Whenever car accidents occur, the drivers involved are expected to exchange information. This process creates a record of the accident and allows the drivers — and their attorneys — to stay in touch during the ensuing process of determining fault and resolving insurance claims. It also ensures that negligent drivers can be held accountable through a personal injury claim.

Hit-and-run accidents deprive accident victims of this process and make it more challenging for the victim to recover compensation for injuries and property damages. Having a skilled attorney on your side is crucial for understanding the complicated process of submitting an insurance claim after a hit-and-run accident and for recovering damages if the at-fault driver is apprehended.

Hit-and-run laws in Connecticut

Connecticut law requires that drivers who are knowingly involved in an accident must stop to provide their assistance to any other drivers involved and to share important information, including their name, address, and license or registration number. Even if no other drivers are involved, such as a single-vehicle crash that causes damage to a parked vehicle, the driver must make an effort to provide this information by informing a witness or calling the police.

Drivers who leave the scene of an accident can be charged with evading responsibility and other crimes. Penalties will vary based on the severity of the accident, ranging from fines for minor accidents to imprisonment for hit-and-run accidents resulting in a serious injury or death.

A hit-and-run accident can occur when a driver leaves the scene after striking a vehicle or another road user, such as a pedestrian or bicyclist. An accident resulting in property damage can also be considered a hit-and-run, such as a driver leaving the scene after colliding with a parked vehicle.

The challenges presented by a hit-and-run accident

When drivers follow the lawful process after an accident, an investigation will determine who is at fault. The victim can then make a claim to collect compensation through the at-fault driver’s auto insurance. This process also gives them the option of filing a personal injury claim against the at-fault driver if their negligent behavior caused an accident, and the auto insurance company is not valuing the loss correctly.

In a hit-and-run accident, a driver must instead seek compensation through their own insurance. This can make the process more burdensome since the insurance company will be relying on limited information. They may also treat such a claim with more suspicion since hit-and-run claims can be more susceptible to fraud.

Steps to take after a hit-and-run accident

Any hit-and-run accident should be promptly reported to the police, who will begin an investigation and try to track down the responsible driver. They can also collect evidence that will help strengthen any claims they make to their insurance company, including debris left at the scene, eyewitness statements, and surveillance or dashcam footage.

Hit-and-run victims should seek medical attention, even if they don’t believe they are seriously injured. They should also make medical appointments for any subsequent ailments that could be a result of the accident and keep a record of these visits.

Victims should also take steps to document the accident scene and maintain records of any expenses related to the accident, including medical expenses and vehicle repair bills.

Making an insurance claim after a hit-and-run accident

Connecticut law requires all drivers to carry a minimum coverage for uninsured or underinsured motorists (or UM/UIM insurance for short) of at least $25,000 per person and $50,000 per accident. This coverage allows drivers to receive compensation if they are involved in an accident with a driver who lacks auto insurance or has inadequate insurance. It can also be used to cover expenses related to a hit-and-run accident.

Check your specific policy to see what it offers for UM/UIM coverage. The minimum coverage is typically insufficient for covering the financial burden created by a hit-and-run accident, but some policies have higher amounts. The policy will also explain any exclusions or coverage limits. One such exclusion which may be in a policy is that there must be contact between your vehicle and the hit-and-run vehicle to make a UM claim.

Your policy may also provide direct compensation for certain expenses. For example, if you have collision coverage or medical pay insurance, you can use it to cover damage to your vehicle and medical care, respectively.

Claims should be filed promptly after the accident, and you’ll need to stay in regular communication with your insurance company to provide any necessary information or updates.

Providing documentation and evidence, such as the police report and witness statements, can help strengthen your claim. Insurance companies often seek to reduce the amount of money awarded in a claim, knowing that people may be eager to get at least some money to cover their mounting bills and accept a lower offer. Working with an attorney helps you get compensated fairly so that it can be used toward your current and future expenses.

What happens if the at-fault driver is identified?

Hit-and-run accidents have an additional complication in that the at-fault driver may turn themselves in or be apprehended at a later date. If the driver is identified, it might change the process of receiving an insurance claim while also opening up the possibility of filing a personal injury claim.

Since insurance claims should be submitted as soon as possible, you’ll need to follow up with your insurance company after the at-fault driver is found to update them on the situation. The insurance company may consider the matter closed if it’s already been resolved through your own insurance. However, they might also opt to adjust your claim to seek compensation from the driver’s insurer.

Once the driver’s identity is known, you can file a personal injury claim against them, seeking compensation for medical costs, lost wages, damaged property, and other expenses. Hit-and- run accidents are often considered particularly egregious because the driver intentionally tried to escape the consequences of the accident.

Defendants in these claims frequently argue that they did not know they struck an object or person or that the victim’s behavior contributed to the accident. An attorney can help build a strong claim that counters such arguments and proves that the driver was negligent.

Compensation may be available through other avenues as well. If the at-fault driver was intoxicated, any businesses or hosts who overserved them can be held liable. Hit-and-run victims are also eligible for Connecticut’s victim compensation program, which helps crime victims pay for expenses not covered by their insurance or other financial resources, to a limited extent.

Let’s review your case

Hit-and-run accidents result in numerous complexities, whether you’re filing a claim with an insurance company or seeking compensation from a negligent driver. The attorneys at Anderson Trial Lawyers can help you collect the information you need to present a strong claim. Contact us online or call 860.886.8845 to set up a free consultation.

Finding out your child has suffered a serious injury is every parent’s worst nightmare. Even after receiving medical attention, a child often has a long road ahead of them as they recover from physical and psychological trauma.

Parents or legal guardians can file a personal injury claim on behalf of children to seek compensation for the injuries they have suffered. However, any claims involving a child also come with a variety of safeguards designed to keep the child’s best interests in mind. It’s important to work with a skilled attorney who can help guide you through the process.

When can a minor be awarded damages?

Children can recover damages if they are injured due to the negligence of another party. In fact, certain children are more likely to receive compensation when they are owed a greater duty of care.

While people generally have a duty of care to minimize the risk that their actions will cause injuries to others, they are expected to take extra precautions to prevent injuries to children. This is because children may be less capable of recognizing and avoiding potential hazards.

The following are some examples of things that can cause injuries to children and make them eligible to receive damages through a personal injury claim:

• Motor vehicle accidents
• Dog bites
• Defective products
• Negligent supervision at a school, daycare, or other location
• Sports injuries
• Premises liability issues, including attractive nuisances
• Exposure to toxic materials such as asbestos or lead paint
• Physical or sexual assault

Anyone filing a personal injury claim on behalf of a child can seek compensation for economic losses (including medical expenses and the loss of future earning potential) as well as non- economic damages such as emotional trauma or pain and suffering. The court or jury may also approve punitive damages if the defendant’s actions were particularly egregious.

Who can file a personal injury claim on behalf of a minor?

Under most circumstances, children under the age of 18 are not allowed to bring claims on their own behalf in Connecticut. To file a personal injury claim on behalf of a child, a person must be the child’s legal representative or “next friend.” In most claims, this means the child’s parents or legal guardians are permitted to represent them. Other close relatives — including aunts and uncles, adult siblings, and grandparents — may also be able to act as legal representatives.

In some claims, the court may appoint a special representative to act in the child’s best interests. This may occur if the child’s parents or legal guardians are deceased or found to be unfit to act on behalf of the child or when there are significant conflicts of interest involved in the claim. In these instances, the court may appoint a guardian ad litem to represent the child.

What happens to the money awarded to a child in a personal injury claim?

No matter who pursues a personal injury claim for a minor, any personal injury claims seeking damages for injuries to a child are subject to strict legal procedures and probate court oversight. This is to make sure the damages awarded to a child are protected until the child is old enough to make his/her own decisions. That does not necessarily mean at age 18. The probate court will review the terms of any settlement to ensure that it is fair and in the best interests of the child. It will also determine how, and when, the funding can be accessed.

In some claims, the probate court will order that the damages awarded should be set aside in a trust or blocked account, which safeguards the funds and ensures that they are available for the child’s needs in the future. Alternatively, the probate court may approve a structured settlement to provide periodic payments rather than a lump sum, establishing regular income to meet a child’s needs.

Can a parent access the funds awarded to their child?

Although the child is legally the owner of any damages awarded in a personal injury claim, their parents or other legal representatives may be able to use the money on their behalf. This access is permitted when the probate court determines that the funds are necessary to pay for ongoing expenses related to a child’s injury, such as medical care. The funds may also be used to pay for approved education expenses to support the child. In some circumstances, such as severe financial hardship, the probate court may also permit the use of this money to support a child’s basic needs, including payments for housing, food, and clothing.

To guarantee that the funds are being used for the proper purpose, the court may appoint a guardian to oversee the child’s finances – especially in claims resulting in large settlements. The guardian is responsible for managing the funds and making decisions in the child’s best interests, petitioning the court for access to funds, and updating the court on how the money is being used. A parent can be appointed as a guardian as long as they take on these responsibilities.

Connecticut law holds that damages can be awarded, or a settlement approved, on behalf of a child under the age of 18, only when a settlement or verdict is less than $10,000. In this circumstance, the money can be managed by a parent or guardian without probate court supervision.

For awards of $10,000 or more, probate court supervision is mandatory, and the funds must be deposited into a court-approved account. Parents or others acting as the custodian or trustee must get probate court approval to access and spend any funds from these accounts. In addition, the terms of the settlement may specifically dictate how the funds are to be handled.

What happens when the child reaches adulthood?

A child will gain more control over the damages awarded in a personal injury claim once they reach the age of majority, which in Connecticut is 18 years old.

If the funds are held in a custodial account, the child will gain control of these funds when they become an adult. This means they will have full control over how they withdraw and spend this money.

If the money was placed in a trust, there may be certain terms that dictate how the money is to be distributed once the child releases adulthood. In some cases, the full amount may be released. In structured settlements, funds will be released on a set schedule that guarantees a certain percentage of the trust is accessible each year over a set period of time. The agreement may also stipulate that access to the funds is contingent on certain milestones, such as the child completing high school.

In some cases, especially those involving large sums, the court may issue orders on the distribution of funds that will apply even after the child reaches adulthood. These terms may include structured payouts or oversight by a financial advisor.

Let’s review your case

If your child has been injured in an accident, Anderson Trial Lawyers can help you navigate the process of filing a personal injury claim on their behalf. Set up a free consultation by contacting us online or calling 860.886.8845.

Proposals over whether to strengthen or relax motorcycle helmet laws periodically pop up across the United States, often resulting in confusion regarding an injured person’s rights. Proponents of stronger helmet laws argue that they reduce motorcyclists’ risk of injury or death, while opponents claim that they’re an unnecessary restriction on personal rights.

Whether you are wearing a helmet or not can also have a bearing on personal injury claims filed after a motorcycle accident. Motorcyclists injured while riding without a helmet may mistakenly believe they have forfeited their right to seek damages because they were not wearing a helmet. Furthermore,, defendants in such instances often argue that the decision to not wear a helmet constitutes negligence. 

Despite this ongoing debate, the issue generally has no bearing on determining who is at fault in the accident — meaning a motorcyclist can still receive compensation even if failing to wear a helmet contributed to their injuries.

Motorcycle helmets and injuries

For years, traffic safety organizations have strongly advocated for motorcyclists to wear helmets while riding. Helmets absorb the impact forces in a crash, helping to prevent or reduce the severity of injuries to the head and neck.

Studies have shown that motorcyclists who were not using a helmet when they were involved in an accident are more likely to suffer severe or fatal injuries. This, in turn, means they require more serious medical attention and incur higher medical costs.

Helmet laws and liability

The Highway Safety Act of 1966 mandated that states require universal motorcycle helmet use in order to receive a portion of federal highway funds. When this sanctioning provision was repealed in 1975, many states — including Connecticut — responded by eliminating or weakening their helmet laws.

Today, Connecticut requires that motorcyclists under the age of 18 and passengers under the age of 18, as well as those operating a motorcycle with a learner’s permit, must wear a helmet that meets federal safety standards. Although there have been several attempts to strengthen this law, including proposals for a universal helmet law, licensed adult motorcyclists in Connecticut are not required to wear a helmet.

Motorcycle helmet laws vary considerably from state to state. Only 17 states require all motorcyclists to wear helmets; some also mandate eye protection. Some states have no helmet laws at all, and some have helmet laws that are only applicable to certain age groups.

This variation in helmet laws means that liability considerations for an accident can change as soon as the motorcyclist crosses a state line. In states with stricter helmet laws, a motorcyclist must consider how a jury will interpret the fact that they aren’t wearing a helmet in pursuing a claim. In states with looser restrictions, the opposite may be true.

How helmet laws affect compensation

Any plaintiff filing a motor vehicle accident claim must establish that another motorist’s negligence is the proximate cause of their injuries. Meaning, if not for the other person’s negligence, the plaintiff would not be injured. In general, the question of whether a motorcyclist was wearing a helmet is irrelevant when determining the cause of an accident. 

If a motorcyclist wasn’t wearing a helmet at the time of an accident, the defendant may suggest that this contributed to the severity of their injuries. This could include introducing testimony from medical professionals and others to claim that the motorcyclist could have prevented or limited their injuries if they had been wearing a helmet. A skilled trial attorney will know the steps to take to best present your case.

Issues of comparative negligence may come up when a motorcyclist fails to wear a helmet. Comparative negligence holds that when a plaintiff shares the fault for their injuries, a jury can assign a percentage of the blame to them and any damages awarded in a settlement or verdict will be reduced accordingly. If jurors hold bias due to a motorcyclist failing to wear a helmet, they may  hold a motorcyclist at least partially responsible for the injuries they sustain.

Connecticut’s comparative negligence statute holds that a plaintiff can recover damages from a defendant as long as they’re less than 50 percent at fault in an accident. Since Connecticut does not have a universal helmet law, failing to wear a helmet does not factor into this calculation (unless the plaintiff was a minor or using a learner’s permit at the time of the accident and thus subject to the state’s more limited helmet requirements). However, a trial lawyer must consider bias in picking a jury and putting on evidence.

Can helmet use strengthen a claim?

Wearing a helmet can help strengthen a motorcycle accident claim in several different ways. These include: 

• Demonstrating responsibility: When helmet laws apply, wearing a helmet proves that the motorcyclist followed the law. This can help reduce the percentage of fault attributed to them.
• Mitigating damages: Wearing a helmet shows that the motorcyclist took reasonable precautions to minimize any injuries, helping counter arguments for reduced compensation.
• Minimizing bias: Given the biases against motorcyclists, including stereotypes that they are reckless or dangerous motorists, wearing a helmet can help overcome these biases by demonstrating a commitment to personal safety.

Let’s review your case

If you or a loved one have been injured in a motorcycle accident, the attorneys at Anderson Trial Lawyers can help you develop your claim and recover fair and reasonable compensation for your damages. Contact us today at 860.886.8845 or by using our online form to schedule a free consultation.

Bicycling has long been popular as a recreational activity, a form of exercise, and a way to commute to work. Cities and towns across Connecticut have increasingly been working to encourage bicycling as well, taking steps such as establishing bike lanes.

Unfortunately, bicycle accidents are still a common occurrence. Cyclists often have to contend with negligent drivers whose actions can cause serious injuries. According to the Centers for Disease Control and Prevention, nearly 1,000 cyclists are killed and 130,000 injured on roads in the United States each year.

Many people also have negative perceptions of cyclists, and this bias can limit your chances of success in a personal injury suit. However, developing a strong claim can establish a defendant’s negligence and get you the compensation you deserve.

Bicycle accidents and liability

Cyclists have less protection than motor vehicle drivers in an accident, and may suffer serious injuries such as broken bones and traumatic brain injuries when they are involved in a collision. There are many circumstances where a driver can be held liable for a cyclist’s injuries due to negligent actions, including: 

• Turning into the path of a cyclist who has the right of way
• Failing to yield to a cyclist at an intersection or crosswalk
• Opening a vehicle door into the path of a cyclist
• Making a lane change without checking their blind spot
• Failing to use a turn signal
• Speeding
• Distracted driving
• Driving under the influence of alcohol and/or drugs
• Driving aggressively

In some accidents, a party other than a driver may also be held responsible. Poorly maintained roads or cycling infrastructure can cause a cyclist to lose control or crash, as can faulty bicycle products or repairs.

Common biases against cyclists

There is a phenomenon known as “windshield bias” where people tend to consider the accident from the driver’s perspective. In bicycle accidents, this means that several important parties — from the police who investigate the accident to the jury considering a personal injury claim — are more likely to make assumptions about what the driver could have reasonably seen, excuse the driver’s actions, and attribute blame to the cyclist.

Studies have also shown that many people hold broader biases against cyclists, especially if they do not take part in the activity themselves. Similar to motorcycle bias, people may have preconceived notions about the character and behavior of cyclists, making them more likely to believe that cyclists are at fault in an accident.

Examples of bicycle bias include:

• Assuming cyclists regularly disregard traffic laws: Perhaps the most common reason people are biased against cyclists is that they have witnessed a cyclist zipping through a stop sign, weaving between cars, or otherwise riding recklessly. Based on these observations, they assume that all cyclists ride in a similar manner.
• Believing that cyclists are less skilled than drivers: Cyclists must follow certain rules of the road designed to keep them safe. However, people often believe that cyclists are more likely than drivers to make errors that can cause an accident, such as unexpectedly cutting across a street.
• General disdain for cyclists: People may hold grievances about cyclists, such as irritation about having to share the road with them.
• Lack of understanding of bicycle laws: While cyclists are permitted to share the road with drivers, not everyone is aware of this fact. Some may believe (or simply hold the opinion) that cyclists should not be allowed on the road.
• Believing that bicycling is an inherently risky behavior: Cyclists have fewer safety protections than motorists, and people may believe that they accept more risk when they ride. This bias overlooks the fact that drivers still owe a duty of care to be careful to avoid causing injuries to others, including cyclists.

How bicycle bias can affect a personal injury claim

Bicycle bias can undermine a personal injury claim in a variety of ways. The police investigating the accident may focus more on the cyclist’s actions than a negligent driver’s, or neglect other factors such as the condition of the road at the time of the accident. Healthcare professionals may downplay the severity of a cyclist’s injuries. A judge or jury may be biased against the cyclist, either consciously or unconsciously, when a claim goes to court.

Defense arguments often build on these biases by arguing that a cyclist was reckless, not following traffic rules, or otherwise acting irresponsibly. This can help convince a judge or jury that the cyclist’s testimony is less credible than the driver’s, limiting a cyclist’s chances of prevailing in court.

How to counter bicycle bias

A strong claim is essential for pushing back against bicycle bias in court. This can help overcome any assumptions about the cyclist’s behavior and prove that fault rests with another party.

A personal injury attorney can help you build a strong personal injury claim after a bicycle accident by:

• Collecting evidence: A thorough documentation of the accident scene will include evidence such as road conditions, the location of any road signs and traffic signals, witness statements, and any surveillance or dashcam footage that captured the accident.
• Gathering medical records: Records outlining the medical attention you received after the accident, including ongoing treatments such as physical therapy, help quantify the financial impact on your life. 
• Directly confronting biases: Even if they believe they will give your claim a fair hearing, a judge or juror could be unconsciously biased against cyclists. An attorney can raise this issue and confront it directly, at the time of selecting a jury and during evidence such as testimony from investigating officers, the negligent driver or others who can attest to your safe cycling habits.

Let’s review your case

If you were injured in a bicycle accident, contact the attorneys at Anderson Trial Lawyers today for a free consultation to discuss your claim. Fill out our online contact form or call us at 860.886.8845.

There has been an evident increase in accidents involving pedestrians in recent years, and these incidents often result in serious injuries. The Governors Highway Safety Association recently found that pedestrian fatalities reached a 41-year high of more than 7,500 in 2023, including 62 people killed in Connecticut. One has to think that the rise in distracted driving has played a major factor in this increase.

Pedestrians can receive compensation through insurance or workers’ compensation claims after an accident, but they are often insufficient to cover the full costs inflicted by an accident. Hiring a personal injury attorney can help you get fair compensation from both the insurance companies and those responsible for your injuries.

Causes of accidents involving pedestrians

Pedestrians can be injured in many unexpected ways, including slipping and falling on an unsafe sidewalk, falling materials at a construction site, or a collision with a bicyclist, scooter, or skateboarder. Pedestrians have even filed claims against other pedestrians who ran into them while distracted.

For this article, we’re focusing on motor vehicle accidents, which are the most common type of accident involving pedestrians and the most likely to cause serious injuries. Accidents can occur when:

• A vehicle hits a pedestrian crossing the street, either in a marked crosswalk or outside of one
• A vehicle goes around a turn and strikes a pedestrian
• One driver stops for a pedestrian, who is then struck by a driver going around them or passing in a separate lane 
• A pedestrian walks in front of a vehicle as it is backing up
• A driver’s vision is blocked by hedges, walls, street signs or other obstructions
• A pedestrian is struck in a parking lot
• A driver does not see a pedestrian due to low visibility conditions, such as darkness or fog
• A driver loses control, leaves the roadway, and strikes a pedestrian
• Distracted driving

In some cases, a third party may share some of the blame or even be primarily responsible for the accident. This can occur when issues like poor road design, inadequate signage, or faulty vehicle parts contribute to an accident.

Finding evidence to support your claim

To prevail in a personal injury claim, a plaintiff has to put together strong evidence to uphold their version of events and show that a defendant’s actions were negligent. There are several pieces of evidence that can be used in a claim, including:

• A police report: Includes helpful information such as witness statements, measurements, photographs, dashcam video and a preliminary assessment of fault.
• Witness statements: Help corroborate your version of events. Ideally as close to the accident as possible, when they have a strong recollection of the accident.
• Medical records: Show the mechanism of injury in pedestrian cases through a diagnosis of your injuries, the treatments necessary for your recovery, and the costs you have paid for medical care.
• Photographs: Document the accident scene, including pictures of injuries, damage to the vehicle involved, and other relevant features such as road conditions and signs.
• Video footage: Captures footage of the accident or a driver’s actions before the accident, as well as at the scene after an accident. Video evidence can include surveillance footage from nearby homes and businesses as well as dashcam footage from law enforcement.
• Experts: Expert witnesses can include accident reconstruction specialists, investigators, civil engineers, code experts, and others. In addition, forensic accountants determine the impact of the accident on a plaintiff’s earning capacity.
• Driver record: Can strengthen claims of driver negligence by highlighting past traffic violations. 
• Cell phone records: Can help prove that a driver was distracted at the time of the accident.

Negligence factors

Motorists have a duty of care to drive safely and follow traffic laws for their safety as well as the safety of anyone else using the road. If a driver behaves irresponsibly and this behavior causes them to hit a pedestrian, they can be found negligent and held liable for a pedestrian’s injuries. Examples of driver negligence include:

• Failing to yield: Drivers in Connecticut must yield to pedestrians in a crosswalk, and for safety reasons they must also give way to anyone crossing the street — even if not in a crosswalk. A recent Connecticut law also states that drivers must yield to pedestrians who make a visible signal that they are about to cross the street.
• Speeding: Drivers who are traveling at an unsafe speed are less capable of stopping or avoiding pedestrians properly using the roadway.
• Distracted driving: Drivers may not see a pedestrian in time if they are texting, talking on a phone, using an in-vehicle entertainment system, or otherwise distracted.
• Driving under the influence: If a driver is intoxicated, they will be less aware of their surroundings and have a slower reaction time.
• Disobeying traffic signals: Drivers may collide with a pedestrian if they go through a red light or stop sign
• Reckless driving: Any driver behavior that is aggressive or unsafe can cause them to collide with a pedestrian

Compensatory and punitive damages

Pedestrians who are injured by a negligent driver can seek compensatory damages. Depending on the circumstances of the accident, they may also be able to seek punitive damages.

Compensatory damages take into account both economic and non-economic losses resulting from the accident. Economic losses cover things like medical bills, lost wages, and personal property damaged or destroyed in the accident. The court may also determine that the plaintiff is entitled to additional damages for indirect, non-economic losses such as pain and suffering or the loss of enjoyment of life.

Punitive damages may be awarded in claims where the defendant’s behavior is reckless. These damages are meant to punish the defendant for their actions and deter similar behavior in the future.
In motor vehicle accidents where a pedestrian is injured, punitive damages may be awarded for particularly egregious conduct, such as when a driver intentionally hits a pedestrian, flees the scene after the accident, hits a pedestrian while street racing, or drives distracted.

What if I was partially at fault?

Pedestrians also have a duty of care when using a sidewalk or roadway and are expected to act in a safe, predictable manner. In some circumstances, it may be determined that a pedestrian’s behavior contributed to the accident, including:

• Jaywalking, walking against a “Don’t Walk” signal, or failing to use a crosswalk 
• Not following the rules of the road, including expectations that pedestrians will use a sidewalk when available, walk on the left side of the road, and yield to emergency vehicles with flashing lights or sirens. 
• Acting in a way that a driver cannot anticipate, such as darting in front of a vehicle or entering the street from between two vehicles
• Walking while distracted, intoxicated, or under the influence of drugs
• Walking in a prohibited area, such as on the shoulder of a freeway
• Failing to take proper precautions when walking at night, such as wearing reflective clothing or carrying a flashlight.

Connecticut has a modified comparative negligence statute, which can hold a plaintiff partially responsible in an accident and reduce their compensation accordingly. However, it is still possible to recover damages as long as the court finds that you weren’t more than 50 percent responsible for the accident.

Let’s review your case

If you or a loved one were injured in a pedestrian accident, call Anderson Trial Lawyers at 860.886.8845. We’ll set up a free consultation to discuss your case and the intricacies of pursuing a claim when injured as a pedestrian.

The option to work from home, once a rarity, has become widely adopted in the aftermath of the COVID-19 pandemic. The arrangement often provides greater flexibility and convenience for workers, and many businesses accommodate their employees by allowing them to work remotely for at least part of the week.

The increased availability of remote work has also impacted personal injury claims. Remote work arrangements can lead to defense arguments for a reduction in settlements or verdicts on the basis that injured people can reduce their lost wage claim, a compensable damage, if they can work from home.

Even with the option to work from home, you’ll still want to recover an amount that adequately compensates you for your injuries. A skilled attorney will be able to craft a strong case on your behalf.

How lost wages and diminished earning capacity are calculated

When you are injured in an accident, you may be out of work for some time while recovering. Recovery in personal injury cases account for this by compensating someone for lost wages or the money you would have earned had you not been injured.

Lost wages are calculated based on your hourly wage (or annual salary) and the number of days of work you missed. This calculation can also take other factors into account, such as lost overtime, commissions, tips, bonuses, and retirement fund contributions; missed promotions; sick days or paid time off used during your recovery; and even certain work-related perks such as stipends. There are also challenges AND benefits to being self-employed and sustaining an injury through no fault of your own. As with any claim for lost wages, documentation is key.

Lost wages differ from diminished earning capacity, which awards damages based on the claim that your injury has limited your future ability to earn money. For example, accidents that result in the loss of a limb or a traumatic brain injury may make it impossible to return to the job you held before you were injured.

To calculate lost wages or diminished earning capacity, attorneys will collect information on your earnings, such as your W-2 form and pay stubs. Your employer can also provide testimony on your earnings and missed work, including details on any perks or additional income you lost after your injury. A self-employed person can often testify for themselves about earnings lost due to injury, without the need to bring in economists and vocational rehabilitation experts.

In addition, a seasoned personal injury trial attorney will collect medical evidence showing that your condition prevented you or currently prevents you from working. This evidence can include a note from your doctor explaining how much time is necessary for your treatment and recovery.

Diminished earning capacity can be determined with the help of forensic economists. These experts consider factors like age, education, work experience, and skills to determine how the injury has inhibited someone from advancing one’s career and how many more years they would have worked. They then determine a sum an injured person would have likely earned during a career had they not been injured.

Your duty to find work

An injured person does have the duty to mitigate his/her damages in a personal injury case, and this may come up in claims involving lost wages or diminished earning capacity. Plaintiffs must take reasonable steps to minimize the impact an injury has on their lives, and their ability to resume their regular activities, including work.

If a plaintiff is able to return to work after their injury, and fails to do so, a defendant may argue that a plaintiff acted unreasonably if they took actions such as failing to show up for a job interview, applying for unsuitable jobs, or refusing offers of employment at a salary less than what they were making before their injury.

A seasoned personal injury trial attorney will counsel someone injured on what should be done, depending on the circumstances, to make and prove a lost wage or diminished earning capacity claim.

The impact of remote work

When you’re injured in an accident but still have the ability to work remotely, you may be able to return to your previous role and minimize the time when out of work. An employer may also be able to adjust your work duties so you can work remotely, or you may be able to find other opportunities in your field that allow for remote work.

The possibility of remote work can lead a defendant to argue for a reduction in lost wages and to make the claim that you have not suffered diminished earning capacity. They may also argue that you failed to mitigate damages by not pursuing remote work or that your skills or abilities give you the opportunity to find remote work.

However, this type of debate was also common before the rise of remote work. Plaintiffs are often able to return to work in some capacity, but not at the level they were at before their injury. There are several circumstances where you can still argue that you have suffered lost wages and diminished earning capacity, even with remote work as an option. These include:

• Your earnings are reduced as a result of your work duties being adjusted to support remote work
• Your injuries prevent you from returning to full-time employment and only allow you to work remotely part-time
• Psychological or emotional trauma caused by your injury is inhibiting your ability to work
• Remote work is allowing you to earn income but limiting your potential for future career advancement

Getting injured while working remotely

Remote work has also raised questions about whether employees are eligible for workers’ compensation if they are injured while working from home.

Since workers’ compensation is no-fault insurance and an employer has no control over an employee’s home environment, it can be awarded for numerous different types of injuries that occur during the course of a workday. These can include injuries like carpal tunnel from frequent computer use or breaking an ankle while tripping over a loose rug.

It is generally accepted that employees can receive workers’ compensation for injuries that occur outside the workplace. However, they must demonstrate that they were doing a work- related activity. Even something like tripping and falling while walking from your home office to the kitchen to get a cup of coffee can be eligible for workers’ compensation; by contrast, your claim won’t be successful if you hurt yourself while mowing the lawn on your lunch break.

Workers’ compensation claims for injuries that occur while working from home can sometimes be more challenging than those that occur in the workplace. For example, an injury that occurs at home is less likely to be corroborated by witnesses. Insurers may also be suspicious of injuries that occur outside the typical 9-5 workday, even though employees may opt to put in evening hours when working remotely.

Let’s review your case

The attorneys at Anderson Trial Lawyers are here to assist you with your claim, including issues involving personal injuries and working remotely. Call 860.886.8845 or contact us online to set up a free consultation.

A visit to the playground offers children a chance for a fun day outside. Unfortunately, these visits sometimes end with a trip to the emergency room.

Studies have shown that more than 200,000 children in the United States go to the hospital each year with injuries sustained on the playground, such as concussions or severe lacerations. Broken bones resulting from a fall are the most common injury, and the majority of those injured are ages nine and under.

If your child was injured in a playground accident, you may be able to file a personal injury claim to receive compensation for their medical bills and other costs. These claims can be very complex, and a skilled attorney can provide helpful assistance. In this blog, we’ll explore some of the legal issues that may arise from a playground injury.

Premises liability

Playgrounds can be found at numerous different places, including schools, parks, day care centers, campgrounds, churches, and private homes. No matter who owns the playground, they have a responsibility to keep it safe. A claim against someone in control of a playground must demonstrate that the defendant failed to make sure the playground was reasonably safe to use. An injury may be caused, or worsened, by the following conditions on the premises:

Poor maintenance

The playground owner has a duty to regularly inspect it for any potential safety issues, such as broken equipment or unsafe surfaces. They also have a responsibility to repair these problems in a reasonable amount of time. If the property owner fails to take these steps, they can be held responsible.

Lack of hazard warnings

When a playground hazard is present, the playground owner must take steps to keep visitors away from it until it can be addressed. If they don’t take reasonable steps to warn others, such as putting up barriers or signs, they can be held liable for injuries resulting from the hazard.

Inadequate safety and security measures

The playground owner must take steps to ensure that the premises are safe and secure, especially if there are known issues at the site. Precautionary steps might include putting up fencing to prevent children from walking into a nearby street or installing lights if the playground can be used in the evening.

Products liability

You may also be able to file a claim against those responsible for designing, manufacturing, or constructing the playground. A products liability claim can be filed if one of the following scenarios occurred: 

The playground is poorly designed or constructed

Playgrounds must be designed to endure various weather conditions and heavy use. They must also include adequate safety features and be appropriately designed for a specific age range. If there was a design flaw that made the playground inherently unsafe, it can contribute to injuries. If a defective product causes injury, a product seller may be responsible for damages.

Even if a playground is properly designed, errors or flaws in the production process can create unsafe conditions that contribute to injuries. If a manufacturer becomes aware of such a defect, they must issue a timely recall notice and provide proper notification to make the playground owner aware of any potential hazards. Manufacturers can also be held liable if they use substandard materials or other practices that compromise the safety of the playground.

Errors in the construction or installation of a playground can also contribute to injuries. These might include structural instability, loose components, and the exposure of sharp fasteners like screws and bolts.

Regulatory non-compliance

Playgrounds must comply with safety standards and regulations governing playgrounds. These standards can include federal, state, or local codes. Any parties that don’t abide by these standards can be held liable if this non-compliance is a substantial factor in causing an injury.

Failure to warn

Playground equipment usually includes labels warning visitors about certain inherent risks in using the playground. If the manufacturer fails to provide adequate information about potential safety risks, they can be held liable for an injury.

Negligent supervision

Parents have a duty of care to supervise their children at playgrounds, look out for potential hazards, and take reasonable steps to prevent injuries. This duty also extends to adults who supervise children “in loco parentis,” or in place of the parents, such as teachers and day care staff.

The playground owner can be held liable if a staffer did not properly supervise children using the playground. Negligent supervision may include not addressing a safety hazard, failing to stop dangerous behavior, or being absent or distracted when the injury occurs. It can also include the failure of the playground owner to hire qualified staff, maintain adequate staffing levels, provide proper training, or establish proper policies and procedures.

Negligent supervision can sometimes be challenging to prove, as the plaintiff must show that the defendant failed to act reasonably and did not provide an adequate standard of care. This factor can also be less applicable in claims involving older children, who are generally expected to exercise better judgment and not require close supervision.

Other considerations

Depending on the circumstances of the accident, several other issues can come into play when a child is injured on a playground. These might include:

Governmental immunity

Publicly owned playgrounds, including those at schools or parks, have greater protection from legal claims due to government immunity. This protection aims to prevent legal actions against government entities. However, there are certain exceptions to this immunity, which must be investigated to defeat a governmental immunity defense.

Trespassing

There may be clear signs indicating that a playground is not used at certain times, such as after sunset or outside of school hours. If an injury occurred outside of these hours, the defendant may argue that the plaintiff was trespassing and therefore not owed the same duty of care owed to users during normal hours. However, property owners are still responsible for keeping the property in good repair and owe a greater duty of care to children (see below).

Attractive nuisance precautions

Property owners must take precautions to prevent foreseeable harm children may suffer due to property features that may attract children. For example, the owner of a private playground has a duty of care to put up fencing or other deterrents to prevent its unsupervised use.

Shared fault

A defendant may argue that you share some of the fault for your child’s injury. For example, if a child is injured due to unsafe equipment but you were not supervising them at the time they were hurt, the defendant can argue that you were partially to blame. This can result in a reduction in the award received in a settlement or verdict.

Let’s review your case

Personal injury claims involving playground injuries can be complex. If your child has been injured in a playground accident, the attorneys at Anderson Trial Lawyers will sit down with you to discuss the circumstances of the accident and how you might proceed with a claim, and conduct the needed investigation to pursue a claim. Contact us online or call 860.886.8845 to set up a free consultation.

Winter weather conditions can sometimes make for a scary driving experience. Snow, ice, or slush might create slippery road surfaces, which can cause a driver to lose control of their vehicle and crash.

Icy roads can also complicate motor vehicle accident claims. If a driver collides with your vehicle on a slick road, they may argue that they are not liable for your injuries because the dangerous road conditions made the crash impossible to avoid. The condition of the road can also be a factor in determining whether a driver was at fault in an accident, and hence, whether insurance will pay for all damages caused in a crash.

The attorneys at Anderson Trial Lawyers are skilled in handling motor vehicle accident claims of all kinds, including motor vehicle accidents that occur in winter weather. Here are a few factors that commonly come up in these types of claims.

Negligent driver behavior

When you get behind the wheel, you owe a duty of care to drive responsibly — not only for your own safety but for the safety of everyone else on the road. When hazardous conditions are present, this means you must reduce your speed and otherwise use extra caution to reduce the chances of an accident.

For this reason, motor vehicle accident claims primarily focus on the behavior of each driver rather than the road conditions at the time of a crash. Drivers are expected to be aware of any hazards the weather might create — many vehicles even issue a warning that ice might be present when they are started on days with freezing temperatures — and respond accordingly.

If you are involved in an accident with another driver who was not exercising due caution at the time of the crash, they can be held liable for your injuries. Some examples of negligent behavior include:

• Driving too fast for conditions: During hazardous conditions, drivers are expected to slow down to travel at a safe speed — even if their vehicle is equipped with four-wheel drive, snow tires, or other features to help them navigate winter weather. Drivers who travel too fast for conditions may not be able to safely stop on a slippery road.
• Following too closely: Drivers must always maintain a safe following distance from the vehicle in front of them so they can stop, if necessary. During slippery conditions, drivers are expected to increase this following distance to account for reduced traction. 
• Inadequate maintenance: A driver’s duty of care includes keeping their vehicle in safe working condition. Certain maintenance issues, such as tires and brakes, will make it more difficult for a driver to operate their vehicle and avoid a crash in icy conditions.
• Failing to take other precautions: A driver might be held liable if they do not take other proper precautions in poor weather conditions, such as using their headlights during low visibility conditions and clearing their windshield of snow and ice.

Factors that limit a driver’s liability

In some cases, a court may decide that a crash resulted from the inherent risks of driving in hazardous weather during the winter, not negligence on a driver’s part. Even if a driver is found to be negligent in a crash, certain factors can limit their liability. These include:

• Unpredictable hazards: If a driver encounters something unusual on a road with little or no warning, they may be able to argue that they did not have adequate time to respond to the hazard. 
• Reasonable driving behaviors: A driver may be able to show that the accident occurred even though they were taking the necessary precautions, such as reducing their speed.
• Uncontrollable sliding: Some circumstances, such as a severe ice buildup and sloped roads, can cause vehicles to slide uncontrollably. This can be considered a mitigating factor that reduces a driver’s liability in a crash.

Third-party liability

On public roadways, it is the duty of the state or municipal government to keep the road reasonably clear of snow and ice in order to permit safe travel. They are also responsible for the upkeep of features that can improve road safety and reduce accident severity, such as streetlights and barriers that separate the road from a steep slope. 

Governments typically have immunity protections against certain lawsuits, on the principle that excessive litigation could impede the government’s ability to provide services. However, municipal or state governments can still be held liable if they fail to properly maintain a road. 

For example, you might show that a town’s public works department failed to sand and salt the road despite adequate warning of potential icing, or that they did not respond to icy conditions in a timely manner. You can also argue that inadequate maintenance of safety features contributed to a more severe accident.

If the crash occurred on a private road, you may be able to file a claim against the entity responsible for maintaining the road. Certain other factors will also affect liability for motor vehicle accidents on private roads, such as contractual agreements between a homeowners association and the party responsible for the upkeep of the road.

Let’s review your case

If you or a loved one have been injured in a motor vehicle accident, the skilled attorneys at Anderson Trial Lawyers can help. We’ll review the circumstances of your accident and help you get the settlement or verdict you deserve. Contact us online or call us at 860.886.8845 to set up a free consultation.

Most of us have had the unpleasant experience of taking a tumble during the winter. Snow and ice create more slippery surfaces, making it more likely that you’ll lose your footing. 

Slipping and falling is so common in wintertime that people may consider it a normal part of the season. Yet these incidents can also lead to serious injuries, such as broken bones or traumatic brain injuries, that result in lost wages and expensive medical bills.

Even though falls occur frequently in the winter, you’ll still have grounds for a personal injury claim if another person’s negligence contributed to your accident. However, numerous factors also go into determining liability in a winter slip and fall case, including the property owner’s responsibilities, the injured person’s actions, and the inherent risks of winter weather.

When you have grounds for a personal injury claim

The property owner failed to remove ice and snow

Property owners have a duty of care to keep the premises reasonably safe for visitors. During the winter, that means inspecting areas such as walkways, driveways, and parking lots for snow and ice, and then taking steps to remove it. Although public sidewalks are considered municipal property, local ordinances and statutes typically put the responsibility for snow and ice removal on the abutting property owner. Commercial property owners also have a duty to anticipate inclement weather and prepare accordingly, in addition to maintaining the property after a weather event.

The property owner negligently maintained their property

If a property owner does not maintain their property well, it can lead to hazards such as leaking roofs, improperly draining gutters, or poor drainage. These conditions can cause water to pool and freeze in areas where visitors might walk, increasing the risk of a slip and fall accident. Property owners can also directly create hazards through negligent behavior, such as emptying water onto a nearby sidewalk and allowing it to freeze.

The property owner failed to warn you about the hazard

A property owner can — and should — put up signs or barriers warning people about slippery conditions they know to exist. If the property owner does not take this step, they can be held liable if someone is injured on the property.

When you might not have a claim

The property owner wasn’t negligent

Property owners are not expected to remove every last speck of snow and ice from their property, only to make a reasonable effort to address the hazard. A court may determine that the property owner did their due diligence but that inherently dangerous conditions still remained.

Similarly, property owners are not expected to clear snow and ice as soon as it appears; rather they must address the hazard within a reasonable amount of time. If you slipped and fell while walking during a winter storm, for example, a property owner can’t be held liable because they aren’t expected to clear their property until after this weather has subsided (this is known as the “ongoing storm doctrine”).

Property owners can also sometimes limit, or even eliminate, their liability if they demonstrate that they quickly addressed a hazard once it was reported to them.

You share the blame for your injury

Comparative negligence is an affirmative defense that typically acknowledges that the defendant bears some responsibility for the plaintiff’s injuries, but also argues that the plaintiff is partially to blame due to their own negligent actions. For example, the defendant in a winter slip and fall case might argue that the plaintiff was wearing improper footwear or failed to see the hazard because they were distracted at the time.

If the court determines that you were primarily responsible for your injury (at least 51 percent to blame), you won’t be able to recover damages. If the defendant was primarily to blame, you’ll still be able to file a claim but comparative negligence will reduce the damages you’ll be able to recover.

You slipped and fell on public property

Government entities generally have greater protection against lawsuits. This will limit your ability to file a claim if you slipped and fell at a location such as a government building, public park, or a sidewalk maintained by a municipality.

However, it is still possible to file a claim against a government entity if you follow certain procedures and abide by timelines, and if you can make the case that the government was negligent in its duty of care.

Let’s review your case

If you have been injured in a winter slip and fall accident, the experienced attorneys at Anderson Trial Lawyers can help you with your personal injury claim. Contact us online or call us at 860.886.8845.

You may be reluctant to bring a personal injury claim, but not because you’re worried that you won’t prevail at trial or get treated fairly under the law. Instead, you may be worried that people will think your claim is frivolous.

“Frivolous lawsuit” is a term created by politicians and insurance companies to call into question the entire concept of seeking fair and reasonable compensation for real injuries caused by the negligence of another. There have been many personal injury claims filed over unusual incidents. This doesn’t mean those claims are frivolous. With more people on this planet, more cars on the road, and more products being advertised to us in a commercial world, honest people are being harmed and deserve to have their claims determined on the merits of their case. 

Even if a personal injury claim seems strange, that doesn’t necessarily mean that it is without merit. Perhaps the most famous example is the McDonald’s hot coffee case of 1994, in which an elderly woman named Stella Liebeck sued the fast food chain after spilling coffee on herself. Many people still believe that this case involved a greedy plaintiff who suffered a minor burn from carelessly handling a hot beverage, then exploited the injury to seek a huge settlement from a wealthy corporation.

The truth is much more complicated. Liebeck suffered third-degree burns over 16 percent of her body and was hospitalized for eight days. She only sued McDonald’s after the company repeatedly refused her requests to cover her medical bills. The trial also exposed how McDonald’s had been keeping its coffee dangerously hot (against industry safety standards) to maximize the number of cups of coffee it could get out of one pot, and hadn’t changed this practice even after the company became aware of hundreds of prior burn injuries. In other words, the trial brought out the greed of a fast food giant in the face of many people being injured by their product.

In the end, Liebeck asked the jury to send a message to McDonald’s. Liebeck prevailed in her claim, and McDonald’s was ordered to pay compensatory damages for her pain, suffering, and medical bills, as well as punitive damages. 

The award was equal to one day’s coffee receipts for McDonald’s worldwide, which is why the number was so high. And this is what the insurance industry, politicians in the pockets of big business, and others that want to limit injured people’s rights access to the courts used to indoctrinate the general public — those that will eventually sit on juries. In actuality, the trial court reduced Liebeck’s award substantially under state law. The general public rarely heard about that, however.

Even if you’re worried that your personal injury claim may cause you embarrassment, this shouldn’t dissuade you from consulting with an attorney on the matter. If you have a legitimate personal injury claim and choose not to pursue it, you won’t be able to collect any damages from the negligent party — and you may be on the hook for any medical bills and other expenses.

Frivolous personal injury claims vs. illegitimate personal injury claims

Very few personal injury claims are actually considered frivolous. That’s because a frivolous claim is one the court determines to be a deliberate bad faith effort to harass a defendant. Frivolous lawsuits may attempt to tarnish a defendant’s reputation, cause embarrassment to a defendant, or bring media attention to an issue.

Courts consider personal injury claims to be frivolous if they are filed on grounds that are so flimsy that a reasonable person wouldn’t believe that the facts support the plaintiff’s case. A court may also consider a claim to be frivolous if it is not supported by existing laws, although the plaintiff may argue that they believe there is a good faith argument for their case to establish a new legal precedent.

In general, attorneys will never try to take a frivolous claim before a court. Here’s why:

• Bad reputation: Frivolous lawsuits cause stress and economic losses for the defendants and waste the court’s time. Attorneys don’t want to be responsible for this type of detrimental impact, or receive a poor reputation due to such claims.
• Wasted effort: Summary judgment decisions quickly dismiss frivolous claims so they stop taking up the court’s time. Attorneys are unlikely to spend time and effort preparing a claim if it’s destined to be quickly thrown out.
• Penalties: Attorneys filing frivolous cases can be fined, sued or even disbarred.

Many of the lawsuits that are held up as examples of frivolous claims are actually legitimate claims. They are advertised as frivolous even though a jury of honest people found the claim legitimate. 

Is my claim legitimate?

A personal injury claim is legitimate if you have suffered an injury and can show, by a preponderance of the evidence, that this is due to a violation of law, policy or code, or the action—or lack of action—by the defendant. The strongest claims will clearly demonstrate that the defendant violated a long-standing rule and how the plaintiff has been affected (such as financial losses or the inability to continue enjoying certain activities).

In some cases, the evidence is clearly on the plaintiff’s side and a settlement can be reached quickly. However, most claims involve more complicated circumstances. The defendant may argue that they were not responsible for the plaintiff’s injuries, or that the plaintiff was partially if not completely responsible for their own injuries. 

A defendant may also try to frame a plaintiff’s case as frivolous, and just this accusation can bias a jury against the plaintiff. A skilled attorney can push back against this argument and show how your personal injury claim has merit.

If you have any concerns over the legitimacy of your personal injury claim, consultation with an experienced attorney is a good place to start. This meeting is a chance to discuss your claim, what evidence you have to support it, and whether it is likely to succeed in court. To schedule a free consultation with Anderson Trial Lawyers, call 860-886-8845 or contact us online.