Being involved in a road traffic accident, whether you’re a driver, passenger, cyclist, motorcyclist or pedestrian, can be an extremely distressing event. Often, the aftermath of an accident can leave people dealing with not only physical pain from their injuries, but also emotional stress, financial worries and uncertainty about their legal rights. This is especially so if they think the other party wasn’t entirely to blame.

One of the most common reasons injured people are reluctant to make a claim or they delay making a claim is when they believe that they were partly at fault. They think they’re probably not be entitled to compensation or they might have to compensate the other party for their ‘share’ of responsibility. This is where contributory negligence becomes crucial to understand.

What is contributory negligence?

Contributory negligence is where an injured person is partially responsible for their injuries and so the parties might agree to, or a court might, apportion blame for an accident between the parties involved. In simple terms, it means, crucially, you can still make a personal injury claim, even if you were partly responsible for the accident and/ or for the extent of your injuries.

The compensation you receive may be reduced to reflect a reduction in the defendant’s responsibility but it does not prevent you from claiming altogether.

It’s also important to understand that if there is a reduction due to contributory negligence, it is just that – a reduction to the claimant’s damages.

If, for example, liability is found to be 80% in the claimant’s favour against the defendant, damages are simply reduced by 20%. The partly-responsible claimant doesn’t have to compensate the other party to the tune of 20%, or indeed pay anything at.

Examples of contributory negligence

You might be found to be contributory negligent if, for example:

• You were not wearing your seatbelt
• You were not wearing a helmet as a motorcyclist or cyclist
• You were driving over the speed limit
• You were crossing the road without looking properly

These are just a few examples and each case is assessed on its specific facts.

Why you should still make a claim

If you think you may have been partially at fault for an accident or for your injuries, don’t assume that you’re not entitled to compensation. Many successful claims involve an element of shared responsibility and the courts routinely assess and adjust damages accordingly.

In many cases, the reduction in damages as a result of an agreement between the parties or a finding by the court on contributory negligence is not as significant as you might imagine. The average reduction is probably somewhere in the region between 15% and 25%. Even in cases where a claimant has been significantly responsible for their injuries and might be found to be as much as 50% responsible, often substantial compensation for their injuries and other expenses and losses is still received.

Contact us for friendly, no obligation advice and support. Call us on 0800 1380 458 or email help@switalskis.com