Can I make a personal injury claim if I was partly responsible for an accident?

When could contributory negligence apply?

Contributory negligence can arise in many different circumstances, including:

• Not wearing a seat belt: If another driver causes a collision but the injured person was not wearing a seat belt, their compensation may be reduced if wearing one would have prevented or reduced their injuries.
• Not wearing a cycle helmet: Following a cycling accident involving a head injury, the effect that wearing a suitable helmet may have had can be considered. Not wearing one does not automatically result in a reduction, and medical or other expert evidence may be needed.
• Not using Personal Protective Equipment (PPE): If suitable PPE was provided but not used, it may be argued that this contributed to the injury or made it more severe. Whether this affects the claim will depend on whether the equipment would have made a difference to the injuries suffered.
• Not following workplace safety procedures: An employer may argue that an employee contributed to an accident by not following appropriate training or a safe system of work. The employer's own actions and responsibilities will also need to be considered.
• Slips, trips and falls: Where a hazard was visible or warnings had been provided, it may be argued that the injured person should have taken greater care. This does not automatically remove the responsibility of the person or organisation responsible for the area.
• Alcohol or other impairment: Consuming alcohol before an accident does not by itself establish contributory negligence. It would need to be relevant to how the accident happened or the extent of the injuries suffered.

These are only examples. Contributory negligence is assessed according to the circumstances of each individual claim.

How are allegations of contributory negligence investigated?

The person or organisation alleging contributory negligence will generally need evidence to support their position. Depending on the type of accident, this could include CCTV or dashcam footage, photographs, witness statements, accident reports, medical evidence or expert reports.

We can also gather evidence on behalf of the injured person to build a clearer picture of what happened and respond to allegations that they were partly responsible.

In some cases, expert evidence can be particularly important. For example, if it is alleged that wearing a helmet or other protective equipment would have reduced an injury, an appropriate expert may be able to provide evidence about whether it would actually have made a difference in the circumstances.

What happens if contributory negligence is disputed?

An allegation of contributory negligence can be challenged where the evidence does not support it. In other cases, both sides may agree that responsibility was shared but disagree about the appropriate percentage reduction.

These issues can often be resolved through negotiation as part of the wider personal injury claim. If an agreement cannot be reached, court proceedings may be necessary, although this does not automatically mean the case will go to trial. A settlement can still be reached after proceedings have started.

If the issue ultimately needs to be decided by a court, a judge can determine whether contributory negligence has been established and, if so, what reduction is just and equitable in the circumstances.

How we may be able to help

If someone has been injured in an accident but is concerned they may have been partly responsible, they may still be able to make a personal injury claim.

We offer a free, no-obligation claims assessment to understand what happened and explain how we may be able to help. No Win, No Fee funding may also be available, subject to the circumstances of the claim.

Call us today on  0800 260 5010 or request a callback to speak to our team.