Dressler Law
Free Consultation Free Consultation 860-952-3026

Serious Injuries… Competent Lawyers Daños Serios… Abogados Competentes

Car accidents and comparative negligence in Connecticut

Many motor vehicle crashes are not as simple as one person made a mistake and another was seriously injured or killed as a result. Often, car accidents are the result of each party involved bearing some responsibility. For this reason, the state of Connecticut uses the law of comparative negligence, which still allows a victim -- or the victim's family in the case of death -- to receive restitution as long as the victim is not determined by the court to be 51 percent or more responsible.

For instance, police say that an intoxicated man began crossing a street in Newington back in February prior to the pedestrian signal changed to allow him to cross. However, at the same time, a driver failed to obey the red traffic signal, and her vehicle struck the man. He was taken to an area hospital where he died approximately two weeks later because of the injuries he suffered in the accident.

Over the course of the next few months, authorities continued to investigate the incident. On July 21, New Britain police took the fifth-grade teacher who was driving the car into custody on charges of failing to obey a traffic signal and negligent homicide. Her arraignment was postponed until Aug. 23.

Meanwhile, the family of the victim retains the right to file a wrongful death claim against the woman as the criminal case proceeds. Any evidence presented by prosecutors -- and any conviction secured -- could be offered in a Connecticut civil court to establish that her negligence caused or contributed to the death of their loved one. As would be the case in other car accidents in which the victim may have been partially responsible, if the court finds that his actions contributed to his death, any damages awarded by the court will be reduced by the percentage of liability assigned to the victim, so long as it does not exceed 50 percent.

Source: ctpost.com, "Enfield teacher charged in accident that killed pedestrian", Aug. 4, 2016

No Comments

Leave a comment
Comment Information

Our Office Location Phone: | Fax:

84 Cedar Street
Hartford, CT 06106

Phone: 860-952-3026
Fax: 860-522-1203
Hartford Law Office Map

41 Lexington Street
New Britain, CT 06052

Phone: 860-952-3026
Fax: 860-522-1203
New Britain Law Office Map

265 Meriden Road
Waterbury, CT 06705

Waterbury Law Office Map

Waterbury Office

View Our all Videos

Super Lawyers - Rising Stars
United States district court CHBA - Connecticut Hispanic Bar Association AV - Peer Review Rated Connecticut Bar Association HCBA pennsylvania bar association massachusetts bar association Million Dollar Advocates Forum