If we suffer injury in an accident that wasn’t our fault then it is likely we will want to know who was responsible for the accident. It may be that the accident left us with severe injuries that prevented us from living our life the way we had before. It may have resulted in a loss of earnings for us because we couldn’t return to work for a while. Whatever the implications an accident has on your life, making an injury compensation claim will help.
When making a claim, a number of factors will be assessed, such as the time of the accident, whether it was light or dark, the weather conditions when the accident took place, and the actions of all parties involved at the time of the accident. In a road accident, this may include whether a driver has indicated, had the correct lighting on their vehicles, and what speed they were driving at.
If there were passengers in the vehicles at the time of the accident, they can also make an injury compensation claim – a number of factors will also be assessed to see how their injuries were caused. If the passenger wasn’t wearing a seatbelt at the time of the accident, they can be found to have shown contributory negligence towards their injuries.
Contributory negligence doesn’t mean you are being fully blamed for your injuries; it means that you are partly responsible. For example, if a passenger suffered injury and wasn’t wearing a seat belt at the time of the accident, it is likely their injuries will end up being more severe. Wearing a seatbelt is a legal requirement – failing to do so leaves you partly responsible for your own injuries.
If you are found to have shown contributory negligence towards such an injury your payout may be reduced depending on the percentage of negligence you are found to have shown.
Contributory negligence is a defence that the other party uses to show that they weren’t fully responsible for your injuries. It’s often a key card played by solicitors on the opposing side; although it’s not always successful. If you have been involved in an accident and would like more information about making a claim, contact the Injury Lawyers for free and friendly legal advice.
IMPORTANT: advice on this page is intended to be up-to-date for the 'first published date'.