Worried You’re Partly at Fault? You Could Still Get Compensation

Can Partial Blame Reduce My Compensation?

The short answer is yes.

If you are making a claim for compensation and you are found to be partially to blame for the accident, the amount of compensation you eventually receive will be reduced by the percentage of fault attributed to you. This principle is known as contributory negligence.

How Contributory Negligence Works

The Court or the parties’ solicitors will assess and agree upon a percentage of responsibility for each party involved in the accident.

Your total compensation is then reduced apportionately to your share of the blame. By way of example, if your claim is valued at £10,000.00 but you are found to be 30% at fault, you will only receive £7,000.00 in compensation at the end of your claim (this is because a 30% reduction has been applied to reflect your share of the blame).

Defendants often use the argument of contributory negligence to try to reduce the amount of compensation they must pay to injured parties. Common examples where an injured person may be found partially responsible include:

Not wearing a seat belt: If medical evidence confirms that wearing a seat belt would have avoided your injuries completely, compensation could be reduced by up to 25%. If wearing a seat belt would have made your injuries less severe, a reduction of around 15% is common.
Not wearing a helmet: For motorcyclists or cyclists, failing to wear a helmet may lead to a 10–15% reduction in compensation if wearing a helmet would have reduced the severity of the head injuries sustained.
Disregarding safety rules at work: If an employee ignores clear safety instructions or fails to use the safety equipment provided, their compensation for a workplace injury may be reduced if following the instructions or using the equipment would have lessened the severity of their injuries.
Pedestrian actions: A pedestrian who steps into the road unsafely may be found partially to blame for an accident, even if the driver was speeding.

Conclusion

Even if you are partially to blame for an accident, you are not automatically prevented from receiving compensation. The law ensures that a claim is not defeated entirely by the injured person being partially responsible, but that the compensation recoverable is reduced to reflect their share of the blame.

It is crucial to seek expert legal advice from a personal injury solicitor who can assess the specific facts of your case, challenge allegations of contributory negligence, and ensure you receive the maximum compensation you are entitled to. If you would like to discuss any of the issues raised in this article, please contact our personal injury team on 023 9282 0747.