CONTRIBUTORY NEGLIGENCE IN AN ACCIDENT
When injured in an accident that wasn’t your fault, it’s natural to want to hold the person or organization responsible accountable. However, you may find that you cannot do so because of contributory negligence.
Contributory negligence is a term that means that you were partially at fault for the accident. This can impact your ability to seek compensation for your injuries, but fortunately, there are lawyers like Sidhu Personal Injury Lawyers who can help. Read on to learn more about this topic and how it could impact your case.
What is Contributory Negligence?
Contributory negligence is a legal term that means that you were partially to blame for the accident that led to your injuries. If the court resolves that you were partly at fault, the award will be reduced or eliminated.
The concept of this goes back to the tort system. The idea behind this is that people will bear the responsibility for their actions. Therefore, in a case of contributory negligence, the injured party is partially responsible for the accident. This can happen when the injured party is negligent in some way, such as:
- Not looking both ways before crossing the street
- Not wearing a seatbelt
- Not using a crosswalk
- Driving under the influence of alcohol
- Texting while driving
- Not yielding the right of way
- Driving above the speed limit
- Driving too close to another vehicle
These are just some circumstances in which you could be partially at fault. Your actions, or inaction, can impact your ability to seek compensation for your injuries.
Contributory Negligence & Fault
If the injured party is partly responsible, they reduce their award in proportion to their degree of fault. Courts will determine the exact percentage. The injured party is free to appeal if they don’t think it’s right.
What Can You Do?
Contributory negligence isn’t the end of the road. However, there are legal actions that you can take to try and get the compensation that you deserve.
You can hire a lawyer who can help. For example, most personal injury lawyers can handle these cases. In addition, you should be able to retain a lawyer if you have injuries that require treatment, if you have a permanent disability, or if you’re facing ongoing medical costs.
The lawyer can find a case and gather pieces of evidence that show that you were not at fault. In some cases, they can even make the case that the other party was entirely responsible; then, you may be able to get payment.
Unfortunately, it may be tough to win your case. You may require two or three lawyers before finding someone willing to take your case. In some cases, you may spend a lot of money on legal costs, only to have the case thrown out by the courts.
There are occasional lawyers out there who specialize in negligence act. These lawyers will be able to handle your case from start to finish, which may save you from having to deal with multiple lawyers.
How Sidhu Personal Injury Lawyers Calgary Can Help
If you need help with a personal injury case involving contributory negligence, we can help you. We have extensive experience with cases like this and can be there for you throughout the entire process.
We will help you get the settlement you deserve, and we’ll work tirelessly to make sure you get it. We’ll fight for you so you can focus on getting better. We’ll make sure we get you the compensation that you deserve so we can help you move on from finally, we. We intend to ensure you have the tools you need to get better.
Contact Us Today
If you have questions about this, we encourage you to contact us today. We’ll be more than happy to talk to you and help you sort through this issue. We’ll operate work with you to figure out the most suitable course of action and help you get the compensation you deserve.
You don’t have to go through this unattended. So let us help you get the compensation you deserve to get back to being healthy and happy.
FREQUENTLY ASKED QUESTIONS
Contributory negligence requires four elements:
First, the plaintiff must have failed to exercise due care for their safety. Second, the plaintiff must have been unable to exercise due respect for the protection of others. Third, the defendant must have been exercising due care. Fourth, the plaintiff’s failure to exercise due care must have been the accident’s proximate or legal cause.
Therefore, any conduct that constitutes negligence can be considered contributory negligence. This can include speeding, texting while driving, and not paying attention when crossing the road.
The plaintiff would generally need to prove that they were not negligent in causing the accident. However, this could be very difficult in a contributory negligence case, as the plaintiff will have to show that they were completely free of fault. Therefore, it could be impossible to meet this burden of proof.
Alternatively, the plaintiff could argue that their negligence was not a proximate cause of the accident. This means that the plaintiff’s actions did not directly cause the accident. For example, the plaintiff could argue that other factors contributed to the accident that had nothing to do with the plaintiff’s actions.
Contributory negligence can apply to all sorts of injury cases. For example, you might be injured in a car accident that was not your fault. Instead, your injuries could result from another car hitting you and totaling your car.
You could also be injured in an accident at work. This could happen if another employee was negligent and you didn’t have the proper training to prevent this. Finally, you could be injured at home. This could happen if another person or equipment, such as a chainsaw, caused your injury.