What Determines Who is at Fault in a Car Accident?
Posted By Donlin Law || 25-Sep-2015
After a car accident, it’s not unusual for each person to blame the other driver. Although some types of accidents are almost always one driver’s fault, other situations are not as straightforward. Connecticut is a fault-based insurance state, meaning that the person at fault is responsible for the damages of the other party or parties. For this reason, determining who is at fault is one of the most important components of a car accident injury claim.
The Concept of Negligence
When it comes to accident claims, insurance companies rely on the legal concept of negligence. Negligence can best be understood as carelessness or lack of reasonable caution which leads to an accident. For example, if one driver is driving much faster than the speed limit, that could be considered negligent behavior.
To prove fault, insurance companies will look at a number of factors including:
- The type of accident – is fault obvious?
- Police report or traffic citations
- State traffic laws – is there a clear violation?
“Automatic Fault” Accidents
There are a few types of car accidents which are almost always the fault of one specific driver. The most common example of this is a rear-end collision, where one driver strikes the rear bumper of another car. In this instance, the driver in the rear car will be primarily, if not completely at fault. Accidents in which one driver makes a left turn in front of another also fall into this category.
Modified Comparative Negligence
Connecticut is one of a number of states which use a modified comparative negligence rule – essentially, the damages you can recover are directly proportional to your percentage of fault. Oftentimes in these “automatic fault” types of accidents, the other driver is found to be partially at fault. If driver one rear ends driver two, but driver two did not have working brake lights, they will usually be at least partly at fault for the crash.
Injured in a Car Crash? Call Donlin Law Today.
This is just a brief, top-level overview of proving fault in a car accident; in reality, these claims can be highly complex to prove. If you’ve been injured in a car accident, you need skillful representation form a dedicated Hamden injury attorney. You’ll find this representation at Donlin Law. When you choose our firm, we will fight tirelessly to get you fair compensation for your injuries, and won’t charge you a penny unless we win your case.
Don’t take chances with your injury claim. Call (203) 800-1697 for the skillful representation you need.