Motor Accident Law
Contributory Negligence
A situation where the injured party's own carelessness partly contributed to the accident, which can reduce the compensation they are entitled to receive.
Where a court finds that the claimant's own negligence — such as not wearing a helmet, or jaywalking — contributed to the accident or the extent of injury, the compensation awarded can be proportionately reduced to reflect their share of fault.
Establishing the exact percentage of contributory negligence is a fact-specific exercise the tribunal undertakes based on the evidence in each case.
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