What contributory negligence means
Contributory negligence is the legal term for being partly responsible for your own injury. Under the Law Reform (Contributory Negligence) Act 1945, it does not stop you claiming. Instead the court reduces your compensation "to such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility for the damage".
That is different from some US states, where being mostly at fault can wipe out a claim completely. In England and Wales, even if you were more to blame than the other person, you can usually recover something.
How the reduction works
The percentage is applied to the whole award: compensation for the injury itself and your financial losses. If your claim is worth £20,000 in full and you are found 30% to blame, you receive £14,000.
The other side has to prove that you were at fault and that your fault contributed to the injury. It is not enough to show you did something careless if it made no difference to what happened to you.
Seatbelts: the usual deductions
The leading case on seatbelts, Froom v Butcher (1976), set guidance that courts still follow:
| Effect of not wearing a seatbelt | Usual reduction |
|---|---|
| A seatbelt would have prevented the injury altogether | 25% |
| A seatbelt would have made the injury considerably less severe | 15% |
| A seatbelt would have made no difference | None |
The insurer usually needs medical evidence to show which category applies. Exceptions are rare, but can include a medical exemption from wearing a belt.
Cyclists, pedestrians and passengers
Cyclists without helmets. A reduction is only made if the insurer proves a helmet would have prevented or reduced the particular injury. Many cycling injuries, such as broken legs or wrists, have nothing to do with a helmet.
Pedestrians. Courts look at the whole picture. A pedestrian who steps out without looking may be partly to blame, but drivers are expected to take great care because a car can cause far more harm. The Supreme Court in Jackson v Murray (2015) reduced a pedestrian's share of responsibility for that reason.
Passengers. Getting into a car with a driver you know is drunk can lead to a reduction. So can failing to wear a seatbelt as a passenger.
Children. Young children are rarely found contributorily negligent. The court judges a child against what could reasonably be expected of a child of that age.
Accidents at work and in public places
In workplace claims, the employer's duties are strict and the standard for finding an employee partly to blame is high. A reduction is more likely where an employee deliberately ignored clear training or safety equipment that was provided and would have prevented the injury.
In trips and falls, a reduction may be argued if the hazard was obvious and you were not looking where you were going, for example while using your phone.
How it affects your claim in practice
- Offers. Insurers often accept fault but argue you were partly to blame. An offer of "75% liability" means they will pay three quarters of the full value.
- Small claims. In road traffic claims through the Official Injury Claim service, a disputed contributory negligence argument can mean a court hearing.
- Negotiation. The percentage is often negotiable. Photos, witness statements, dashcam footage and medical evidence about whether a seatbelt would have made a difference all matter.
Our UK compensation calculator and whiplash calculator let you enter a percentage of blame and see the effect on your total.
Calculator
See how blame changes your compensation
Work accidents, trips and falls, fractures. Guideline brackets plus your losses.
A worked example
Tom is injured when another driver pulls out in front of him. His shoulder injury falls in the moderate bracket and he lost £3,000 in earnings. The insurer accepts fault but says Tom was speeding, and he was not wearing his seatbelt. The medical expert says a seatbelt would have made the injury considerably less severe.
The parties agree 15% for the seatbelt. If a court had also found that the speeding contributed, the percentage could be higher. Tom's compensation for the injury and his lost earnings are both reduced by the agreed percentage.
Getting advice
If the insurer is arguing for a large reduction, it can be worth a free consultation with a solicitor, especially where the claim is above the small claims limits and legal costs are recoverable. Our guides to no win no fee agreements and special damages explain the rest of the picture.