In Western Australia, contributory negligence is a legal concept that applies to personal injury claims. Did you know that pedestrians must have a duty of care to take reasonable precautions to ensure their own safety when using public roads and footpaths? If a pedestrian fails to take reasonable care for their own safety and their actions contribute to an accident or injury, they may be found to be partially at fault. This is known as contributory negligence, and in such cases, the pedestrian’s compensation may be reduced proportionally to the degree to which their own actions contributed to the accident or injury.
For example, if a pedestrian is hit by a car while crossing a busy road outside of a marked pedestrian crossing, and it is found that the pedestrian was not taking reasonable care for their own safety, the pedestrian may be found to be partially at fault. If the court determines that the pedestrian was 50% responsible for the accident, their compensation may be reduced by 50%.
In some cases, both the pedestrian and the driver of the vehicle may be found to be partially at fault. In such cases, the court will determine the degree to which each party contributed to the accident and reduce compensation accordingly.
Not wearing a helmet while riding a bicycle, motorcycle, or e-rideable such as an e- scooter is another example of contributory negligence in Western Australia. Failure to wear a helmet can result in a reduction in compensation in the event of an accident.
It is important for pedestrians, cyclists, motorcyclists, parents, and caregivers in Western Australia to understand the legal implications of contributory negligence and to take appropriate safety precautions when using public roads and footpaths or supervising children in public places. If you have been involved in an accident as a pedestrian, cyclist, or motorcyclist, or if your child has been injured while left unattended in a public place, it is important to seek legal advice to determine your rights and obligations under Western Australian law. A personal injury expert can help you navigate the legal system, negotiate with insurance companies, and ensure that you receive the compensation you are entitled to under the law.
Our team deals with thousands of personal injury enquiries every year and is experienced in managing a wide variety of accidents. They’re legal experts who will listen to your side of the story and advise you for free on whether you have a valid claim.
Once you have your free initial advice, we can then work with you throughout the entire process, ensuring you achieve the best possible financial, physical and psychological outcome for your claim.
Book an appointment today for a free initial assessment to make sure you’re getting the compensation that you are entitled to.
