Rose Niranjanan, Solicitor
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In these modern times where the number of vehicles on the roads show no sign of reducing, road traffic accidents are common. Whether you are a driver, passenger or pedestrian, you could find yourself in the unfortunate position of being injured as a result of someone else’s negligence. What happens though if you consider that you yourself have contributed to the accident and your injuries through your own carelessness? Can you still make a claim? It is important to know the options available to you.
Those injured in road traffic accidents need to remember that the outcome of each case depends on the facts and evidence available. Even if an injured party has contributed to an accident, this does not prevent them from making a personal injury claim. If an injured party is found to have contributed to an accident then the amount of compensation they receive will be reduced accordingly.
Below are three examples of cases where there was argument that the Claimant had contributed to the accident and yet the Courts found there to be no contributory negligence and 100% compensation was awarded.
Drivers of vehicles can be accused of failing to take care of their own safety. In Tolley v Carr , Mr Tolley saw that the first defendant had lost control of her car on a motorway and that it had come to a stop with the front of the car on the central reservation and the rear of the car jutting out into the fast lane. Mr Tolley was concerned that this posed a risk to oncoming traffic and therefore he attempted to move the car. In doing so, Mr Tolley was struck by both the second and third defendants. The defendants argued that Mr Tolley had failed to take reasonable care for his own safety and that after rescuing the first defendant from her car, he should not have then returned to move her car. The defendants considered Mr Tolley’s actions to have contributed to his injuries and therefore any compensation he received should be reduced to reflect this. The Court disagreed and found that Mr Tolley had acted reasonably in moving the car and therefore no reduction in his compensation should take place.
Passengers in vehicles can also find themselves accused of failing to take care of their own safety, particularly those passengers who do not wear seatbelts. In Stanton v Collinson, not only did the front seat passenger of a car fail to wear a seat belt but he also had another person on his lap. As a result of a collision, he suffered serious head injury. The defendant argued that failure to wear a seat belt had contributed to the injury but the Court considered the evidence which showed that even if a seat belt had been worn, it would not have prevented serious head injury. Again the Claimant was found not to have contributed to his injuries.
Pedestrians can also be accused of failing to keep a proper look out. In the case of Osei-Antwi v South East London & Kent Bus Co Ltd, the Defendant bus company argued that a pedestrian who was standing on a designated pavement area waiting to cross a road, had failed to keep a proper look out. The rear of the bus mounted the pavement while it was turning into the road and collided with her. The bus company argued the pedestrian had contributed to her own injuries. The Court disagreed as the pedestrian was in an area where vehicles were not entitled to be and therefore she was not obliged to move further back.
It is apparent from the examples above that what might seem quite clear to begin with can produce surprising results. It is important to obtain legal advice from a specialist lawyer who can advise on whether any blame does attach to the injured party and if so, how much.
Rose Niranjanan is a Solicitor in Anthony Gold's personal injury department. For further information email Rose Niranjanan or call 020 7940 4000.
