Demonstrating who is at fault in a Connecticut car accident has profound ramifications for the outcome of your case. With the help of the Connecticut personal injury lawyers at Wofsey Rosen, you will know your options, your rights, and how to prove the other driver’s fault in your car accident case.
You Must Establish Fault to Secure Compensation After a Connecticut Car Accident
Determining who caused an accident is an essential part of holding the culpable party accountable and recovering compensation in any car accident case. This is particularly important for complex cases where liability could be multi-layered. Additionally, the at-fault party or parties must be identified before a settlement can be achieved.
How Fault is Established in a Connecticut Car Accident Case
Fault is established through showing that the driver who caused the accident was negligent, which consists of four elements.
An experienced lawyer understands how establish negligence so those injured in car accidents through no fault of their own can recover their losses. Attorneys investigate the details of the accident and gather evidence to support each element of the claim. A lawyer can also account for the various factors and unique considerations that may affect a case. Below is a closer look at the elements of negligence.
Duty of Care
Drivers owe a duty of care to other drivers on the roads. All drivers are expected to always follow the rules of the road, remain focused and alert for potential dangers, and use caution to avoid causing harm to other motorists.
Breach of Duty
When a driver does not uphold his or her responsibilities to other drivers, he or she breaches this duty of care. An experienced lawyer will demonstrate exactly what actions the at-fault driver engaged in that went against his or her duty. Examples include speeding, driving while distracted, drunk, or tired, failing to  yield the right-of-way, and many more.
Causation
Causation is the crux of proving negligence. It links the at-fault driver’s actions with the consequences, i.e. the driver’s breach of the duty of care directly caused the collision that resulted in someone else’s injuries and losses. This step also shows that the accident was unlikely to have happened but for the responsible driver’s actions.
Damages
The losses that an injured driver suffers as a result of a car accident are called damages, and the at-fault party must provide fair compensation for the damages he or she causes. Damages can be recovered through their insurance company or from them directly, depending on the details of the case. Examples of different categories of damages are included below.
The Role of Partial Fault in a Car Accident Case in Connecticut
If you are faced with a situation where you and another party are partially at fault for the same crash and have suffered damages as a result, you still have options. Connecticut uses modified comparative negligence when two parties share fault in an accident. After close evaluation, both parties are assigned a percentage that represents their responsibility for the accident. Those who are less than 50% at fault may still recover compensation, which is reduced by their percentage of fault. Those who are more than 50% at fault are barred from recovering damages altogether.
Established Fault in Your Car Accident Affects the Compensation You Recover
After you establish negligence in your car accident claim, your lawyer can move forward with finalizing your case and negotiating a fair resolution that accurately reflects the value of your losses (keep in mind that your claim must be filed in court prior to the two-year statute of limitations). Your resolution may vary depending on your percentage of fault and the seriousness of your damages, categories of which often include:
- Medical expenses for doctors, hospitals, equipment, medications, and accommodations
- Vehicle repair or replacement costs
- Reduced income or earning capacity
- Funeral and burial expenses in fatality cases
- Reduced enjoyment and quality of life
- Pain and suffering
- Emotional distress and mental anguish
- Loss of companionship and/or consortium
- Punitive damages (in select circumstances)
Schedule Your Free Consultation with the Personal Injury Team at Wofsey Rosen
At Wofsey Rosen, our personal injury lawyers understand the many nuances that are associated with establishing negligence after a car accident. We are prepared to act quickly to make sure your rights are protected and you receive the compensation you deserve. With more than 100 years of experience, we can provide you with the highest level of service and representation. Contact us today for a free case evaluation.