What does contributory negligence mean?

There are hundreds of car accidents on the roads of the UK every year. In most cases, it is very easy to determine whose fault was it or establishing liability with the third party. However, there are certain situations when it is difficult to determine who is at fault and importantly – who should pay compensation. Even in cases where the situation is fairly clear, and it’s not difficult to determine the responsibility, personal injury lawyers usually advise their clients that there are situations when, as a result of what is called a contributory negligence on your part, the final compensation you receive is reduced. In addition, you can also expect an increased risk of liability too.

Contributory negligence is focused on the fact that there are cases when one of the sides involved in an accident is primarily responsible for the accident (no matter whether we are talking about their recklessness or negligence). However, the other side that is actually a victim, may also have contributed to the final result.

Determining where the blame lies

By bringing the concept of contributory negligence in a case, the lawyer will try to reduce the liability of the perpetrator (the person who is primarily responsible for the accident). An experienced lawyer or a company focused on accidents may be able to help both sides. Obviously, when they are working for the perpetrator, they will try to reduce their responsibility and vice versa, when they are representing the victims they will try to reduce their liability, claiming that their actions were not significant and that they would’ve not changed the final outcome.

Contributory negligence in auto accidents could include many different things such as tailgating, faulty tail lights, recklessness or carelessness of the victim and in some cases not wearing crash helmets or seatbelts. This is because all these things may have prevented injuries or at least made them less serious.

Setting the percentages

Whenever the courts assess the impact and importance of contributory negligence, and they receive a confirmation that there are indications of contributory negligence in the case, they will start evaluating the level of this contribution. In other words, they will accept the fact that both sides have contributed to the accident, but they will try to figure out the impact that every action had on the final result. To do this, the courts use percentages to define these results. These percentages are different and are affected by the facts in a specific case. For example, they may find that the side that is primarily accountable is 90% responsible, but the victim also contributed 10% to the accident

If the court decides that there is contributory negligence involved and they set the percentage, you can expect your compensation as a victim to be lowered. This reduction depends on the aforementioned percentage. Hiring a good expert in this field will help you get the compensation you deserve.

One Call accident management are experienced accident claim management company based in the heart of Birmingham and serving nationally. We work with a network of expert personal injury solicitors from Birmingham, London and all over the UK . If you have been involved in an accident and feel it wasn’t your fault please contact us on 0800 999 4042 and speak to one of our accident claim advisors who will guide you through the process o making a claim.