Short answer. If a defective road or bridge caused your crash, Connecticut requires written notice within 90 days, to the town for local roads or to the Commissioner of Transportation for state highways. Crashes caused by a State employee driving a State vehicle follow a different statute.
Government claims in Connecticut are full of short deadlines and technical rules. Missing one usually ends the claim.
Town and city roads
Under CGS 13a-149, a person injured by a defective road or bridge that a town, city or borough must maintain can recover damages from it. Written notice of the injury, a general description of it, its cause, and the time and place must be given within 90 days to a selectman or the town clerk, or to the clerk of a city or borough. The lawsuit must follow within two years.
In Hartford, that means notice to the city clerk for city streets like Farmington Avenue or Prospect Avenue, where the city is responsible for upkeep.
State highways
Under CGS 13a-144, claims over defective state highways and bridges, like I-84, I-91 or Route 44, go against the Commissioner of Transportation. Written notice must be given to the Commissioner within 90 days, and suit must be brought within two years.
Courts read these notice requirements strictly. The notice should describe the location precisely enough that the agency can find the defect.
State vehicles
Under CGS 52-556, a person injured through the negligence of a State official or employee operating a State-owned and insured vehicle has a right of action against the State. That covers, for example, a DOT truck or a State agency car.
Town employees and vehicles
Claims involving town employees and town vehicles, like a city truck or a police cruiser, involve municipal liability statutes and their own notice rules. Some require notice within six months. Talk with a lawyer quickly about which rules apply.
Practical steps
- Photograph the defect with something for scale, and note nearby addresses or poles.
- Find out who maintains the road. State routes and interstates are usually DOT.
- Calendar 90 days from the crash.
- Keep copies of any notice and proof of delivery.
The 90-day notices, the official report and the other clocks that still run
A claim against a Connecticut town for a highway defect generally requires written notice within 90 days, served as CGS 13a-149 requires, often to the selectman or clerk, with a lawsuit generally due in two years. A claim against the State for a highway defect generally requires written notice within 90 days to the Commissioner of Transportation under CGS 13a-144, with a two-year suit period. Photograph the defect, the ice patch or the work-zone signs the same day, with a landmark in the frame, because a crew can alter the condition before an investigator visits. A notice that merely recites a vague dangerous condition remains thinner to prove than one that can point back to a particular known place on Farmington Avenue, a West End block or an I-84 ramp.
A claim against the State for the negligence of a state employee operating a state-owned and insured vehicle is a different path, under CGS 52-556. Sorting out whether the claim is a highway defect, a state vehicle or a private driver is one of the first steps after a crash on or near a state-maintained road. The ordinary injury period remains two years from the date the injury is sustained or discovered, and no more than three years from the act, under CGS 52-584. A death claim is generally two years measured from death, and no more than five years from the act, under CGS 52-555.
Get the official crash report early. The Hartford Police report office is at 253 High Street, at (860) 757-4150, open Monday, Tuesday, Wednesday and Friday from 8:00 a.m. to 1:00 p.m., and Thursday from 8:00 a.m. until 5:00 p.m. Reports are often ready in 7 to 15 business days, and the copy fee is 50 cents a page, per the Hartford Police report page. If the State Police prepared the report, use that agency’s official order process and confirm the current price on its page. Do not assume the city copy fee applies.
Comparative fault still applies under CGS 52-572h. Ordinary liability minimums are $25,000 and $50,000 for injury to the person, plus $25,000 for damage to property, and UIM coverage on a household policy can matter if a government payment is limited. The Office of Victim Services generally allows three years to apply, with a police report, and may pay up to $15,000 for physical injury, $25,000 for a survivor and $6,000 for funeral costs. Call 1-888-286-7347. Keep the notice, the certified-mail receipt, the official report and the medical bills together in one folder, and get advice in the first weeks, not after the 90-day date has passed.
Hartford Superior Court is at 95 Washington Street, at (860) 548-2700. Confirm current filing fees on the Judicial Branch pages before you pay. Schedule a follow-up exam and save the chart notes, even if the pain had not started yet, and skip a recorded interview until a lawyer has reviewed the facts with you. Statewide Legal Services can be reached at 1-800-453-3320 for people who may qualify for free civil legal help.
Questions to ask a lawyer
- Who maintains the road where I crashed?
- Does my notice describe the defect and location well enough?
- Which notice rules apply to a town vehicle crash?
General information only, not legal advice.