When claiming compensation due to personal injury from a car accident, a few factors may harm your case and prevent you from getting paid what you deserve—one of the biggest issues is contributory negligence. For individuals found to be negligent, there’s a big possibility your claim won’t be as successful. But what is contributory negligence, and what can you do if you’re found to be at fault for it?
What is contributory negligence?
Contributory negligence occurs when an individual involved in a car accident or other personal injury claim is found to have contributed to the accident in some way. In other words, they were in some way to blame for the accident and the injuries they caused to themselves.
While this doesn’t let the other parties involved get off, it may reduce the amount of compensation awarded to the injured individual. Generally, the compensation given would be reduced by the degree of contributory negligence on the side of the individual claiming. For example, if the individual contributed 10% of the accident, then 10% of the compensation required from the other party will be reduced.
What are the most common examples of contributory negligence?
When it comes to being in a car accident, there are several contributory negligence examples that you need to be wary of.
1. Not wearing your seatbelt
When you’re in a car accident, and there is evidence that proves you weren’t wearing your seatbelt, you would be considered partially liable for your injuries, even if the accident itself wasn’t your fault. In this case, the court might still grant you compensation, but it would be less than what you would get if you wore your seatbelt.
2. Being distracted while walking or driving
People get into accidents for several reasons, some of the most common being distracted while behind the wheel or walking on the side of the road. You would be considered partially negligent if you’re in an accident because you were using your phone, eating, or getting distracted by several other issues while driving or walking across the road. Once again, the courts might still grant you compensation, but it is reduced.
3. Driving under the influence
DUIs in Australia are taken very seriously and are often treated as a criminal offence. If you’re caught with low levels of alcohol in your system and it’s your first offence, you may be let off with a warning. However, suppose you’re caught with a second offence or with high levels of alcohol in your system. In that case, you may be fined, and any compensation awarded to you would be significantly reduced.
Take note here that a passenger who willingly enters a vehicle where the driver is under the influence would also be considered negligent in the event of an accident and might have their compensation reduced, too.
4. Not wearing a helmet while riding
This applies to individuals riding motorbikes and or bicycles without a helmet. The risk of serious injuries being caused by trauma to your head is serious and can be debilitating. Unfortunately, if you are involved in a car accident or public liability accident that leaves you injured while you weren’t wearing a helmet, your chances of receiving higher compensation would be reduced because you didn’t follow the necessary precautions for your safety.
5. Violating traffic laws
Finally, if you were involved in an accident while violating traffic laws like jaywalking, ignoring stop signs, or speeding, you would be considered contributory negligent in the eyes of the court, and your compensation amount would be reduced.
How do insurers prove contributory negligence?
Here are a few factors that are considered when determining contributory negligence:
- Traffic violations
- Driver behaviour
- Road conditions
Why is it important to have the right car accident lawyer to represent you in contributory negligence disputes?
The role of a good car accident lawyer is to ensure that you are justly compensated for the negligible actions of others during a car accident. Hiring reputable lawyers like Smith Lawyers can get you one step closer to the compensation you need and minimise the reductions on contributory negligence that may apply to you. You can get a free assessment from a car accident lawyer here.
Final Thoughts
Make no mistake: while being found to have contributory negligence might not result in your case being thrown out completely, it can still make your total claim take a big knock. As soon as you need to claim compensation due to a car accident, ensure you work with a lawyer who has sufficient experience with such cases to ensure that if there is any negligence, you’ll be able to fight for fair compensation regardless.
