Introduction
Being involved in a serious car accident can be a life-altering experience. The physical and emotional trauma can be immense, and the road to recovery long and arduous. Unfortunately, the legal process following a serious car accident can add another layer of complexity. One significant factor that can impact the amount of compensation you receive is contributory negligence.
What is Contributory Negligence?
In the early stages of a personal injury claim, particularly those arising from serious car accidents (also known as Road Traffic Accidents or RTAs), insurers for the at-fault party may introduce the concept of contributory negligence. This means they argue that the injured person (the claimant) also bears some responsibility for the accident.
How it Affects your Claim
If contributory negligence is established, it will significantly impact your compensation. The percentage of fault attributed to you will directly translate to a reduction in your overall award. For instance, in a case involving catastrophic injuries with a total compensation value of £10 million, even a seemingly small 10% reduction translates to a loss of £1 million. This highlights the significant impact contributory negligence can have on your claim.
Insurance Company Tactics
However, it’s important to understand that insurers will often raise the possibility of contributory negligence as a negotiating tactic, even if the evidence is weak. They may strategically delay a final decision on liability until they have gathered all available evidence, such as the police report, CCTV footage, witness statements, and dashcam recordings. Once they have a comprehensive picture of the accident, they can decide if pursuing a contributory negligence argument is worthwhile.
When Do Insurers Argue Contributory Negligence?
Let’s delve deeper into the specific situations where insurers might allege contributory negligence, depending on the type of road user involved in the serious car accident.
Drivers:
When the claimant is a driver involved in a collision with another vehicle, insurers will meticulously scrutinize various factors, including:
- Impairment: Were you under the influence of drugs or alcohol at the time of the accident? Driving under the influence significantly weakens your case and can lead to a finding of contributory negligence.
- Speeding: Exceeding the speed limit is a clear violation of traffic laws and can be used by insurers to argue that you contributed to the accident.
- Seatbelt Use: Not wearing a seatbelt is not directly related to causing the accident, but it can impact the severity of your injuries. In serious RTAs involving life-threatening injuries, this argument is less likely to apply. However, for other types of injuries, the lack of a seatbelt might lead to a contributory negligence claim.
- Lights: Driving without your lights on in low-visibility conditions can be seen as a safety lapse and potentially contribute to the accident.
- Distracted Driving: Using your phone while driving is a major safety hazard and could be cited as contributory negligence.
This list is not exhaustive, but it highlights the factors that insurers may focus on to establish partial fault on your part. If any of these elements are proven with evidence, your compensation award might be reduced.
Motorcyclists and Cyclists:
For motorcyclists and cyclists, all the factors listed above for drivers will also be considered. However, the primary question for these vulnerable road users often revolves around helmet use.
Helmet Importance:
Given the exposed nature of motorcyclists and the high speeds they can reach, wearing a helmet has been a legal requirement since the 1970s. For cyclists, while not mandatory, the Highway Code strongly recommends helmet use.
In the event of a serious accident involving a motorcyclist or cyclist who wasn’t wearing a helmet and sustained a head injury, the lack of a helmet would likely lead to a contributory negligence claim, impacting the compensation awarded.
Severity Reduction:
Whether wearing a helmet would have completely prevented a brain injury or lessened its severity depends on expert medical opinion. In most serious RTA cases with moderate to severe brain injuries, it’s highly likely that a helmet would have reduced the severity to some extent, and damages would be reduced accordingly.
Highway Code Changes:
The 2022 amendments to the Highway Code increased the responsibility of drivers towards cyclists, recognizing them as vulnerable road users. However, cyclists still have a duty to ride with care and attention, adhering to traffic rules like using designated bicycle lanes and stopping at red lights. Unfortunately, many cyclists disregard these rules, potentially opening themselves to contributory negligence arguments.
Pedestrians:
While contributory negligence claims are less frequent for pedestrians due to their vulnerable status, it can still arise in specific situations. Examples include:
- Crossing against a red light
- Crossing at an undesignated location
- Crossing while using your phone
- Stepping out from between parked cars
- Running into traffic
- Wearing dark clothing at night
These are just some examples
Conclusion: Protecting Your Rights After a Serious Car Accident
Being involved in a serious car accident can leave you feeling overwhelmed and unsure of your next steps. The potential for contributory negligence arguments from insurers adds another layer of complexity to the legal process. Understanding how contributory negligence might impact your claim can empower you to make informed decisions.
Don’t Let Contributory Negligence Reduce Your Compensation:
If you’ve been injured in a serious car accident and believe the other party was at fault, don’t let the possibility of contributory negligence deter you from seeking the compensation you deserve.
Claim Today – Get Expert Legal Advice:
Consulting with a qualified personal injury solicitor experienced in car accident claims is crucial. They can assess the specifics of your case, analyze the potential for contributory negligence arguments, and build a strong case to maximize your compensation.
Don’t wait – contact a solicitor today to discuss your options and ensure you receive fair compensation for your injuries from a serious car accident.
