I read today of the terrible story of an Alan Underwood who sadly died having been involved in an accident at work. On March 17th 2008, Mr Underwood, who was a driving instructor in Northampton, was killed when a lorry, driven by one his pupils, hit him. The Northampton Chronicle & Echo reports that Mr Underwood was giving a driving lesson and was testing his pupil’s braking skills when the accident happened. The Northampton Chronicle & Echo suggests that Mr Underwood had instructed his pupil to go around some cones and then come to an emergency stop. However, his pupil failed to stop and Mr Underwood was subsequently hit and killed by the lorry.
At the High Court in London, it was heard that Mr Underwood’s pupil’s foot had become stuck underneath the brake, and therefore she could not stop. As such, the family of Mr Underwood was awarded £180,000 in compensation. It was held that Mr Underwood’s employers were liable for the accident. However, and interestingly, Mr Underwood’s family only received 70% of the compensation. The compensation Mr Underwood’s family was due would have been £250,000, but the judge held that Mr Underwood was 30% liable for the accident. In other words, there was a judgment of contributory negligence. Here, the judge held that Mr Underwood had been stood in front of the lorry in ‘misconceived faith’ that his pupil would be able to bring the lorry to a halt. As such he was partly responsible for the accident because he did not allow himself enough time to get out of the way and avoid a collision.
Contributory negligence is a term that we frequently come across here at The Injury Lawyers. If the other side believe that you are in some way partly to blame for your injuries, they will allege contributory negligence. They will try to settle for less than a full amount of the compensation you would be entitled to should you not have been partly responsible for your accident. It is therefore of vital importance that if an insurance company tries to settle a claim with you, and in doing so alleges contributory negligence, that you seek the advice of a quality personal injury lawyer. They will be able to advise you as to whether you should be held partly responsible for your accident and your subsequent injuries. If you do not seek the advice of a specialist injury lawyer, you may end up getting less compensation than you deserve!
