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What is contributory negligence in a personal injury claim?

Contributory negligence is the term used in a personal injury claim when the actions of the injured party are alleged to have contributed to their injury occurring.

For example, if you are crossing the road and you are hit by a car, but you did not look before making that crossing, then if you brought a motor accident claim against the driver who hit who, they will no doubt be claiming that you just stepped out in front of them and they had no time to avoid the collision.  They would be claiming that your actions contributed to the accident occurring, or, in other words, they will be claiming contributory negligence.  

Just because your actions may have contributed in some way to the accident does not mean you don't have a worthwhile personal injury claim to pursue

A claim of contributory negligence is usually referred to in percentages, that is, the percentage the actions contributed to the accident occurring.  A claim of contributory negligence can be made at 100% by a defendant, meaning they are claiming that the plaintiff's accident and resultant injuries were totally as a result of the plaintiff's own actions.  This is also termed "Volenti", or voluntary assumption of risk.

For instance, looking at the situation where the pedestrian steps out in front of a motor vehicle on a highway, the driver of the vehicle may claim that the fault of the accident rests fully with the pedestrian for stepping out in front of him. The driver would be claiming 100% contributory negligence. Whether that claim would succeed or not would depend on the circumstances of the road accident in question. Even in cases where there seems to be significant risk taking on the part of a plaintiff, there can still be grounds for a successful personal injury claim.

As in the case of the pedestrian, just because they stepped out onto the highway without looking, does not mean that there is no personal injury claim for the pedestrian to pursue for their injuries sustained in the accident. It may be that the driver of the vehicle had more than sufficient time to see the pedestrian when he stepped onto the roadway, but he was not keeping a proper lookout, and if he had been, then he would have seen the pedestrian and have stopped his vehicle in time, or he would have been able to swerve to avoid the collision with the pedestrian. Further, if the driver had been paying proper attention, then he may have stopped the car sufficiently that the injuries sustained would have been much less severe. In such case, the Court may apportion responsibility for the accident between the parties, for instance, the Court may find that the driver and pedestrian each contributed equally toward the accident occurring. In such case, the apportionment of contributory negligence against the pedestrian would be 50%.

How will contributory negligence affect the amount of compensation I will receive for my injuries?

The big question however is what does contributory negligence mean to the amount of compensation the Plaintiff is entitled to receive for his injuries. When there is a finding that a Plaintiff has been contributorily negligent for their injuries occurring, this then results in a reduction in the Plaintiff's gross damages to the extent of that contribution.  For instance, in the case of the pedestrian, if the apportionment of fault for the accident, or "liability", as it is more commonly termed in personal injury claims, was made at 50/50 as referred to above, then this would result in the Plaintiff's damages for their injuries from the accident being reduced by 50%. So, for example, if the pedestrian was awarded damages for his injuries of say $500,000, then those damages would be reduced to $250,000 because of the contributory negligence at 50% found against him.

Mandatory reductions apply where intoxication or criminal activity contributes to injuries occurring

In some cases, there are statutory provisions imposing mandatory reductions for contributory negligence in claims. Under the Civil Liability Act 2003,(CLA)  there are mandatory reductions for cases where the plaintiff's intoxication has contributed to their injuries occurring or where they have relied on the care or skill of another person who is intoxicated and they have sustained injury. The reduction in such cases, if found, is a mandatory 25%. If it is the case that a motor vehicle was involved, then the mandatory reduction is increased to 50%. (see Sections 46 to 49 of the Act).

There are also restrictions on claiming compensation and damages in cases where a person has been injured whilst in the course of a criminal act. In such cases, a Court can find that no award should be made, but where the Court considers it would be unfair not to award the injured party damages, then it does have a discretion to do so. Once again however, if the Court does decide that the plaintiff should receive damages despite the contribution of their criminal behaviour, then there is a mandatory reduction for contributory negligence of at least 25% that must be applied.

The CLA, upon its enactment in 2003, also introduced total defences to injury compensation claims, where the injuries have been sustained whilst participating in a dangerous recreational activity or as a reslt of an obvious risk.

Don't assess your own case - speak to experts in personal injury law for a proper assessment of your case

Contributory negligence can be claimed in all types of personal injury claim, including workplace accident and injury claims, motor vehicle accidents, a slip and fall at a shopping centre, a construction accident or any other case of injury caused by the negligent act or omission of another party. But what we at The Personal Injury Lawyers want to ensure is that anyone who suffers injury in an accident caused or contributed to by the negligence of another, whether it is an accident at work or on the road, it does not matter how it occurs, we just want them to be fully aware that just because they may think some aspect of their actions, or some inaction, on their part may have contributed to their injuries occurring,it does not mean they do not have a valid and worthwhile compensation claim to pursue.  What they may consider to be some contributing negligence on their part, does not mean that this is what will be the case at law.

This is why it is so important that when you suffer an injury in an accident which has been caused or contributed to in some way by the fault of another party, but you believe you may have had some part in it occurring, you contact top personal injury lawyers to assess your case. Do not assess your case yourself as this could end up with you missing out on significant compensation because you were just not aware that you had a worthwhile and valid claim to pursue.

The Personal Injury Lawyers are experts in all aspects of personal injury law and can advise you

We at The Personal Injury Lawyers are experts in the field of personal injury law. It is all we do and therefore, we are very good at it. If you have sustained an injury in an accident or at work, then you should contact us on 1300 782 202 or submit one of our FREE Case Appraissal forms on our website for a FREE assessment of your case.   You can also use our Livechat service on our website to chat to us about your case, or leave a message for us to get back to you.  All consultations are completely FREE of charge, totally confidential and with no obligation.

The Personal Injury Lawyers are a No Win No Fee law firm, which means we do not charge you any fees for work done in pursuing your claim on your behalf, unless we obtain compensation for you. So you really do have nothing to lose in contacting us to discuss your case and doing so, may very well result in you receiving significant compensation.

Remember, strict time limits apply to personal injury claims, so it is important that you contact us as soon as possible. Delay could result in you missing out on significant compensation and damages. 

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