Accidents are rarely simple, and there are times when both parties involved share a degree of responsibility. If you suffered an injury after a car crash or a fall in Connecticut, you might wonder if you can still pursue a claim if you were partly at fault.
The state operates under a legal framework where your ability to recover compensation depends on the division of fault. When you understand these statutes, you can better protect your interests when you seek financial relief.
The 51% bar rule
Connecticut follows a modified comparative negligence system. Under this rule, you can collect damages in a personal injury case if your fault percentage is 50% or less. If a judge or jury finds you are 51% or more at fault, you are legally barred from recovering any money at all.
The impact on your settlement
If you were partly at fault for your injuries, the final amount you recover will be reduced by your specific percentage of negligence. For example, you were involved in a pedestrian accident where the driver ran a stop sign, and you were jaywalking at the time. If the court determines your total damages are $100,000 but finds you were 15% at fault, you will only receive 85% of your settlement, which is $85,000.
Why the percentage matters
Insurance companies often try to shift as much blame onto you as possible. This is because even a small shift in fault can mean saving thousands of dollars. They may use your recorded statements or minor traffic infractions to argue that you crossed that 51% threshold, causing you to lose your right to a claim entirely.
Protecting your right to recover
When pursuing a personal injury claim in Connecticut, your share of responsibility directly determines whether you can recover damages and how much you receive. A lawyer can help ensure a fair assessment of your fault so you can secure the compensation you deserve.
