Can I Claim If I Was Partly at Fault for My Accident?

What is Contributory Negligence?

Contributory negligence occurs when a pursuer (the person making the claim) is found to have contributed to their own injury by their own fault. In Scotland, contributory negligence does not bar a claim entirely — instead, it reduces the amount of compensation you receive by a percentage that reflects your share of the responsibility.

For example, if you are found to be 25% contributory negligent, your compensation would be reduced by 25%. If you are found to be 50% at fault, your compensation would be halved. The court or parties' insurers will apportion blame based on the evidence.

Common Examples of Contributory Negligence

• Not wearing a seatbelt in a road traffic accident (typically 15-25% reduction)
• Wearing no or an inappropriate cycling helmet
• Being distracted on a mobile phone as a pedestrian
• Ignoring safety instructions or wearing protective equipment provided by your employer
• Being aware of a hazard but failing to take reasonable care for your own safety

Even if Partly At Fault, You May Still Receive Significant Compensation

Many successful personal injury claims in Scotland involve a degree of contributory negligence. The key question is not whether you were entirely blameless, but whether the other party was also at fault, and to what degree. A solicitor will assess the likely apportionment of blame and advise on its effect on the value of your claim.

What If I am Mostly at Fault?

If you were primarily responsible for your accident — for example, if you were entirely at fault for a road traffic accident — you would not generally have a valid claim against the other party. However, the position is not always clear-cut. Many accidents involve contributions from multiple parties. Your solicitor will assess the facts honestly and advise on the viability of your claim.

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