Few incidents have as dramatic an effect on a person’s life as a car accident. It is possible that not only a person suffers a physical injury, but they may also endure financial losses and emotional traumas.
Any person who suffers these losses because of the poor judgement or irresponsible acts of another party deserves compensation. However, the law states that it falls to the injured person to prove the fault of another. This could quickly frustrate unrepresented plaintiffs who struggle to deal with insurance companies while seeking treatment for injuries.
A Darien car accident lawyer may be able to help. Auto accident attorneys work with injured individuals to understand the extent of their losses and to gather the evidence needed to prove that a defendant’s improper driving was the source of those losses.
The Concept of Duty in Car Accident Claims
Getting behind the wheel of a car enters a person into a social contract. In exchange for being able to travel on public roads or streets, a driver assumes a duty to protect all other people that they may encounter. Drivers cannot waive this duty, and this duty is automatic.
If a driver violates this duty and is involved in an accident, they carry liability for any resulting damage. How might a driver violate this duty? The simplest cases revolve around a driver who breaks a rule of the road and causes an accident. If a responding police officer cites a driver for speeding, failing to stop, or use of a cell phone, this could be persuasive evidence in a subsequent claim for damages.
Other cases require a more in-depth analysis of the actions of all parties to determine fault. This is because Darien courts operate under the theory of modified comparative negligence in accident cases. According to Connecticut General Statute §52-572(h), courts examine the actions of all parties to assign blame. If a plaintiff carries more than 50 percent of that blame, the court must dismiss the case. A Darien auto accident lawyer could help to build cases against defendants who have violated their duty to keep other travelers safe.
for Darien GET A FREE CONSULTATION
Pursuing Cases for Appropriate Payments
Proving defendant fault is only one part of a successful car accident compensation. Even if a car wreck attorney and plaintiff are able to prove that a defendant was negligent for a crash, they must still be able to demonstrate how that crash has affected the plaintiff’s life.
The central portion of any car crash case is a physical harm that a car crash attorney must establish. In fact, a case cannot proceed without a person suffering an injury that requires medical attention. Typical examples of the injuries in car wrecks include:
- Separated joints
- Severe cuts or scrapes
- Burns
- Broken bones
- Spinal cord injuries
- Traumatic brain injuries
A claim against a defendant demands reimbursement for all medical bills that resulted from the incident. However, it is a rare auto accident claim that only affects a person’s physical health. Many plaintiffs find that they also endure emotional trauma in the form of pain, flashbacks, or PTSD. Although difficult to measure, these losses are also a compensable damage in the eyes of the law.
Finally, many plaintiffs might also suffer financial damages. These could include damage to a vehicle that is not covered by their own insurance or lost wages due to being left unable to work. A Darien car accident firm could help to measure the full extent of a plaintiff’s losses and to demand that an at-fault defendant provide all appropriate compensation.
The deadline to file in Connecticut
Connecticut law generally gives you two years from the date the injury is sustained or discovered to bring a claim, and in most cases no more than three years from the act or omission complained of, even if the injury is discovered later. That deadline comes from Conn. Gen. Stat. § 52-584.
How shared fault affects your claim
Connecticut follows modified comparative fault under Conn. Gen. Stat. § 52-572h: when the victim and the defendant share fault, the court reduces recoverable compensation by the victim's percentage of fault, and a victim whose share of fault is more than 50 percent may not recover at all.
Frequently Asked Questions
What is the concept of duty in car accident claims?
Getting behind the wheel enters a driver into a social contract. In exchange for using public roads, a driver assumes an automatic duty to protect all other people they may encounter, and drivers cannot waive this duty. If a driver violates this duty and is involved in an accident, they carry liability for any resulting damage.
How might a driver violate this duty and be found at fault for a crash?
A driver may violate their duty by breaking a rule of the road and causing an accident. A police citation for speeding, failing to stop, or use of a cell phone could be persuasive evidence in a subsequent claim for damages. Other cases require a more in-depth analysis of the actions of all parties to determine fault.
How does modified comparative negligence work in Darien car accident cases?
Darien courts operate under modified comparative negligence in accident cases. Under Connecticut General Statute §52-572(h), courts examine the actions of all parties to assign blame, and if a plaintiff carries more than 50 percent of that blame, the court must dismiss the case.
What injuries are typical in car wreck cases?
Typical examples of injuries in car wrecks include separated joints, severe cuts or scrapes, burns, broken bones, spinal cord injuries, and traumatic brain injuries.
What types of compensation can a person pursue after a car accident?
A claim can demand reimbursement for all medical bills that resulted from the incident. Plaintiffs may also seek compensation for emotional trauma such as pain, flashbacks, or PTSD, and for financial damages such as vehicle damage not covered by their own insurance or lost wages due to being unable to work.
A Darien Auto Accident Attorney Could Help
Car accidents injuries often inflict life-altering changes that may never fully reverse. Even though defendants do not intend for this result to occur, the fact remains that all drivers assume a duty to protect all other people whenever they get behind the wheel. It falls to an injured party to prove that a defendant failed in their obligation to provide this protection.
A Darien car accident liability attorney could help to meet this legal burden. An attorney works to gather essential evidence, to fit that evidence within the framework of the law, and to demand appropriate payments during settlement talks and at trial. Contact a Darien auto injury lawyer today to schedule a car accident consultation.
