Pedestrian Accident Claims in Connecticut

Pedestrian right of way: at a marked or unmarked crosswalk not controlled by police or signals, drivers must grant the right of way (slowing or stopping) to a pedestrian crossing in the crosswalk, which includes a pedestrian who steps to the curb and signals intent by raising a hand and arm toward traffic, or who moves any part of the body or an extension (such as a cane, stroller or leashed dog) into the crosswalk; drivers may not pass a vehicle stopped for a pedestrian at a crosswalk. Where signals or police control traffic, pedestrians must obey them and may not cross except at a crosswalk, and a pedestrian who has started crossing has the right of way until reaching the other side. Pedestrians may not suddenly step into the path of a vehicle too close to stop. Drivers who violate the crosswalk law can be fined up to $500, but violations are not negligence per se in a civil case.

Modified comparative negligence (51% bar). In negligence cases, an injured person can recover if his or her negligence was not greater than the combined negligence of the defendants (including settled or released parties). Damages are reduced by the injured person's percentage of negligence. Each defendant is generally liable only for its proportionate share of damages.

Auto liability policies must provide at least $25,000 for injury or death of one person, $50,000 for injury or death of more than one person in an accident, and $25,000 for property damage (25/50/25).

A lawsuit for personal injury caused by negligence or by reckless or wanton misconduct must be filed within two years from the date the injury is first sustained or discovered (or reasonably should have been discovered), and no more than three years from the date of the act or omission. Other tort claims not covered by that rule (for example, many intentional torts) have three years from the act or omission.