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.

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.

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.