What Is Contributory Negligence?
When an accident occurs it’s frequently easy to determine who is at fault. However, there are times when a victim’s own negligence contributed to the accident or the injuries they sustained.
Contributory Negligence: What is it?
Essentially, when a plaintiff’s negligence contributes to the seriousness of an accident, this is considered contributory negligence.
An example of contributory negligence comes from car accident lawsuits. If a driver is driving drunk and loses control of their vehicle, striking another, they are considered at fault for the accident. However, if the victim failed to wear their seatbelt, the defendant may argue that they contributed to the seriousness of their injuries by failing to use the provided safety device.
How Does Contributory Negligence Impact Personal Injury Lawsuits?
If it can be determined that the plaintiff was negligent, the court will assign a percentage to that negligence. Any compensation awarded to the plaintiff will be reduced by that percentage.
For example, if a car accident plaintiff is awarded $1 million in damages but it was determined that they were 25% at fault, the award would be reduced to $750,000.
Proving Contributory Negligence
In order to show that the plaintiff was negligent, a defendant must show that the plaintiff owed themselves a duty of care and should have taken steps to contribute to their own safety. It must then be proven that the plaintiff failed to provide that duty of care.
Work With An Experienced Cambridge ON Lawyer
It’s always important to work with an experienced personal injury attorney when taking legal action. An attorney can help:
- Collect eyewitness statements;
- Contact specialists to recreate an accident scene;
- Collect documentation to support the lawsuit;
- Speak with insurance companies;
To learn more about your legal options after an accident, contact our law office at (519) 658-6341.
