Pedestrian accidents can result in severe injuries, or even fatalities, making the determination of fault a critical aspect of any legal claims. In Connecticut, the process of establishing fault involves several factors and legal principles, including comparative negligence and the “sole proximate cause” rule for defective road or sidewalk claims.
Factors Influencing Fault Determination in Pedestrian Accidents
When a pedestrian accident occurs, Connecticut law requires a thorough examination of the actions of both the driver and the pedestrian. Key questions include whether the pedestrian was crossing at a designated crosswalk and whether the driver obeyed traffic signals. According to Connecticut General Statutes § 14-300c, drivers must yield the right-of-way to pedestrians in marked crosswalks, which often plays a crucial role in fault determination.
Comparative Negligence in Connecticut
Connecticut follows a modified comparative negligence rule. This means that a pedestrian can still recover damages even if they are partially at fault for the accident. However, their compensation will be reduced by their percentage of fault. If a pedestrian is found to be more than 50% at fault, they cannot recover any damages. For example, if a pedestrian was jaywalking, this might reduce their compensation, but not necessarily eliminate it.
Evidence in Establishing Fault in Pedestrian Accidents
Various types of evidence are considered to determine fault, including eyewitness testimony, traffic camera footage, and police reports. Questions such as whether the driver obeyed traffic signals or whether the pedestrian was distracted are critical. An attorney can conduct thorough investigations to gather all relevant information, including medical bills and proof of lost wages, to prove the extent to which the accident affected the plaintiff’s life.
Sole Proximate Cause in Defective Road or Sidewalk Claims
In Connecticut, claims for injuries caused by defective roads or sidewalks are governed by strict conditions under the “sole proximate cause” rule. According to Conn. Gen. Statute § 13a-149, a person injured by a defective municipal road or bridge may recover damages only if the governmental responsibility is the sole proximate cause of the injury. This means that no other party can be even 1% responsible for causing or contributing to the injury. This rule makes it challenging to recover damages in cases where comparative negligence is involved. (For state roads or sidewalks, that applicable statute is 13a-144, but the rule is substantially the same).
Navigating the aftermath of a pedestrian accident in Connecticut can be complex. Understanding the principles of comparative negligence and the “sole proximate cause” rule is crucial for victims seeking justice and compensation. If you have been wrongfully injured in a pedestrian accident or due to a defective road or sidewalk, it is essential to consult with an experienced personal injury attorney who can help you understand your rights and maximize your compensation. Contact our dedicated legal team at Casper & de Toledo today to discuss your case and explore your legal options.
