What Is The Impact of Contributory Negligence In An Injury Claim?

Immediately following a car accident, the primary focus most often lies on the people involved. Everyone rushes to provide help where they can to ensure everyone receives the medical attention they require. However, that empathy and inter-humanitarian care also tends to fade quickly when people start looking for someone to blame.

It is important to note that, regardless of who caused the accident, everyone is entitled to certain benefits which vary, depending on the severity of the injuries. There can also be instances in which you can pursue a tort claim to receive further compensation. This is dependent on whether your injury is a result of somebody else’s negligence.And this placing blame stuff is where it gets difficult. Because you will argue that you are not involved in causing your injuries, while the other side will argue that your actions definitely contributed to it. And this is where contributory negligence comes into play.

What Is Contributory Negligence?

It’s the idea that the person injured has contributed, if not caused, the accident or their own injuries which, if proven to be true, can limit the accused person’s amount of compensation. What this means is that, if the injured is found to be partially at fault, their compensation will only amount to the percentage the defendant is found to be guilty of with the help of personal injury lawyer in Lindsay.

However, this blame-game isn’t just limited to proving who caused the accident in the first place, it can also be used in the form of proving that the injured didn’t wear a seatbelt or helmet which in turn contributed to the extent of their injuries. Cases like this often end with the victim still receiving the majority of compensation.In cases, where alcohol or drugs were involved on the victim’s part, things look vastly different. Since it is expected of drivers to be able to foresee certain accidents in the making, by recognizing hazardous antics committed by other drivers, as well as roadway conditions and other elements that can play into creating dangerous situations. However, an intoxicated person will not be able to make these judgmental calls and will thus be easily accused of contributory negligence.

Even if you are only a passenger with a driver who you know is intoxicated, you may still be confronted with the allegation of contributory negligence since you knowingly put yourself into that unsafe situation. A pedestrian who was intoxicated and put themselves into harm’s way may also be accused.