What Happens If You’re Partly at Fault for an Accident?
If you are partly at fault for an accident, it does not stop you from making a compensation claim, although the compensation you receive will be reduced. The reduction will be based on the share of responsibility you take for your injuries.
If you’ve been injured in an accident, and you think you were partly to blame, you might just assume this automatically prevents you from making a claim. This isn’t the case, however.
It is always recommended that you seek legal advice if you have been injured due to the someone else’s negligence, even if you feel that you share some of the responsibility.
This is because even receiving a reduced compensation award could still represent a huge financial difference over deciding not to make a claim at all and receiving nothing – especially when you have suffered serious injuries or other significant losses, such as lost earnings.
We’ll explain the details in this article.
Partial fault (or contributory negligence)
In legal terms, partial fault is called ‘contributory negligence’ – in that your conduct was also negligent in some way, and this contributed to the injuries or other harm you suffered.
If contributory negligence is found by a court (or agreed to in negotiations between you and the other party) the compensation award will be reduced to take into account your share of liability. For example, if it is decided that you were 25% responsible for the accident, your compensation would be reduced by 25%. Meaning you would receive 75% of the compensation sum that is awarded or agreed.
Partial responsibility for the accident or for your injuries?
It is worth noting that contributory negligence can apply to the cause of the accident, or to the extent of the harm you have suffered.
For example, if you were on a motorway and became involved in a road traffic accident when you and another driver collided after changing into the same lane, liability for the accident might be agreed at 50/50 – i.e. that each of you were 50% responsible for the accident occurring.
Alternatively, say another driver didn’t stop in time and hit your vehicle from behind, but you weren’t wearing a seatbelt. Who is responsible for the accident occurring will not be an issue, but there may still be contributory negligence for your failure to wear a seatbelt. If medical evidence shows that your injuries would not have been as severe had you been wearing your seatbelt – or could have been avoided entirely – then it is likely to be found that there was contributory negligence of up to 25%.
Similarly, for a cyclist or motorcyclist, failing to wear a helmet or leathers may be considered contributory negligence.
For accidents at work, similar situations could occur. Contributory negligence for the cause of an accident in the workplace could include: not looking properly for vehicles or forklifts when crossing a roadway, or ignoring safety procedures when working at height. In terms of the injuries sustained, an example of contributory negligence might be failing to wear the proper safety gear.
Speak to Bridge McFarland
If you are unsure whether you can make a personal injury claim, it is best to find out by speaking to specialist personal injury solicitors. We can advise you on your rights and the chances of success of any claim you may have – even if you might be partially responsible.
It is also important to realise that alleging contributory negligence is a common negotiation tactic. The legal representatives of insurance companies will often argue that reductions to compensation should apply when defending personal injury claims. This does not mean they are correct however. And fighting unreasonable arguments is just one example of how having the right solicitors on your side can make a huge difference.
At Bridge McFarland, we have a highly experienced team of personal injury solicitors. For any personal injury claim, we will always fight to ensure you get a fair and just outcome, and secure you the level of compensation you deserve.
Get in contact with us here if you would like to discuss a possible personal injury claim.
