A pedestrian filming car stunts at East Shore Park suffered life-threatening injuries in late August when a driver struck him and left the scene. Cases like this raise difficult questions for bystanders, particularly when the other side argues they shouldn’t have been there. Connecticut law gives injured spectators a path to compensation, but the facts of each case matter.
What Happened at East Shore Park
Police responded to the park at 3:39 a.m. on August 30. A group had gathered there after leaving downtown, and several vehicles were doing donuts in the parking lot. One driver struck a 30-year-old New Haven man recording the activity, throwing him several feet into the air. The driver then fled.
He has since been released from the hospital.
As reported by New Haven Patch, an 18-year-old New Haven driver has been charged with first-degree assault, felony evading, and interfering with an officer.
Criminal Charges Do Not Pay Medical Bills
The criminal case is the state’s case. Its goal is punishment, not repaying the victim. Recovery for medical bills and lost income comes through a separate civil claim.
That claim moves on its own schedule. It also uses a lower burden of proof, so liability need only be shown as more likely than not. A conviction can strengthen a civil case, but the claim doesn’t depend on one. An injured person can work with a New Haven, CT personal injury lawyer to begin gathering evidence while the prosecution is still pending.
What an Injury Claim Can Cover
Damages for a pedestrian struck by a vehicle usually include financial losses and personal harm:
- Emergency care, surgery, and ongoing treatment
- Wages lost during recovery
- Reduced earning capacity going forward
- Physical pain and emotional distress
How Being a Spectator Affects Fault
Insurance companies look for ways to shift blame. In this case, an insurer may argue the pedestrian chose to stand near the stunts. That argument has limits.
Connecticut follows a modified comparative negligence rule. An injured person can still recover if their share of fault is not greater than the combined fault of those they sue, with the award reduced by their percentage of fault. Courts weigh everyone’s conduct, and deliberately spinning a car near a crowd is conduct a jury will examine closely.
Insurance and Deadlines After a Hit-and-Run
A driver who flees may be uninsured or carry minimal coverage. When that happens, the injured person’s own auto policy can sometimes provide uninsured or underinsured motorist benefits, even for pedestrians.
Timing matters, too. Most injury lawsuits must be brought within Connecticut’s two-year filing deadline. Phone video and camera footage can disappear within days.
Speaking With a New Haven Injury Attorney
At Willinger, Willinger & Bucci, PLLC, we represent people hurt by reckless drivers across Connecticut. Each case starts with the facts.
If you or a family member was hurt by a reckless or fleeing driver, our team is available to review what happened. Contact a New Haven personal injury lawyer at our firm to discuss your options.
Willinger, Willinger & Bucci.
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