If you’ve been injured in a road accident in South Lanarkshire that was not your fault and are thinking about taking personal injury action against the person of organisation that was responsible for what happened to you with the aid of a top 100% no win no fee* personal injury solicitor, it will be important for you to bear in mind that your conduct may have impact on the level of any compensation you actually end up winning.
The accident you were involved in might not have actually been caused by you, but if it could be proved that your conduct contributed to the severity of the injuries you suffered in your road accident in South Lanarkshire, your claim for compensation might be reduced. This is known as contributory negligence.
Contributory negligence and road accident in South Lanarkshire
Say that another car went into the side of yours at a junction in a road accident in South Lanarkshire that caused you some very nasty injuries. There was absolutely nothing you could have done about the smash, and the other driver admits liability. This may sound like quite a straightforward case that should be a breeze for any personal injury lawyer worth his salt to turn into a decent compensation pay-out.
However, if your behaviour had in any way contributed to the severity of your injuries, things might not be quite so clear cut. Maybe you were not wearing a seat belt as you were legally required to by law. As a seatbelt might have saved you from the worst of your injuries, the insurer of the party that caused your accident might be able to argue that any compensation it should pay should be reduced.
You might also find that a negligent party’s cover provider may be able to argue contributory negligence if your vehicle was in a poor state of repair and this was at least in part responsible for how badly you were hurt. Insurers go to great lights to minimise their liability in personal injury cases, so don’t be surprised if the one the negligent party that caused your accident uses does exactly that.
Take some advice
This is not to say that you should have any reservations about seeking compensation after being involved in a road accident in South Lanarkshire that was not your fault. Don’t let the whole concept of contributory negligence put you off. If the smash you were involved in genuinely was the fault of a third party, you should contact a first-rate 100% no win no fee* personal injury law firm such as Accident Advice Helpline to find out if it might be able to help you. so call today on 0800 689 0500 or from your mobile on 0333 500 0993.
Date Published: 16th March 2014
Author: David Brown