When someone’s negligent actions lead to a vehicle accident, they are typically the party held liable for any injuries resulting from the crash. Reckless drivers, shady trucking companies, and even government entities can be liable for vehicle accidents in Connecticut.
The trusted personal injury team at Rob Levine Law is ready to help you navigate liability after a Connecticut vehicle accident and pursue the responsible parties to get the justice you deserve. Contact us online or call (800) 742-3920 today for a free consultation.
How Is Fault Determined in Connecticut?
Some states have a “no-fault” system for auto insurance claims, which means drivers generally must first turn to their own insurance for coverage of their damages, regardless of who was responsible for the crash. However, Connecticut is an “at-fault” state, meaning the liable party’s insurance company must pay for damages after a vehicle accident.
Connecticut also has a modified comparative negligence law, which assigns fault to those involved in an accident based on their percentage of liability. Anyone who is less than 51% responsible for an accident can recover compensation for their injuries. However, the amount they can recover is reduced by their share of the blame.
For instance, a driver who ran a red light might be found 80% at fault, which would prevent them from recovering compensation. Conversely, a driver who was rear-ended after braking suddenly may be assigned 15% of the blame, allowing them to recover 85% of their total damages.
While a court may determine liability after a trial, each side and its insurers can reach a settlement out of court by agreeing about who is at fault and to what extent.
Evidence that can help determine who is liable in a Connecticut motor vehicle accident includes the following:
- Police reports
- Witness statements
- Traffic camera footage
- Photos and videos of the crash
- Physical evidence, including damage to the involved vehicles
When Is the Other Driver Liable?
If you were properly obeying traffic laws and paying attention to the road before a vehicle accident, the accident likely resulted from the other driver’s negligence, such as the following conduct:
- Distracted driving:Texting and other phone use while driving are extremely hazardous, and evidence of such actions can clearly support a finding of fault.
- Reckless driving: Speeding, cutting off other drivers, or quickly weaving in and out of lanes can put others at risk of harm.
- Ignoring traffic signals: Running a red light or stop sign is a clear-cut act of negligence by a driver.
- Failing to yield: If a driver refuses to recognize the right of way and causes a collision with someone who was obeying traffic laws, they will very likely be held liable.
- Driving under the influence: Getting behind the wheel while drunk or high is a decision that knowingly puts the lives of others at risk and will almost always result in the driver’s liability.
- Road rage: There is no excuse for driving aggressively with the intention of harming or retaliating against another driver.
- Ignoring poor conditions: Failing to exercise proper caution when driving through conditions like black ice can make a driver liable.
When Is the Other Driver’s Employer Liable?
Companies are often responsible for the actions of their employees and representatives, a concept known as “vicarious liability.” If a worker causes a vehicle accident while acting within the scope of their job, their employer can often be held liable as well. Companies also have a legal duty to ensure their drivers have received proper training and follow safety standards.
Examples of Connecticut vehicle accidents that can lead to vicarious liability include:
- A worker driving a company vehicle while on the clock at the time of the accident
- A trucker or delivery driver getting into a crash while performing their job responsibilities
However, there are many situations in which liability for a vehicle accident doesn’t extend to an employer. For example, under the “going and coming rule,” an employer isn’t vicariously liable for the negligence of a worker who gets into a crash in a company vehicle while commuting to or from work, running personal errands, or generally acting outside the scope of their job responsibilities.
Meanwhile, rideshare drivers for companies like Uber and Lyft are typically classified as independent contractors rather than employees. Thus, rideshare companies are usually not vicariously liable for accidents. However, depending on the driver’s status at the time of the accident, the rideshare company’s insurance coverage might come into play. If you have been harmed in an accident that occurred while the driver was logged into the app, you might be eligible to file a claim under the rideshare company’s coverage.
When Is the Government Liable?
State and local governments in Connecticut generally have immunity from civil lawsuits, but they can still be held liable for vehicle crashes under certain circumstances. Negligent drivers of police cars, city buses, fire trucks, and other government vehicles can open the government to personal injury claims, and victims can recover compensation for poor road conditions in some situations as well.
However, filing a claim against a government entity is a complex process that typically involves strict rules and deadlines that differ from those that apply to other personal injury cases. Our experienced car accident lawyers can help you navigate a case against the government and get the compensation you deserve.
When Are You Liable?
You can share liability for a vehicle accident if your own negligence has contributed to the crash. Actions like distracted driving, speeding, failing to use turn signals, and following another vehicle too closely can make you partially liable for an accident, even if the other driver was more culpable.
As long as you’re 50% or less responsible for the accident, you can still recover damages under Connecticut’s comparative negligence system. However, the amount of compensation available to you will be reduced by any liability you share. For instance, if you were 25% liable for a crash that caused you to sustain $80,000 in damages, you could still receive up to $60,000.
Insurance companies—even the victim’s own insurer—will often attempt to shift as much blame as possible to injury victims to limit what they owe. Representation by a knowledgeable lawyer can help counter allegations of shared blame and secure as much compensation as possible for a Connecticut vehicle accident.
Rob Levine Law Can Help Determine Who Is Truly Liable
Having a strong legal ally by your side can set your mind at ease when dealing with an injury from a vehicle crash. The trusted Hartford car accident lawyers with Rob Levine Law can help you navigate the claims process, build a strong case, establish the other party’s liability, and aggressively pursue the maximum possible compensation.
Our team has earned the nickname THE HEAVY HITTER® for our relentless legal advocacy and tireless pursuit of justice. We’ve helped over 50,000 clients like you recover more than $2 billion in disability benefits and injury compensation. Let us leverage our more than 25 years of experience to advocate for you.
Win or no fees™, that’s the Fee Free Guarantee®. Our team is available 24/7 to take your calls and answer your questions. Contact us online or call (800) 742-3920 today to schedule your free consultation.
