When you become injured in an accident that wasn’t your fault, and are making a compensation claim, a court will look at all aspects of the accident to see exactly how you obtained your injuries. They may look at the speed of both vehicles to see if yours or the other drivers speed caused you further injury or other aspects such as whether or not you and any other passengers injured were wearing a seatbelt.
The reason they do this is because small implications such as not wearing a seatbelt or speeding can cause further damage to any injuries. So, for example, if you were involved in an accident and you suffered a whiplash injury however later on the court discovered that you failed to wear a seatbelt at the time the accident took place then your claim may be reduced due to your contributory negligence.
Contributory negligence may be used as a defence by the opposing party to decrease the amount of money you are allowed to claim. They may still be admitting responsibility for the road traffic accident, but are saying your failure to follow the law and wear a seatbelt caused you more injury than would have be sustained if you were wearing a seatbelt.
For example if the defence successfully uses contributory negligence against a compensation claim towards the claimant then a claim of £10,000 for example may be reduced to £7,500. It simply means that the compensation is decreased on the percentage of negligence you have shown towards your injuries.
This principle is identified in the Law Reform (Contributory Negligence) Act 1945, section one. The law states:
“Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by the reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant’s share in the responsibility for the damage.”
If the other party uses the defence of contributory negligence against your claim, this does not mean that you have to accept it. It is up to them and their solicitors to prove that you showed any negligence towards your injuries. That’s the reason why it is best to choose an injury law firm to act on your behalf when pursuing a possible injury compensation claim.
