You probably want to receive compensation if you suffered an injury or property damage after a motor vehicle accident. However, Connecticut utilizes a modified comparative negligence law that might affect how much you receive for your injuries.
According to Connecticut General Statutes section 52-572h, comparative negligence can reduce recoverable economic and noneconomic damages. Continue reading to learn more about how comparative negligence might impact the amount you receive in a settlement.
You must be less than half liable
The limit for comparative negligence is 50 percent, meaning you must have less than 50 percent culpability in a motor vehicle accident. You cannot recover damages if you have more than half fault in the accident.
Breaking traffic laws increases negligence
Breaking traffic laws increases your fault. Speeding, not signaling, illegal turns and distracted driving might lower your compensation. For example, if you crash into a car that runs through a stop sign, but you also drive above the speed limit, you will share 10 percent of the fault. This means a settlement of $20,000 might reduce to $18,000.
Apportionment of fault is not an exact science. It is up to the judge or jury to decide to the best of their abilities based on the facts in front of them. To help your case, always follow traffic laws and take careful notes after a motor vehicle accident.
Comparative fault is a legal concept that attempts to give a fair judgment after negligence cases such as motor vehicle accidents. The downside is that you might not receive the total amount from a settlement, which is why it is essential to have a solid legal argument.