Determining fault can be a difficult aspect of the automobile accident process. In order to have a legitimate claim against the other party, you have to prove that the person was negligent. This makes the other party liable for the damages that the accident caused. You can learn more about liability, negligence, and fault here.
What Is Negligence?
The law defines negligence as a failure to use reasonable care. Every driver has to use reasonable care when operating a motor vehicle. This means that drivers must follow the rules of the road and be aware of their surroundings. These things can help to avoid an accident and keep everyone on the roads safe. If a driver fails to do this, their actions could be considered negligent.
Fault in an accident can be proven by the police. For this reason, it is a good idea to contact the police after an accident and have them come to the scene. The police officer can determine who caused the accident. They can put this information in a police report. This information can be used later on in your case.
Once you prove that the other driver was negligent, you also have to prove another element. You must prove that this negligence was a direct cause of your injury. If your vehicle got damaged, prove that their negligence caused the damage. In the State of Connecticut, you must prove that the person at fault owed you a duty. Then you have to prove that they breached this duty. In this case, the duty owed to you by other drivers on the road is to drive safely and not cause an accident.
You must also prove that you suffered damages. It is your responsibility to prove that your injuries were a result of the other person’s carelessness. But, in the State of Connecticut, there is such a thing as contributory negligence. This happens if you were also being careless and this contributed to your injury. If it is found that you contributed to the accident, it will weaken your case. But, even if you contributed to the accident, you can still get compensation from the other party. In most cases, you won’t get as much compensation as you would have if the other party was solely at fault for the accident.
If it is determined that the other person was at fault and you file a claim, you could get compensation. Compensation can pay for your medical expenses related to your injury. It can also contribute to time that you couldn’t work due to your injury. Other options for compensation are:
- Damaged property.
- Emotional suffering and pain.
- Any other costs from injury.
In order to properly explain your medical injuries, you might need the help of a professional. This is one reason why it is a good idea to hire a personal injury lawyer. Chances are, you don’t know the liability and negligence laws in Connecticut. This is another way that a lawyer can help you make a case. For more information on your situation and to determine liability, you should contact our office.