Connecticut Pedestrian Accident Lawyer

A few features of Connecticut law shape how pedestrian accident cases play out.

Driver duty to yield at crosswalks

Connecticut General Statutes § 14-300 requires drivers to grant the right of way to pedestrians at marked and unmarked crosswalks. Public Act 21-28, which took effect in October 2021, substantially strengthened this duty. Under the updated law, drivers must stop when a pedestrian is within any portion of a crosswalk, when a pedestrian steps to the curb at the entrance to a crosswalk and indicates intent to cross, or when a pedestrian otherwise signals intent to cross by raising a hand or arm or stepping forward. Before the 2021 update, pedestrians effectively had to step into traffic before drivers were required to stop. The current law shifts that burden significantly in pedestrians' favor.

Driver duty of due care

Connecticut General Statutes § 14-300d imposes a general duty on every driver to exercise due care to avoid colliding with any pedestrian. This duty applies whether or not a pedestrian is in a crosswalk.

Vulnerable user law

Connecticut General Statutes § 14-300i establishes that drivers must exercise reasonable care when near a "vulnerable user" of a public way, including pedestrians, cyclists, runners, and others not protected by a vehicle. A driver whose careless conduct causes serious physical injury or death to a vulnerable user can face additional penalties.

Pedestrian responsibilities

Pedestrians also have responsibilities under Connecticut law. They generally must use crosswalks where available and may not suddenly step off a curb into the path of a vehicle so close that the vehicle cannot reasonably stop. Pedestrians who cross outside of a crosswalk yield the right of way to vehicles. Failure to comply with these requirements does not necessarily bar recovery, but it can become a comparative-fault issue.

Comparative negligence

Connecticut applies a modified comparative negligence rule. A pedestrian who is partially at fault for a crash may still recover, but only if the pedestrian's share of fault is 50% or less. This is known as contributory negligence in Connecticut. If a plaintiff is found to be contributorily negligent, and the percentage of fault assigned to the plaintiff is 50% or less, then the recovery is reduced by the pedestrian's percentage of fault. If the pedestrian is found to be more than 50% at fault, then they recover nothing. Comparative fault is contested in many pedestrian cases, and defense lawyers routinely attempt to shift fault to pedestrians. Our legal team works hard to develop evidence to overcome comparative negligence defenses.

The most serious pedestrian cases the firm sees tend to involve a handful of recurring driver failures.

Distracted driving. A driver looking at a phone, a navigation screen, or anything other than the road in front of them can fail to see a pedestrian in time to react. Distracted driving is a leading cause of pedestrian fatalities in Connecticut and across the country.

Failure to yield at crosswalks. Drivers who do not stop for pedestrians at marked or unmarked crosswalks, particularly in busy downtown and commercial areas, are a constant source of serious injury.

Failure to yield when turning. Many pedestrian collisions occur when a driver is turning, often turning right on red or turning left across oncoming traffic, and fails to look for pedestrians in the crosswalk they are turning into.

Impaired driving. Alcohol, illegal drugs, and certain medications impair the judgment and reaction time of drivers. An impaired driver is dramatically more likely to miss a pedestrian until it is too late.

Speeding. Not only does speeding increase the risk of striking a pedestrian but pedestrian injury severity rises sharply with vehicle speed.

Backing-up accidents. Pedestrians, particularly young children and the elderly, are routinely struck by drivers backing out of driveways, parking spaces, and commercial loading areas without checking.

Dangerous road and crosswalk conditions. Poor lighting, faded crosswalk markings, missing signage, malfunctioning pedestrian signals, and inadequately designed intersections all contribute to pedestrian crashes. When a public entity is responsible for a dangerous condition that contributed to the crash, it may share liability.

Drowsy driving. A driver who falls asleep at the wheel or whose reactions are slowed by fatigue is no safer than an impaired driver. Drowsy driving is increasingly recognized as a major factor in serious pedestrian incidents.

Pedestrians have no protection from a vehicle impact, and the injuries the firm's cases involve reflect that. The most common include:

• Traumatic brain injuries, from concussion to severe traumatic brain injuries (TBI) with permanent cognitive impairment
• Spinal cord injuries, including incomplete and complete injuries that can result in partial or total paralysis
• Multiple fractures, particularly to the legs, pelvis, hips, and spine
• Internal organ damage from blunt force trauma
• Crush injuries, particularly when a pedestrian is struck by a turning vehicle and rolled under
• Amputation of limbs in severe collisions
• Soft tissue injuries that can produce chronic pain long after visible injuries have healed
• Psychological injuries, including post-traumatic stress, anxiety, and depression
• Fatal injuries, where the family is left to pursue a wrongful death claim

Many of these injuries do not present fully in the hours after the impact. Adrenaline can mask pain. Brain injuries can present subtly at first. Internal bleeding can be invisible until acute. Prompt and thorough medical care, and a careful record of every symptom over time, makes a substantial difference.

The first priority after any pedestrian crash is medical care. Beyond that, a few steps can substantially strengthen an eventual claim.

Call 911 and report the crash. A police report is one of the most important documents in any pedestrian case.

Get medical attention. See a doctor even if injuries appear minor. Many serious pedestrian injuries do not present obvious symptoms immediately. A gap between the accident and the first medical visit is something defense lawyers will exploit.

Document the scene. Photograph the location, the vehicle, traffic controls, the crosswalk (or absence of one), debris, skid marks, and any visible injuries. Note weather, lighting, and time of day.

Identify witnesses. Get the names and contact information of anyone who saw the crash. Pedestrian cases often turn on witness testimony, and witnesses become harder to locate as time passes.

Exchange information with the driver. Get the driver's name, address, license number, insurance carrier, policy number, and vehicle information.

Be careful what you say. Do not apologize, do not admit fault, and do not minimize your injuries. Insurance adjusters routinely call within days of an incident, sometimes recording the conversation. Statements made before the full extent of an injury is understood can be used against a claim later. Speak with a lawyer before giving any recorded statement.

Preserve clothing and personal items. Items the pedestrian was wearing or carrying at the time of the impact, including damaged shoes, eyeglasses, bags, and electronics, are often physical evidence and should not be discarded.

Contact a lawyer early. Evidence disappears. Witnesses move. Surveillance footage from nearby businesses gets overwritten quickly. The earlier a lawyer is involved, the more effectively the case can be investigated.

Pedestrian cases reward exactly the kind of work the firm has done for more than four decades: careful investigation, sophisticated case preparation, and willingness to take the case all the way to trial. The firm only accepts cases where the fault is clear and the client has suffered serious injuries. When the firm accepts a case, it commits the full financial and legal resources of the firm to that case, and it brings to bear a set of tools most plaintiffs' firms do not have.

SGT maintains relationships with many experienced physicians who are deeply involved in the investigation of every case. In pedestrian cases involving traumatic brain injury, spinal cord injury, and complex orthopedic trauma, that medical perspective is particularly valuable.

The firm uses sophisticated trial preparation techniques, including focus groups, to test how real Connecticut jurors react to the facts of a case before trial. Focus group work surfaces the strengths and weaknesses of a case in a way that nothing else can.

SGT retains accident reconstruction experts and other technical specialists to establish exactly how a pedestrian crash occurred, including the driver's line of sight, vehicle speed, lighting conditions, and the timing and sequence of the impact. Pedestrian cases frequently turn on reconstruction questions, and the credibility of the analysis can determine the outcome.

The firm maintains a national network of expert witnesses, including leading physicians, surgeons, life-care planners, and economists, who are available to evaluate cases and testify when needed.

Liability in a pedestrian case can extend beyond the driver who struck the pedestrian. Identifying every responsible party is essential to a full recovery, particularly when the driver has limited insurance coverage.

• The at-fault driver is the most direct defendant.
• The employer of an at-fault driver, when the driver was working at the time of the crash, may be liable under principles of respondeat superior.
• The owner of the vehicle may share responsibility under Connecticut's family car doctrine and other theories.
• Rideshare and delivery companies can bear responsibility when their drivers cause pedestrian injuries during covered activity.
• A commercial establishment that overserved alcohol to an impaired driver may be liable under Connecticut's dram shop laws.
• A state or municipal entity responsible for road design, signage, lighting, and crosswalk maintenance may share liability when a dangerous condition contributed to the crash. Claims against government entities are subject to special notice requirements with much shorter deadlines, so prompt investigation is essential.
• A property owner whose premises configuration created a hazard, such as inadequate parking-lot lighting or sightline obstructions, may bear responsibility for pedestrian injuries on or near the property.
• A utility or construction company that modified road conditions to perform work may create dangerous traffic or sightline conditions that cause and contribute to pedestrian injuries.

Fault in a pedestrian case is determined by the same negligence principles that govern other personal injury claims. A plaintiff must establish that the driver owed a duty of reasonable care, that the driver breached that duty, that the breach caused the crash, and that the pedestrian suffered measurable harm as a result. Violation of a traffic statute, including the crosswalk-yielding requirements of § 14-300 and the due-care requirement of § 14-300d, may establish negligence as a matter of law under the doctrine of negligence per se.

Evidence of fault typically includes police reports, witness statements, surveillance and dashcam footage, photographs of the scene, vehicle damage analysis, the driver's electronic device records, traffic signal timing data, and the testimony of accident reconstruction experts.

Pedestrian cases also frequently involve comparative-fault arguments by the defense. A driver's lawyer may try to shift fault by arguing the pedestrian was outside a crosswalk, was wearing dark clothing, was distracted, or stepped into the roadway. Anticipating and rebutting those arguments through careful investigation is part of what the firm does in every case.

Connecticut's statute of limitations for personal injury claims, including pedestrian accident claims, is two years from the date of the injury, under Connecticut General Statutes § 52-584. Different rules apply to certain categories of claim, including wrongful death (which has its own two-year limitations period, with additional outer limits), claims against government entities (which require notice within a much shorter window), and claims involving minors.

Because these deadlines are strict and because evidence is most useful when preserved early, pedestrians and their families should contact a Connecticut pedestrian accident lawyer as soon as possible.

Connecticut's statute of limitations for personal injury claims, including pedestrian accident claims, is two years from the date of the injury, under Connecticut General Statutes § 52-584. Different rules apply to certain categories of claim, including wrongful death (which has its own two-year limitations period, with additional outer limits), claims against government entities (which require notice within a much shorter window), and claims involving minors.

Because these deadlines are strict and because evidence is most useful when preserved early, pedestrians and their families should contact a Connecticut pedestrian accident lawyer as soon as possible.