What
is Contributory Negligence?
In the event of an
accident, if a person suffers a loss or injury partly as a result of his own
fault or partly due to the fault of someone else then the damages should be
reduced to such an extent that both parties share the responsibilities of the
occurrence of the road traffic accident
claim. Legally the term “fault” is used to describe the liability that will
give rise to the Defence of contributory negligence.
The
Objective Test:-
To test whether the
claimant was contributory negligent the court will look as to whether or not
the Claimant took reasonable steps towards taking care of his/her safety. The
rule applies to persons who are not suffering from any mental or physical
impairment and the varying degree of intelligence will be disregarded in
proving contributory negligence in the event of a road traffic accident claim.
Being
Intoxicated:-
The fact that the Claimant
was acting carelessly such as being drunk can amount to contributory
negligence. However, the Court will consider the actions of the Claimant that
MAY have contributed to the accident rather than the fact the Claimant was
drunk. For example, the Claimant may be held responsible for walking into a
carriage way rather than the fact that he/she was drunk while doing it.
For more information
regarding making a Road Traffic Accident Claim, get in touch with our experts at 247 Solicitors by phone on 01204
263000 or email info@247solicitors.co.uk.
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