Can You Still Claim If the Accident Was Partly Your Own Fault?

If you have sustained a personal injury, you might be eligible to file a personal injury claim. Scottish law recognises contributory negligence where the claimant’s own conduct contributed to the accident or injury. This guide explains this and how it may affect liability and the level of personal injury compensation you may be able to recover.

What is contributory negligence?

Contributory negligence is where the claimant helped cause the accident, or the damage suffered. The Law Reform (Contributory Negligence) Act 1945 applies in Scotland and provides for damages to be reduced, to the extent that the court considers just and equitable, having regard to the share of responsibility of the claimant. 

So, if the accident was partly your fault, that doesn’t mean you can’t claim. The question is how your actions played a role in the accident or the severity of the injury.

Can you still make a personal injury claim if partly at fault?

Yes, it may still be possible. If another person’s fault caused the accident a partly to blame claimant may still be able to claim compensation.

For example, in some car accidents, another driver’s negligence may have caused the collision, while the claimant’s own conduct may also be relevant. A solicitor will look at the evidence before reaching a view on liability.

How does contributory negligence affect compensation?

Where contributory negligence applies, compensation is usually reduced rather than the whole claim lost automatically. The reduction depends on the circumstances and the claimant’s share of responsibility. 

That distinction matters. A person who believes an accident was partly their fault should not assume that they have no right to seek injury compensation. The value of the claim and any reduction need to be assessed from the facts.

Can contributory negligence apply to accident claims?

It can arise in different types of negligence claims. An accident at work, for example, may involve questions about an employer’s responsibility alongside the conduct of the injured employee.

The same basic issue can arise in other personal injury cases. A solicitor will consider the particular circumstances, available evidence and the connection between the claimant’s actions and the injury.

What evidence will a solicitor need?

Evidence might include pictures, the record of the accident, medical records, correspondence, witness accounts or other papers that illustrate what happened. The claimant’s own account will also be relevant, although it may need to be considered alongside other evidence.

Someone involved in an accident should be open with their solicitor about anything that could potentially affect liability. Trying to leave out an awkward detail can create problems later if it emerges from another source.

What happens if liability is disputed?

The other party or their insurance company may say that the accident was caused by the claimant or partly by the claimant or in some other way. A solicitor may need to obtain further evidence before responding.

Sometimes these disagreements can be settled by negotiation. If you cannot resolve a dispute, you may have to take formal proceedings, but at the end of the day the evidence will speak for itself, and the court will decide.

What should you do if you’re unsure about your claim?

If you have been injured in an accident and are not sure if you are partially at fault, then keep the necessary documentation and get the proper medical care. Don’t jump to conclusions till the facts have been checked.

SGT Law Firm advises on personal injury claims across Scotland. Its personal injury lawyers can assess the circumstances of an accident and explain whether you may be able to claim compensation, including where contributory negligence may be an issue.

For information about personal injury services, visit SGT Law Firm or its Personal Injury Lawyers Glasgow page. The position in an individual case will depend on its particular facts and evidence.