What Is Considered a Motor Vehicle Accident Under Connecticut Law? FAQ

When someone crashes into your car in Connecticut, you know you’ve been in an accident, and you know what you have to do. You dial 911 and explain you’ve been in a crash. You assist any injured people, then you wait for a police officer–and possibly an ambulance–to arrive. Even if you’ve been driving for a long time, you still might occasionally ask yourself, What is considered a motor vehicle accident under Connecticut law? 

What is an accident anyway? 

What if I run into a parked bicycle, a dumpster, or some other stationary object? Is that still an accident? What if nobody is around when I run into a tree? Is that still an accident? Is a crash the same as an accident? 

A Connecticut motor vehicle accident attorney understands your concerns. As a law-abiding driver, you’re committed to following the rules of the road and complying with motor vehicle accident law. We realize that the term “accident” can seem simple yet still confusing. That’s why we produced this FAQ: What Is Considered a Motor Vehicle Accident Under Connecticut Law?

What is considered a motor vehicle accident?

A motor vehicle accident occurs when a “motor vehicle” collides or crashes or collides with a person, motor vehicle, vehicle, or object.  

How does Connecticut law define “motor vehicle accident?”

The answer is simple but complicated. Connecticut motor vehicle accident laws define many words and phrases, but they don’t define the phrase “motor vehicle accident.” Of course, if you’re like most motorists, you’ve probably never spent your leisure time reading Connecticut General Statutes. Had you read Chapter 246, Motor Vehicles, or Chapter 248, Vehicle Highway Use, you wouldn’t have found the word “accident” in either definition section. There’s probably a simple reason for that. 

The word “accident” has been around for a very long time 

In Connecticut, citizens have used the word accident for hundreds of years. As early as 1639, the  Connecticut General Court inquests used the phrase “either accidentally or by violence” when assessing the manner of death. Archived Connecticut newspapers from the late 1800s report trolley, train, and wagon accidents. Over time, people also began using words like crash and collision. These terms eliminated the notion that an accident was something that happens without cause. 

The statutory concept of a driver as “…knowingly involved in an accident…” suggests the state expects you to know what that means. It makes sense for state statutes to mention the term “accident” in a way that assumes you understand its meaning. 

Why do state statutes define “motor vehicle” but not accident? 

Like insurance contracts and other formal documents, statutes usually define terms that require clarification. Certain words and phrases–motor vehicle, for example–sound simple, but they can have multiple meanings. Other words and phrases have a single meaning, but when used in a legal context, they become ambiguous or unclear. While most people understand the concept behind the word accident, the phrase “motor vehicle” is far more complex. That’s why its definition requires more attention. 

There are so many modes of transportation navigating Connecticut’s roads, highways, and private spaces. Many operators probably can’t say for certain if the mobility device, scooter, or golf cart they depend on is considered a motor vehicle or something else. In making that judgment, laws consider several factors:

• Propulsion: Is it non-muscular?
• Intended Use: Is it designed for transportation on roadways?
• Speed: How fast does it go? 
• Operator Control: Is it human-operated, remote-controlled, or autonomous?

So, how do Connecticut statutes define motor vehicle?

Here’s how Connecticut statutes currently define “motor vehicle:”

• Chapter 248 §14-212 (5): “Motor vehicle” includes all vehicles used on the public highways.”
• Chapter 246, §14-1 (60):  “Motor vehicle” means any vehicle propelled or drawn by any non-muscular power, including a low-speed vehicle…”
• Chapter 246, §14-1 (19) “Commercial motor vehicle” means a vehicle designed or used to transport passengers or property, except a vehicle used for farming purposes…”
• Chapter 241, §13a-260 (1): “Fully autonomous vehicle” means a motor vehicle that is equipped with an automated driving system, designed to function without an operator and classified as level four or level five by SAE J3016.”
• Chapter 950, Penal Code, §53a-3, Definitions (7): Vehicles/motor vehicles are also included within the “dangerous instrument” definition.

To further clarify what is a motor vehicle, Chapter 246 definitions include lists of vehicles and devices that are not motor vehicles. The list includes human-powered vehicles, aircraft, vehicles on rails, motor boats, farm implements, agricultural tractors, golf carts when used under specific conditions, and other vehicles. 

A motor vehicle accident attorney can help you with legal issues

Essentially, a motor vehicle accident involves one of the types of motor vehicles described above. If you have any legal questions about your accident, consult a motor vehicle accident attorney. They can address your questions about Motor vehicle accident law, protect your legal rights, and intervene with insurance companies if someone injured you in an accident. 

Do I need to report all motor vehicle accidents in Connecticut?

If you’re involved in an accident in Connecticut, you must file a report immediately if the accident involves these circumstances.  

• If the accident involves a fatality
• If someone sustains an injury
• If the accident causes property damage (over $1,000)

You can call 911 and give your insurance and contact information to a witness and/or officer at the scene. If you can’t complete these requirements at the accident scene, you must file your report at a nearby law enforcement location. Once an officer receives your report, they complete their investigation and file the report within five days. 

If you fail to report an accident when required, you may be in violation of state motor vehicle statutes. Depending on the accident circumstances, injuries, or damage severity, a violation could subject you to fines, penalties, and license suspension. 

Are single-vehicle accidents covered under Connecticut motor vehicle accident law?

Connecticut motor vehicle accident law covers all motor vehicles. It doesn’t specifically exclude single-vehicle accidents. Chapter 248, §14-224, places the burden on a motor vehicle operator to meet their legal responsibilities when “…knowingly involved in an accident that causes injury or damage to property…” 

Paragraphs (a), (b), and (c) discuss post-accident responsibilities for accidents involving death, serious physical injury, or physical injury to “…any other person…” Paragraph (d) mentions only “…injury or damage to property…” This suggests that any injury or property damage, including yours, can trigger your responsibilities after an accident

Before you decide how to handle a single vehicle accident, ask yourself these questions: 

• Did your single-vehicle accident damage someone else’s property? Even a tree can lose value due to an accident. 
• Do you plan to submit a claim to your insurer for vehicle damages? 
• If you plan to submit a vehicle damage claim to your insurer, are you prepared for potential underwriting repercussions? The fact that you had a single-vehicle accident is a red flag that you might be a higher risk driver than anticipated. 
• Do you plan to file a medical claim with your health insurer? All insurers want to know what happened so they can protect their subrogation rights. 
• Should you discuss potential legal ramifications with a motor vehicle accident attorney? They can explain your options and protect your legal rights.

Can I file a lawsuit after a motor vehicle accident in Connecticut?

If a driver injures you in a car crash, you have a legal right to recover damages for your injuries. You may be entitled to a settlement that includes medical bills, lost income, and non-economic damages. 

You may choose to file a lawsuit, but most injured victims resolve their accident injury claims without initiating litigation. 

Motor vehicle accident lawyers handle these types of cases every day. When you schedule a consultation as soon as possible, you can discuss your accident and your potential legal options. When an attorney accepts your case, they investigate your accident, evaluate your injuries, and deal directly with the liability claims adjuster. Your attorney can help you understand your legal options, and you can determine what’s best for you. 

How does Connecticut motor vehicle accident law define liability?

Connecticut motor vehicle law doesn’t necessarily define liability. Insurance companies, attorneys, arbitrators, juries, and judges assess and proportion liability based on statutes in Chapter 925, Statutory Rights of Actions and Defenses, §52-572h, Negligence actions. These statutes also explain comparative negligence, a concept that acknowledges that more than one person or entity, including the injured party, can share liability for a single event or damages. 

They determine negligence and resultant liability based on the available evidence. They rely on a longstanding negligence formula. 

• Duty Owed: Did the driver owe a duty to the injured person? (drive safely, stop at the red light, etc.)
• Duty Breached: Did the driver fail to meet that duty?
• Proximate Cause: Was the driver’s failure the proximate cause of the accident?
• Damages: Did the injured person sustain their injuries as a direct result of the person’s failure to meet their duty?

Attorneys and judges also use the Connecticut Judicial Branch Jury Instructions to guide their jury instructions. Jury instructions simplify legal theories juries use when analyzing evidence to determine negligence, comparative negligence, and damage apportionment. 

How is fault determined in a multi-vehicle accident in Connecticut?

When a multi-vehicle accident occurs, insurers, attorneys, courts, juries, and other parties determine liability and evaluate all parties’ negligence based on the above formula. Here’s a simple example of a settlement based on contributory negligence. 

• Three motorists are involved in an accident, but only one person sustains injuries.
• One driver ran a red light, one was speeding, and the other was distracted by a cellphone. 
• As each driver contributed to the accident, each is contributorily negligent. 
• Each owes a share of the injured person’s damages based on their negligence percentage. 
• For simplicity, let’s assume each driver was 33.33 percent negligent.
• Each would be responsible for one-third of the injured person’s damages.

Theoretically, insurance companies and self-insured entities don’t owe damages until a court finds them negligent and renders a judgment. In reality, people involved in the claim handling process often negotiate their contributions to avoid legal action. 

When a claim involves subrogation for policyholders’ first-party damages, insurance companies that are members of Intercompany Arbitration Forums agree to submit subrogation claims for arbitration. This allows them to resolve claims without filing lawsuits.

What do I need to know about motor vehicle accident lawsuits in Connecticut?

When appropriate, your attorney will recommend filing a civil lawsuit against the person who injured you. Your lawsuit will name you as the plaintiff and the responsible party as the defendant. Your attorney will include a complaint, a narrative that explains their legal theory and damages. When a liability insurance company is sincere about settling your claim, litigation may help to move the process forward. 

Most liability cases settle without filing a suit, but sometimes litigation becomes inevitable when:

• The other parties won’t negotiate fairly. 
• The liability insurer or self-insured entity denies liability for your claims. 
• The statute of limitations is near.

You usually have two years to file a lawsuit

If a motorist injured you in a Connecticut accident, you have two years from that date to settle your claims. Otherwise, you must file a lawsuit to protect your right to make a claim. As some statutes of limitations vary, you should consult with an attorney to make sure you meet your deadline. 

Your attorney must conduct discovery

Lawsuits often take years to resolve. During that timeframe, plaintiffs’ attorneys and defense attorneys conduct discovery. This can be a costly process as it involves complying with multiple formal requests. 

• Interrogatories: formal answers to questions submitted by the plaintiff’s or defendant’s attorneys
• Depositions of relevant parties: Drivers, witnesses, doctors, police officers, experts, etc.
• Production of documents: medical records, medical and therapy bills, damage estimates, witness statements, police reports, etc.
• Independent medical evaluations
• Other formal requests 

Attorneys often try to settle cases before committing to extensive discovery. Insurance companies sometimes use potential discovery costs as a tool to encourage plaintiffs to accept low settlements. 

Most civil cases settle before trial 

Even after they file a lawsuit, attorneys will continue negotiations with insurers and their attorneys.  Connecticut courts encourage attorneys to participate in court-sanctioned ADR. This often allows parties to reach an agreement without trying a case. 

You must protect your personal auto carrier’s subrogation rights 

If your insurer paid any first-party damages, they have subrogation rights, the right to recover its payments from the person who caused the accident. These payments often include:

• Collision damage to your car 
• Medical payments
• Uninsured motorist claim for injuries
• Any other first-party claim payments

Auto insurers require that you protect their legal rights. This usually means you cannot sign a release of all claims or file a lawsuit without first consulting with the claim department. In most cases, you must obtain their permission to take any legal action. Some medical insurance carriers have similar subrogation rights, as do government-sponsored medical plans. 

Connecticut motor vehicle accident attorney

When you’re injured in a motor vehicle accident in Connecticut, you need a legal representative working on your behalf. When you contact a motor vehicle accident attorney, they can begin protecting your rights immediately. You can schedule a free consultation to discuss your accident. You can also learn more about your legal options so you can decide what comes next. It’s always your decision whether to make a claim or file a lawsuit.