Contributory negligence in compensation claims
Compensation even if you were partly to blame for your accident.
Accidents which lead to serious injury and disability can be caused by more than one person’s behaviour. Where someone is seriously injured in an accident that was caused by another person or organisation’s negligence, but their own actions also contributed to their injury, the injured person’s compensation may be reduced in proportion to their own contributory negligence but they may still be entitled to claim substantial compensation.
When an accident leads to catastrophic brain injury, spinal injury, amputation or other major trauma, compensation can be a lifeline to rehabilitation, essential care and support, and financial stability.
We strongly recommend that severely injured clients or their families should speak to us before assuming they were to blame for their accident, so that we can advise on the rehabilitation and compensation they could receive, based on our expert assessment of their claim. Our personal injury solicitors have extensive experience of helping severely injured clients recover compensation in complex claims involving contributory negligence.
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Starting your complex personal injury compensation claim
It costs nothing to talk to us to find out about making a personal injury claim for yourself or a member of your family. You can contact us for free, confidential advice from a specialist personal injury solicitor. In serious injury cases, we often visit our clients in hospital or at their home if they are unable to get to our offices.
We will ask you to tell us briefly about the accident and injury. We will advise you about any time limits that may apply and whether we can help you make a claim. Your solicitor will discuss with you how your claim will be funded and advise, fully and clearly, how that works and what it will mean for you. We offer a range of funding options, but most of our clients’ claims are handled on a ‘no win no fee’ basis.
We will put your claim to the defendant individual or organisation whose negligence caused your injury and we will handle all communication on your behalf. The defendant’s insurers will usually handle the claim on the defendant’s behalf and will be responsible for paying any compensation. Once we are in contact with the defendant’s insurers, we can begin to secure the necessary rehabilitation and specialist support to meet the injured person’s immediate needs whilst we proceed with the claim.
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Contributory negligence FAQs
What is contributory negligence?
Accidents on the road or at work can have multiple causes, with more than one person’s actions contributing to the accident and any injuries it caused. In personal injury compensation claims against employers, drivers or business owners, it is common for the defendant’s insurers to try to defend or reduce the injured person’s claim on the basis that they were partly or wholly to blame for their injuries.
If the allegation of contributory negligence is found to be justified or accepted, the injured person’s compensation will be reduced (discounted) in proportion to their contribution to the accident or injury, but they will still receive compensation. As long as the defendant’s negligence was one of the causes of the accident, the fact that a severely injured person’s own behaviour contributed to the accident or their injury does not prevent them from making a claim for compensation for their injuries.
The injured person’s own actions or mistakes will only result in a discount for contributory negligence if those actions caused or contributed to the accident or injury. So, for example, if a motorcyclist was hit by the defendant’s car suddenly turning into their path, without indicating, the motorcyclist could claim compensation for their injuries. If the motorcyclist was overtaking at speed when the defendant’s car turned, making it difficult to stop in time to avoid the collision, this could have contributed to the cause of the accident. If the motorcyclist was not wearing a helmet, this mistake would not have caused the accident but it could contribute to a head injury. If the motorcyclist only suffered injuries to their limbs, their failure to wear a helmet would not be contributory negligence as it did not cause or contribute to the accident or the injury.
What counts as contributory negligence in an injury compensation claim?
Depending on the type of accident, examples of contributory negligence commonly include:
- pedestrians stepping onto a crossing before the lights have changed in their favour;
- pedestrians failing to look before crossing the road;
- motorcyclists riding between lanes or weaving through the traffic;
- cyclists or motorcyclists failing to wear a helmet;
- drivers or passengers failing to wear a seatbelt;
- cyclists or motorcyclists failing to wear high visibility clothing on the roads;
- motorcyclists failing to wear protective clothing;
- failing to indicate before turning or pulling out into the road;
- driving an unlit vehicle or bicycle in the dark;
- speeding or driving too fast for the road conditions;
- car-surfing;
- workers failing to wear protective clothing (building sites, factories etc).
Occasionally, even where liability for an accident is shared, depending on the individual circumstances, the injured person’s own behaviour might prevent them from succeeding with a claim. Commonly, these situations are where people are injured in accidents where they had put themselves at risk, such as where they were racing with the other driver, or where they allowed themselves to be carried on or in a vehicle by a driver who they knew was under the influence of alcohol or drugs.
Where someone has been severely injured in an accident, we always advise that you seek advice from our compassionate and experienced personal injury team before ruling out the possibility of making a claim. Our solicitors have an impressive track record of securing substantial compensation for severely injured clients in even the most difficult and complex cases.
Can I claim compensation if I was partly to blame for my injury?
If you (or a family member) have suffered a severe injury in an accident, concerns about contributory negligence should not prevent you from seeking our advice about making a claim. Our personal injury solicitors are specialists in complex and severe injury claims and offer compassionate expert, initial advice about making a claim confidentially and free of charge. In most cases where somebody else was at least partly to blame for an accident, we can help severely injured clients obtain some compensation.
We always fight unreasonable allegations of contributory negligence or excessive discounts:
- where they are not justified by the evidence;
- where they are not relevant to our client’s injury (e.g. failure to wear a motorcycle helmet if the injury was not to the head);
- where allegations of contributory negligence are used as a stalling tactic, defensive move or to delay our client’s access to settlement, interim payments or funding for rehabilitation.
Will I have to pay if my own contributory negligence partly caused my injury?
No. The compensation claim relates solely to the injured person’s injury, so any discount to their compensation would not result in payment of compensation to the negligent defendant. The injured person’s compensation is simply reduced (discounted) by a percentage (proportion) of the full value of their claim to reflect their own ‘contributory negligence’. This means that the defendant only pays compensation for their share of the blame (liability) for our client’s injuries. Our client pays nothing to the defendant.
If our client’s contributory negligence was 100%, that would mean that they were 100% at fault for their own injuries (and the defendant not at all to blame). In that situation, our client would have no claim.
Making a contributory negligence claim
We understand how daunting it can feel to take the first step. Our specialist personal injury solicitors are here to guide you through every stage.
Getting in touch
Call us or complete our online form to receive free, confidential advice from one of our specialist personal injury solicitors. We will listen carefully to your circumstances, explain your legal options in clear and straightforward terms, and advise whether you may still have a claim, even if you believe you were partly responsible for the accident.
Supporting your claim
Our specialist solicitors will gather the evidence needed to support your claim, including medical records, witness statements, accident reports, photographs, and expert opinions where required. They will build a clear picture of how the accident happened, assess the extent of each party’s responsibility, and explain how contributory negligence may affect the compensation you can recover.
Securing compensation
Our solicitors work to secure the maximum compensation possible based on the circumstances of your case. We aim to ensure you have the financial support you need for rehabilitation, medical treatment, care, lost earnings, specialist equipment, and any other assistance required to support your recovery and future wellbeing, even where liability is shared.
Contact us
If you would like advice regarding a serious injury or illness affecting you or a loved one, please complete the form and one of our experts will be in touch as soon as possible.
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Client story
£7 million settlement
We have secured a £7 million settlement for a client who suffered a severe brain injury with devastating long-term consequences whilst riding on the bonnet of a moving car.
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Our clients receive the highest standards of advice and representation and are always treated with compassion, outstanding care and understanding of the physical, emotional, psychological and financial impact that life-changing injury can have upon their lives.
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