While it might be obvious to you that the other driver is at fault, you should expect the insurance defense lawyer to build a case that attempts to place some of the blame onto you.  In Connecticut, we have a rule known a "comparative fault."  This means that if you are partially at fault then the defense gets to reduce their damages by the percentage of fault attributable to you.

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For example, if you are in a serious Waterford, Connecticut car accident case in which you suffered a fractured femur, and you are 5% at fault, and the other driver is 95% at fault, you should expect your damages to be reduced by the 5% attributable to you percentage of fault.  For the defendant's perspective, they have nothing to lose.  If they can pin some of the blame onto you, then they have saved their client at least something.  Saving 5% is better than saving zero.  

That is why it is important for you to always sit down and analyse exactly what you did to avoid the crash even if it is obvious to you that it is the other guys fault.  You want to mimimize the defense lawyers ability to try to claim that you failed to avoid the crash when you possibly could have done so.  

In most car crash cases the defense lawyer will claim a "special defense" that you are "contibutorily negligent" and are partially at fault. A special defense is a defense in which the defendant admits the main points in your complaint, but they claim that they still win based on a certain legal rule or principle.  

If you or anyone you know has been in a serious car accident we are here to help.  Contact The Bartinik Law Firm, PC., 100 Fort Hill Road, Groton, CT., 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