50,000. They also find you 20% at fault (perhaps for speeding slightly, even though the other driver ran a red light).
- Result: Under any comparative negligence system, your final settlement would be reduced by 20%. You would receive $40,000 ($50,000 – 20%).
Understanding this principle is crucial, as insurance adjusters will often try to assign you a higher percentage of fault to minimize their own payout.