Contributory negligence in a car accident can be sued for in court, but the concept of such contributory negligence states that if the plaintiff was even in part guilty of negligence that contributed to his injuries, then the liability of the offender is accordingly reduced. The offender may have primarily caused the car accident through recklessness or negligence, but if partial negligence on the part of the defendant is proven, then the offender is not held wholly liable. It is best to consult a car accident lawyer for guidance on these details.
Discussing these points with a lawyer who specializes in car accident claims will reveal, among other things, that in such situations, contributory negligence may come down to things like non-functional tail lights, tail-gating, carelessness or recklessness on the victim’s part. Even neglecting to wear seatbelts or crash helmets, which would have reduced the chances or the severity of the injury if worn, can be considered contributory negligence on the part of the victim.
How the courts see it
When the courts find that contributory negligence has been established beyond doubt, an evaluation is done of its impact on the injuries incurred by the victim. The focus shifts then to the degree of contributory negligence. This is contemplated as the percentage by which it affects the injuries sustained. If the defendant is seen to have neglected wearing a seat belt at the time of the accident, they will look at the percentage by which this fact affected his or her injuries from that accident. Sometimes the evaluated percentage can be as low as 5%, though it is known to have reached even a 100%.
Liability of the main party
If it is decided by the court that there is contributory negligence involved and they define a percentage, then the compensation you would have otherwise received is reduced by this percentage. The other party is therefore liable to pay the remaining amount.
Though such cases are common, you can’t be certain of the degree of contributory negligence the court may find you guilty of. So speak to your lawyer before you place your car accident claim, if you think the issue to be relevant.
The rule of pure contributory negligence states that the claiming party cannot recover any damages if he is even one (1) percent at fault. This rule is followed by only 5 states in USA.
These are the basic bits of information on contributory negligence. Hope this article was an interesting read.