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Can You Still Recover If You’re Partly at Fault? Understanding Connecticut’s Comparative Negligence Law
Last updated Friday, January 23rd, 2026
Getting into a car accident is stressful enough. Add the worry that you might have contributed to the crash, and many people assume their case is lost before it begins. That assumption costs them. Under Connecticut law, being partially responsible for an accident doesn’t automatically eliminate your right to compensation. The state follows what’s called modified comparative negligence, and understanding how it works can mean the difference between walking away empty-handed and recovering what you’re owed.
How Comparative Negligence Works in Connecticut
Connecticut operates under a modified comparative negligence system with a 50 percent bar rule, codified in Connecticut General Statutes § 52-572h. Here’s what that means in practical terms: you can still recover damages as long as your share of fault doesn’t reach 50 percent. Cross that threshold, and you lose the right to any recovery.
The mechanics are straightforward. If a jury or insurance adjuster determines you were 30 percent at fault for the collision, your total damages get reduced by that same percentage. Say your medical bills, lost wages, and pain and suffering add up to $100,000. At 30 percent fault, you’d receive $70,000. At 49 percent, you’d still collect $51,000. But at 50 percent or higher, you get nothing.
This system applies to most personal injury claims arising from car accidents in Connecticut. It affects negotiations with insurance companies and calculations at trial. The law doesn’t care whether your fault was minor or substantial, only whether it stayed below that 50 percent mark.
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Examples of Shared Fault Scenarios
Real cases rarely fit into neat categories. Fault gets divided based on the specific actions and circumstances surrounding each collision. A driver who ran a red light bears obvious responsibility, but what if the other driver was speeding or distracted? Both factors matter.
Consider a rear-end collision on Route 9 during morning traffic. The conventional wisdom says the trailing driver is always at fault. But if the front driver brake-checked without reason or had non-functioning brake lights, liability shifts. A jury might assign 20 percent fault to the front driver and 80 percent to the rear driver. Both can recover, though the front driver’s award would be reduced by their share.
Or take a left-turn accident at a busy intersection. The turning driver typically must yield, but if the oncoming car was traveling well above the speed limit and could have avoided the crash, fault might split 60-40 or even closer to even. The key is proving what each driver did wrong and how much those actions contributed to the harm.
Parking lot accidents illustrate shared fault particularly well. With multiple vehicles backing up, cutting through lanes, and navigating tight spaces, courts often find both drivers made mistakes. One might have failed to check their blind spot, while the other ignored a stop sign painted on the pavement. A 50-50 split isn’t uncommon, which under Connecticut law means neither party recovers from the other.
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How Fault Percentage Affects Your Settlement or Verdict
Insurance companies know this law as well as any attorney. When you file a claim, the adjuster will look for any behavior on your part that contributed to the accident. They’ll review the police report, witness statements, traffic camera footage, and physical evidence. Their goal is to push your fault percentage as high as possible to reduce what they pay out.
This creates a negotiation dynamic that catches many accident victims off guard. An insurance company might accept that their insured driver caused the crash but argue you were on your phone, failed to maintain your lane, or drove too fast for conditions. Even if their claims are weak, throwing them into the mix can pressure you into accepting less than you deserve.
The math works in the insurer’s favor. If they can argue you were 40 percent at fault instead of 20 percent, they cut their payout by an additional 20 percent. On a $100,000 claim, that’s $20,000 saved. Multiply that across hundreds of claims, and the incentive to inflate your fault becomes clear.
When cases go to trial, juries receive detailed instructions on comparative negligence. They must assign a percentage of fault to each party based on the evidence presented. Connecticut law requires these percentages to total 100 percent. The jury then calculates damages and reduces the plaintiff’s award by their assigned fault. If the plaintiff’s fault reaches or exceeds 50 percent, the judge enters judgment for the defendant.
Why Legal Representation Makes a Difference
Comparative negligence cases hinge on evidence and how persuasively it’s presented. An experienced attorney knows what to look for and how to counter inflated fault claims. They’ll gather documentation the average person might overlook: maintenance records showing your brakes were recently serviced, cell phone records proving you weren’t texting, surveillance footage from nearby businesses capturing the moments before impact.
Witness testimony matters. Your lawyer will track down people who saw the accident and can speak to what happened. They’ll hire accident reconstruction experts when needed to recreate the collision and establish causation. These steps cost money up front, but often determine whether your fault stays below 50 percent.
Defense attorneys and insurance adjusters respect opponents who can build a strong case. When you’re represented, they know they can’t simply assert you were at fault without backing it up. Negotiations become more balanced. Settlement offers improve. The threat of taking the case to trial carries weight because you’ve demonstrated the ability to do so effectively.
Without representation, you’re at a significant disadvantage. You might not know which evidence to preserve or how to challenge the other side’s version of events. Insurance companies will use your lack of legal knowledge against you, presenting their fault assessment as more certain than it actually is.
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Common Questions About Comparative Negligence in Connecticut
What if the other driver was clearly more at fault, but I made a small mistake?
Small mistakes matter less than major ones in most cases. If the other driver ran a stop sign while you were going five miles over the speed limit, a jury would likely assign you minimal fault, perhaps 5 to 10 percent. That reduces your recovery slightly but doesn’t bar it. The key is whether your action materially contributed to causing the accident.
Can insurance companies assign fault differently than a jury would?
Yes. Insurance adjusters make their own determinations during the claims process. Their assessment isn’t binding if you reject their offer and go to trial, but it affects settlement negotiations. An adjuster might claim you were 60 percent at fault to avoid paying anything, betting you won’t pursue litigation. Having an attorney challenge that assessment early often brings more realistic numbers to the table.
Does my insurance rate go up if I'm found partially at fault?
Typically, yes. Insurance companies review claims where you share fault when setting renewal rates. The increase depends on your percentage of fault, your driving history, and your insurer’s policies. Even if you recover damages from the other driver, expect your premiums to rise if you’re assigned any responsibility for the crash.
What happens if I'm exactly 50 percent at fault?
Connecticut’s 50 percent bar rule means you cannot recover. The law requires your fault to be less than 50 percent, not equal to it. Even 49 percent qualifies for recovery, but 50 percent does not. This makes the difference between 49 and 50 percent worth fighting over.
Can the other driver sue me if I was partially at fault?
Absolutely. Comparative negligence works both ways. If you were 30 percent at fault and the other driver was 70 percent at fault, you can sue them for your damages reduced by 30 percent. They can also sue you for their damages reduced by 70 percent. Both claims can proceed simultaneously, and both may succeed depending on the evidence.
How long do I have to file a claim in Connecticut?
The statute of limitations for personal injury cases in Connecticut is generally two years from the date of the accident. This deadline applies whether you’re 0 percent or 40 percent at fault. Missing it means losing your right to recover, regardless of how strong your case might be.
Getting Help with Your Case
If you’ve been in an accident and worry that you might have contributed to it, don’t let that concern stop you from exploring your options. Connecticut law specifically allows for recovery even when you share fault. What matters is proving your responsibility stayed below 50 percent and documenting the full extent of your damages.
Many accident victims give up too quickly, assuming partial fault means no recovery. Others accept lowball settlement offers because they don’t realize insurers are exaggerating their role in the crash. Both mistakes are avoidable with proper legal guidance.
A free case evaluation costs you nothing and provides clarity about where you stand. An attorney can review the facts, estimate how fault might be divided, and explain what your case is realistically worth. That information alone helps you make better decisions about whether to settle or pursue litigation.
The sooner you act, the more options you preserve. Evidence disappears, witnesses forget details, and procedural deadlines approach. Getting legal advice early ensures nothing falls through the cracks while you’re still recovering from your injuries.
Get a Free Case Evaluation
If you were injured in a car accident and believe you might share some responsibility, contact Wocl Leydon to discuss your situation. We’ll review the facts, explain how Connecticut’s comparative negligence law applies, and help you understand your rights. Don’t let uncertainty about fault keep you from pursuing the compensation you deserve.
