Can I recover damages if I am partially responsible for my accident?

When a car accident occurs, our first thought is often to determine who is at-fault for the accident. While it may seem that only one party is responsible for the accident, it is likely that multiple parties acted negligently and therefore are at least partially at fault for the accident. For example, if you were driving through an intersection and another driver ran a stop sign and struck your vehicle, the following parties may be at-fault for your motor vehicle accident:

• The driver of the other vehicle: The other driver may have been negligent in failing to stop at the stop sign, failing to keep a proper lookout, and/or driving at an excessive rate of speed.
• You: Even though your vehicle was struck by the other vehicle, you may still have acted negligently by failing to keep a lookout for oncoming vehicles or driving at an excessive rate of speed.
• The owner of either vehicle: Vehicle owners may be liable for the negligent actions of the driver of the vehicle if they negligently entrusted the vehicle to the driver.
• Employer of either driver: If you or the other driver were driving your respective vehicles while within the course and scope of your employment, your employer may be vicariously liable for your negligence under the theory of respondeat superior.

Comparative negligence

Under Connecticut’s modified comparative negligence law, you may still recover damages for your medical expenses, lost wages, pain and suffering, and other accident-related damages, if you are found to be less than 50 percent responsible for your accident. However, your damages will be reduced based on the percentage of fault apportioned to you. For example, if you are found to be 30 percent liable for the accident, you will only recover $70,000 of the $100,000 in damages you were awarded.

Determining whether you have a valid personal injury claim can be difficult. An attorney can review your case and help you decide whether to move forward with your case.