Comparative Fault Rule in Connecticut
Connecticut uses a "comparative fault" rule that reduces or eliminates damages in cases where the injured person is found to share some level of blame for the accident which caused their injuries.
ExampleAssume that Connecticut’s modified comparative fault rule in action. Suppose you’re driving a few miles per hour over the posted speed limit when you pass through an intersection. Another driver runs a red light at the intersection and hits your car. Eventually, it’s determined that you were 20 percent at fault, and the other driver was 80 percent at fault.
ImplicationsUnder Connecticut’s modified comparative fault rule, the 20 percent of fault assigned to you means your total damages will be reduced by 20 percent. If your damages in the example above were $10,000, this means you would walk away with $8,000, or the $10,000 total minus $2,000.
Connecticut courts follow the “51 percent Bar Rule” under which a damaged party cannot recover if it is 51 percent or more at fault. However, the damaged party can recover if it is 50 percent or less at fault, but that recovery would be reduced by its degree of fault.
LogisticsConnecticut courts are required to apply the comparative fault rule in injury lawsuits that make it through trial. Insurance adjusters may also choose to bring up the issue of comparative fault during settlement negotiations, so it’s best to be prepared.