Can I make a claim even if I am partially at fault? Understanding contributory negligence in road traffic accidents

If you’ve been in a road accident and believe that you might share some of the blame, don’t assume that you’re not entitled to compensation. Even being partly at fault doesn’t automatically rule out your right to make a claim. 

These accidents can be scary, emotionally distressing and may even have life altering consequences. Trying to navigate your next steps can sometimes be confusing, however, our team is here to guide you through the process. 

When you’re in a road traffic accident, determining who is at fault is essential in recovering compensation. However, it is not always easy to identify who is to blame as every incident will be different.

In car accidents there can be occasions where more than one party is responsible. For instance if you weren’t wearing a seatbelt you could be partly responsible for your injuries. 

If the injured party is found to have contributed to the accident through their own actions or omissions this is called ‘contributory negligence’. 

If contributory negligence is proven, the amount of compensation you’re entitled to will be reduced in proportion to your share of the blame and is calculated according to how much each responsible party contributed to causing the accident. Suppose you are found to be 20% responsible for the accident, your final compensation would be reduced by 20%. 

Let’s say you’re a motorcyclist who collided with a car that ran a red light but you weren’t wearing a helmet. While the driver clearly contributed to the accident, if your injuries were more severe as a result of not wearing a helmet your compensation would likely be reduced. 

The key point is that being partly to blame doesn’t mean you lose your right to claim. It simply reduces the amount of compensation you receive based on your share of the blame.

If I was partially responsible for a road accident, can I claim compensation?

You may still be able to make a claim for your injuries or losses even if you were partly to blame for the accident. Unfortunately, if the accident is found to be entirely your fault, it may affect your ability to make a claim. 

It might be helpful to reflect on your role in the accident. Were you aware that your actions could possibly cause harm? Did any sudden or unexpected situation affect how you reacted? Does your age make it harder to notice or respond to potential risks?

If you are unsure about whether you were at fault, seeking an expert advice is the best place to start. 

A specialist will be able to guide you through the process of determining whether you have a claim or not. This is especially important as after the accident you might be contacted by your insurer or the other driver’s insurer. 

While their initial offer may sound tempting it is often below the true value of your claim and may not consider the full extent of your injuries, financial losses, or ongoing needs. Having someone on your side ensures you don’t settle for less than you deserve.

At Digby Brown our experienced solicitors specialise in road traffic accident claims. They will carefully assess your case and work to secure the compensation you are entitled to - whether you were partially responsible or not.

Speak to our road traffic accident experts

Our road traffic accidents team at Digby Brown specialises in personal injury accidents on the road. With years of experience, you can rest assured that you are in safe hands. 

We are proud to be consistently recognised as Scotland’s leading personal injury law firm. For over two decades, we have been top ranked in both Chambers & Partners and The Legal 500. Our credentials and numerous awards, including Litigation Team of the Year, reflect our commitment to justice and client care. 

If you think you have a claim, contact us today for trusted legal advice from experienced solicitors. Call us or fill out the enquiry form. Because it matters…