If you’ve been injured in a road traffic accident but believe you may be partly at fault, you might assume you’re not entitled to compensation. Fortunately, UK law recognises a principle called contributory negligence, which means you can still make a claim, even if you share some of the blame.

What is Contributory Negligence?

Contributory negligence is a legal principle that applies when a person who has suffered an injury is found to be partly responsible for causing the accident or worsening their own injuries. In such cases, compensation is reduced in proportion to the injured party’s share of responsibility.

For example, if you were not wearing a seatbelt at the time of the accident, a court might find you 25% responsible. If your total compensation is assessed at £10,000, you would receive £7,500 after the 25% reduction.

Common Examples in Road Traffic Accidents

  • Not wearing a seatbelt

  • Riding a motorcycle without a helmet

  • Crossing the road without looking properly

  • Driving over the speed limit

  • Accepting a lift from an intoxicated driver

Each case is assessed individually, and the percentage of blame can vary widely depending on the circumstances. Courts consider factors such as the standard of a “reasonably careful driver” and whether the claimant’s actions materially contributed to the accident or the severity of their injuries.

Why You Should Still Claim

Many people wrongly assume that being partially at fault means they are not entitled to compensation at all, but this is not the case. Even if you are found to be 50% responsible, you could still recover half of the total compensation.

If you, a friend, or a family member are unsure about your level of responsibility in a road traffic accident, the team at Farleys is here to help. Contact our experienced solicitors for a free, no-obligation assessment of your claim. We’ll guide you through the process and help you understand your rights. Call 0845 287 0939, get in touch by email, or use the online chat below.