{"id":5765,"date":"2011-01-31T13:07:04","date_gmt":"2011-01-31T12:07:04","guid":{"rendered":"http:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/?p=5765"},"modified":"2011-01-31T13:07:04","modified_gmt":"2011-01-31T12:07:04","slug":"contributory-negligence-4","status":"publish","type":"post","link":"https:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/2011\/01\/31\/contributory-negligence-4\/","title":{"rendered":"Contributory Negligence"},"content":{"rendered":"

\"\"I read today of the terrible story of an Alan Underwood who sadly died having been involved in an accident at work<\/a>.\u00a0 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.\u00a0 The Northampton Chronicle & Echo<\/a> reports that Mr Underwood was giving a driving lesson and was testing his pupil\u2019s braking skills when the accident happened.\u00a0 The Northampton Chronicle & Echo<\/em> suggests that Mr Underwood had instructed his pupil to go around some cones and then come to an emergency stop.\u00a0 However, his pupil failed to stop and Mr Underwood was subsequently hit and killed by the lorry<\/strong>.<\/p>\n

At the High Court in London, it was heard that Mr Underwood\u2019s pupil\u2019s foot had become stuck underneath the brake, and therefore she could not stop.\u00a0 As such, the family of Mr Underwood was awarded \u00a3180,000 in compensation. \u00a0It was held that Mr Underwood\u2019s employers were liable for the accident<\/strong>.\u00a0 However, and interestingly, Mr Underwood\u2019s family only received 70% of the compensation.\u00a0 The compensation Mr Underwood\u2019s family was due would have been \u00a3250,000, but the judge held that Mr Underwood was 30% liable for the accident.\u00a0 In other words, there was a judgment of contributory negligence<\/strong>.\u00a0 Here, the judge held that Mr Underwood had been stood in front of the lorry in \u2018misconceived faith\u2019 that his pupil would be able to bring the lorry to a halt.\u00a0 As such he was partly responsible<\/strong> for the accident because he did not allow himself enough time to get out of the way and avoid a collision.<\/p>\n

Contributory negligence is a term that we frequently come across here at The Injury Lawyers<\/a>.\u00a0 If the other side believe that you are in some way partly to blame for your injuries, they will allege contributory negligence.\u00a0 They will try to settle for less than a full amount of the compensation<\/a> you would be entitled to should you not have been partly responsible for your accident.\u00a0 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.\u00a0 They will be able to advise you as to whether you should be held partly responsible for your accident and your subsequent injuries.\u00a0 If you do not seek the advice of a specialist injury lawyer<\/a>, you may end up getting less compensation<\/a> than you deserve!<\/p>\n","protected":false},"excerpt":{"rendered":"

I read today of the terrible story of an Alan Underwood who sadly died having been involved in an accident at work.\u00a0 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.\u00a0 The Northampton Chronicle & Echo reports that Mr … Continue reading Contributory Negligence<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,6],"tags":[],"class_list":["post-5765","post","type-post","status-publish","format-standard","hentry","category-compensation-advice","category-news"],"yoast_head":"\nContributory Negligence<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" 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