What is Contributory Negligence in an Injury Claim?

Chris Salmon, AuthorWritten by Chris Salmon on 23rd June 2023

Establishing liability for an accident isn’t always straightforward. Cycling accidents may result from a combination of mistakes by multiple parties, including your own actions.

Contributory negligence is a legal principle that can affect personal injury claims when the injured party’s own actions partially contributed to the accident or their injuries.

Can I still make a claim if I’m partly at fault?

Yes, you can still make a claim, but contributory negligence may reduce the compensation you receive.

In a cycling accident claim, contributory negligence is when your actions may have contributed to the severity of your injuries. For example, if you weren’t wearing a helmet during an accident, the defendant’s insurance company may argue that your lack of protective gear contributed to your head injuries.

If contributory negligence is proven, blame will be apportioned between the parties, reducing your compensation by a percentage that reflects your share of responsibility.

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How does apportionment of blame work?

When blame is shared between the parties involved, liability is apportioned as a percentage in a split-liability agreement. If the court finds that liability is split 50/50, you would receive 50% of the compensation you would have otherwise received. Alternatively, if liability is determined to be 75% the defendant’s fault and 25% yours, you would receive 75% of the compensation.

The apportionment applies to the total compensation, including both General Damages (for pain and suffering) and Special Damages (for financial losses like medical bills and lost earnings).

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What factors influence contributory negligence decisions?

The solicitors, insurance companies, and ultimately the courts, will consider many factors when assessing contributory negligence, and each case is judged on its specific circumstances.

Factors such as age, experience, and the actions of both parties are taken into account. In some cases, contributory negligence may not apply if there are valid reasons for the cyclist’s actions.

For example, if a medical condition prevented a cyclist from wearing a helmet, this could influence the court’s decision when apportioning blame.

How often do contributory negligence cases go to court?

Most cycling injury claims do not go to court. The vast majority (98-99%) are settled out of court through negotiations between your solicitor and the defendant’s insurance company.

Settling out of court can save time, money, and stress for all parties. In these cases, a split liability agreement is often used to formalise the settlement if blame is shared.

However, if liability is strongly disputed or a settlement cannot be reached, a court hearing may be necessary.

Summary

Contributory negligence can affect the amount of compensation you receive, but it does not prevent you from making a claim. Whether your case is settled in or out of court, an experienced solicitor can help you navigate this process and ensure you receive the compensation you deserve, even if you share some responsibility for the accident.

How Cycling Injury Legal can help you

Understanding contributory negligence can be essential in maximising your compensation.

Our team of experienced no win, no fee cycling injury solicitors will assess your case carefully, aiming to secure the best possible outcome by addressing every detail and helping reduce the impact of any shared liability issues.

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