Contributory negligence in motor vehicle accidents and other personal injury claims refers to situations where the injured person (i.e., the claimant) is found to have contributed, by their own actions or inactions, to their injuries and losses.
This doesn’t absolve the other party of fault but reduces the amount of compensation awarded to the injured person by the percentage of their contributory negligence.
For example, if a claimant is found to be 20% responsible for their injuries, the compensation will be reduced by 20%.
Common Examples of Contributory Negligence in Motor Vehicle Accidents
Contributory negligence can arise in various ways in motor vehicle accidents, including the following:
Failure to Wear a Seatbelt
Claimants who fail to wear a seatbelt may be held partly responsible for the severity of their injuries. Courts may determine the extent to which wearing a seatbelt would have reduced the damage.
Distracted Behaviours While Driving or Walking
Using a mobile phone, eating, or engaging in other distractions while crossing the road or driving can lead to a finding of contributory negligence.
Violations of Traffic Laws
This includes behaviours such as jaywalking by pedestrians or drivers ignoring stop signs, traffic lights, or speed limits.
Driving Under the Influence of Alcohol or Drugs
If a claimant was under the influence, this could significantly impact their compensation claim.
Riding Without a Helmet
Motorcyclists who ride without a helmet may be considered partly responsible for the severity of their injuries.
Passenger Responsibility in Accidents
A passenger who knowingly enters a vehicle with a driver under the influence of alcohol or drugs may also be deemed partly at fault.
Special Considerations for Contributory Negligence in Children
Legal Exemptions for Children Under Six
Children under the age of six years are generally exempt from contributory negligence. A mere scintilla of negligence by the driver who injures an infant will be sufficient for the infant to receive 100% of the compensation.
How Insurers Prove Contributory Negligence
The insurer bears the onus of proving contributory negligence on the balance of probabilities. This involves presenting evidence that the claimant’s actions or inactions contributed to the accident or the severity of their injuries.
Maximising Compensation Despite Partial Fault
Being partially at fault does not mean you are barred from compensation. By understanding the principles of contributory negligence and working with a skilled legal professional, you can maximize your claim by reducing the percentage of contributory negligence.
Why Injured Motor Vehicle Accident Victims Should Choose Stacks Goudkamp
When you’re navigating the aftermath of a motor vehicle accident, choosing the right legal team can make all the difference. At Stacks Goudkamp, we specialise in providing compassionate and expert legal representation tailored to the unique challenges of motor vehicle accident claims. With decades of experience, we’ve built a reputation for delivering outstanding results.
Here’s why Stacks Goudkamp is the right choice:
- Specialised Expertise: Our team focuses solely on personal injury law, ensuring we have in-depth knowledge of personal injury claims.
- Proven Success: We’ve secured significant compensation for countless clients, helping them rebuild their lives after an accident.
- Client-Centred Approach: At Stacks Goudkamp, your needs come first. We provide personalised guidance, keeping you informed every step of the way.
We’re passionate about ensuring fair outcomes, even when insurers try to minimise payouts.
Choosing Stacks Goudkamp means having a team of dedicated professionals fighting for your rights and maximising your compensation. Let us handle the legal complexities so you can focus on your recovery.
