This is a term that applies when the defendant in a tort case claims that the plaintiff in the same case was also negligent, and therefore contributed to the accident.   When the defendant claims that the plaintiff is also fault he makes a contributory negligence claim.  Some states apply the pure contributory negligence rule that says if you are partially at fault you cannot recover anything at all from the defendant even if the defendant was also negligent.   But in Connecticut we have what is called comparative negligence, so you can still recover even if you are partially at fault, but your negligence with act to reduce the amount you can recover by the percentage of fault attributed to your negligence as long as your negligence does not exceed fifty percent.

If you have been in a serious car or truck accident on Route 95 or Route 1 in Connecticut, and the other driver claim you were also at fault you will need the help of a lawyer.  We invite you to contact the Route 95 or Route 1 truck and car accident lawyers at The Bartinik Law Firm PC, 100 Fort Hill Road, Groton, Connecticut at 860 445 8521 or toll free at 888 717 4211.

Peter J. Bartinik, Jr.
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Civil Trial Attorney, Practicing Law in Connecticut
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