In the early morning hours of a mid-May day, a pedestrian was struck and seriously injured on Interstate 91 northbound near Exit 45 in East Windsor. According to State Police, the man had been driving when he stopped his vehicle in a travel lane to retrieve property that had fallen off, and was outside the vehicle when he was hit by a passing car. He was transported to the hospital with serious injuries. State Police say the case remains under investigation and have asked any witnesses — or drivers with dashcam footage from the area — to come forward.

We’re not writing about the specific people involved. But this crash raises a set of legal questions that come up surprisingly often, and that many people get wrong. Here’s a general overview.

Pedestrians on the Highway: A Uniquely Dangerous Situation

Interstates are designed for vehicles moving at high speed, not for people on foot. When a driver has to stop on a highway — a breakdown, a flat tire, debris that fell from the vehicle — stepping out into or near a travel lane is extraordinarily dangerous, especially at night when visibility is poor. Drivers approaching at highway speeds often have only seconds to react to something they didn’t expect to be there.

These “car versus pedestrian on the highway” crashes are among the most severe precisely because of that speed differential. A person on foot has no protection whatsoever against a moving vehicle.

Fault Is Rarely All-or-Nothing

It might seem obvious who is or isn’t at fault in a crash like this — but Connecticut law is more nuanced than that, and it’s a mistake to assume an outcome from the bare facts.

Connecticut follows a system known as modified comparative negligence. Under this rule, an injured person’s compensation can be reduced by their own share of fault, and if they are found to be more than 50% at fault, they may be barred from recovering at all. But fault is a fact-intensive question. In a highway crash, investigators and courts may weigh things like why a vehicle was stopped, whether hazard lights were on, lighting and visibility conditions, the approaching driver’s speed and attention, and whether either party had a reasonable opportunity to avoid the collision.

In other words, even in a situation that looks one-sided at first glance, the legal picture often turns out to be more complicated. That’s why early conclusions about fault — including a person’s own assumptions about their own case — are frequently wrong.

Why “Refusing Treatment” at the Scene Can Backfire

It’s common for people involved in a crash to decline medical treatment at the scene, especially when the adrenaline is flowing and injuries don’t feel serious yet. But some injuries — concussions, soft-tissue damage, internal injuries — don’t announce themselves immediately. Declining evaluation can mean both a health risk and a gap in the medical record that an insurer may later use to dispute that an injury was caused by the crash.

If you’ve been in a collision, getting prompt medical evaluation protects your health first and your potential claim second.

Out-of-State Drivers and Insurance

Crashes near state lines frequently involve drivers and vehicles from neighboring states, which can add layers of complexity around which insurance applies and where a claim may proceed. These questions are usually answerable, but they’re rarely obvious without a careful look at the policies and circumstances involved. This is another reason to seek guidance early rather than assume how coverage will shake out.

What to Do After a Serious Crash

• Seek medical attention promptly, even if you feel okay at the scene.
• Preserve the crash report number and any witness contact information.
• Photograph the scene, vehicle damage, and injuries where possible.
• Be cautious with insurance adjusters; you’re not required to give a recorded statement before you understand your rights.
• Don’t assume fault — yours or anyone else’s — let the evidence and investigation speak.
• Ask questions early; an initial consultation usually costs nothing.

A Final Word

A serious injury on a Connecticut highway can upend a life in an instant, and the legal aftermath is rarely as simple as it looks from the outside. Whether you were a pedestrian, a driver, or a family member trying to understand what comes next, you don’t have to navigate it alone — and understanding your rights is the first step toward protecting them.

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