Contributory Negligence in Personal Injury Claims

Contributory negligence is a concept based on a claimant being partially at fault or a contributor to an accident which caused their injuries. This type of claim falls into the remit of personal injury and considerations about liability must be considered from the outset. A claim can proceed as long as primary liability or blame lies with the defendant. These sorts of cases are often negotiated between the parties, as when a claimant admits a level of liability, a defendant is likely to pursue a contributory negligence claim against them. If the case cannot be agreed between the parties, it will be referred to a court to decide the outcome. The following guide provides a wealth of information regarding contributory negligence claims including the processes and potential outcomes.

Contributory negligence previously acted as a full defence, but in present practice due to the Law Reform (Contributory Negligence) Act 1945, it only acts as a partial defence. The general principle of contributory negligence is set out in section 1(1) of the Law Reform (Contributory Negligence) Act 1945, which states: 

Examples of Contributory Negligence in Common Accidents.

By way of further explaining what might be considered as a contributory negligence case, below are some examples where the claimant may have grounds to make a personal injury claim but was also partially negligent for the injuries suffered.

• A car passenger who was not wearing a seatbelt at the time of a road accident. Not wearing a seatbelt would not cause an accident, but it could elevate the injuries sustained.
• A construction site worker not wearing a helmet or other protective wear provided to them would not cause an accident, but would likely mean that injuries sustained would be worse than they would have been if they had taken proper precautionary steps.
• A pedestrian crossing a road without first checking for oncoming traffic. The pedestrian has a duty of care to be aware of their surroundings, but a driver also has a duty of care to be aware and drive in a manner that allows them to stop quickly in such an event.

What Action Must be Taken in a Personal Injury Claim?

Irrespective of what the future might be following an accident, in the event of a personal injury, it is important that the following steps are followed:

• Inform the police where necessary, for example, in a serious road accident or attack.
• Report any incident to relevant insurance companies.
• Seek medical attention. This serves several purposes but predominantly, it assures the injured party receives the necessary treatment and provides evidence by way of medical records at a later date.
• Write an account of the incident. This should be done at the earliest possibility to ensure that elements of the accident are not forgotten. The written account should be as detailed and thorough as possible.
• Gather evidence relating to the incident. This can include photographs, medical records, correspondence from insurers, the defendant, solicitors and witnesses.

For further advice on making a personal injury claim, contact a local personal injury solicitor for a free consultation. Alternatively you can contact the Citizens Advice Bureau for further information on proof and processes required to make a personal injury claim.

What Are the Time Limits for Making a Personal Injury Claim?

There are varying time limits applied to different types of claim, but as a general rule, a personal injury claim must usually begin within three years of the accident or incident. It is advisable to begin a claim at the earliest possibility to ensure that time limits are observed. A solicitor will assist claimants in understanding any time restrictions in place for their claim.

What Needs to Be Proved in Contributory Negligence in Personal Injury Claims?

Contributory negligence is normally an element of a defence and courts tend to offer more flexibility in their assessment when it is possible to apportion blame. In order to make a successful contributory negligence personal injury claim, the defendant must prove that:

• The claimant was partially to blame due to not taking the proper level of care or acting in a safe and responsible way.
• The failure to take the relevant level of care contributed to the level of injury sustained.

How Are Contributory Negligence Compensation Amounts Calculated?

Contributory negligence is an element of a personal injury claim that determines the level of compensation awarded, rather than acting as the focus point for defence finding the blame.

The level of compensation awarded for contributory negligence in personal injury claims depends upon the levels of liability of each party. If a claimant was considered to be 10% liable for the accident, the sum awarded is reduced by 10%. For example, if the personal injury claim was worth £10,000 and the claimant was held to be 10% contributorily negligent, their damages would reduce by £1,000 and they would receive a £9,000 compensation payout.

In practice, calculations for such compensations payouts are more thorough. For example, an adult pedestrian with no disabilities, who steps out in front of a moving car would be held in higher contributory negligence than a child who did the same. Generally in driver/passenger cases, the driver's proportion of negligence will be considered higher because they are in control of the car.

Courts will therefore assess all factors and have non-stringent guidelines to follow as to how to calculate compensation payouts, as long as their decision is deemed to be ‘fair and equitable'.