When someone dies in a car accident or some other preventable tragedy, wrongful death claims offer their loved ones the opportunity to seek compensation for their loss and a form of accountability on the part of the negligent party.
But what if their loved one was also negligent? Perhaps the deceased was speeding, failed to notice a warning sign or made a decision that contributed to the accident? Connecticut follows a modified comparative negligence rule, and understanding how this rule works can help families evaluate their legal options after a fatal accident.
How does comparative negligence work?
Comparative negligence determines how responsibility for an accident is divided among the people involved. Negligence doesn’t automatically prevent recovery in a wrongful death case. Instead, recovery is allowed when the negligence attributed to the deceased isn’t greater than the combined negligence of the other contributory parties. The applicable percentage of negligence then reduces the damages.
In other words, the deceased person’s conduct doesn’t necessarily eliminate the claim, but it does affect the compensation their loved ones may receive.
However, the same comparative negligence rule may bar recovery if the deceased was more than 50% responsible for the accident. Therefore, Connecticut doesn’t simply reduce damages by any percentage of fault. It also applies a threshold that can prevent recovery.
Determining fault can be complicated, especially when the deceased can’t explain what happened.
Insurance companies often conduct their own investigations and will argue that the deceased contributed to the accident. But their conclusions aren’t necessarily the final word on liability. There is other evidence that may help establish what happened, such as:
- Police accident reports and witness statements
- Vehicle damage and accident reconstruction findings
- Photographs and video footage
- Medical records
- Cellphone records
- Vehicle maintenance logs
All relevant evidence needs to be evaluated, not assumed based on what the opposing party or insurance company says.
Losing a loved one is devastating, and learning they may have contributed to the accident can make an already painful situation confusing. Still, partial fault doesn’t mean that a wrongful death claim is impossible.
Family members need someone who can investigate the accident, evaluate the evidence, identify potentially responsible parties and explain their legal options.
