Search
Close this search box.
(08) 6149 1600

News

Share

Understanding Contributory Negligence for Pedestrian Accidents in Australia

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.

Follow Us

Latest

Learn more from our experts on staying safe at work or on the road,
and what to do when you’re in an accident. You can also find the
latest updates from Accident Claims Lawyers on our services.

Understanding Workers’ Compensation in Western Australia: A Comprehensive Guide  

Workers' compensation laws in Western Australia are designed to protect employees who suffer injuries or illnesses in the workplace. For accident claims lawyers, navigating these laws and assisting injured workers is crucial. Understanding the nuances of this legal landscape can significantly impact the success of claims.

Common Workplace Accidents in Western Australia and Prevention Measures

Workplace accidents can occur in any line of work, whether it’s in an office setting or on a construction site. Unfortunately, workplace accidents are not uncommon in Western Australia, and they can have serious consequences for both the worker and the employer.

Are Electric Vehicles Making Australian Roads Less Safe?

Those living in Australia will be forced to adopt more eco-friendly alternatives to daily life – from alternative modes of transport to the choice of our cars. As a major exporter of both fossil fuels and critical minerals used in many clean energy technologies, in 2022, the Australian government doubled the target for emissions reductions by 2030 and set the goal of reaching net zero emissions by 2050.

Can't find what you are looking for? Call us today.

Our expert team are on hand to discuss your case.

Simply fill out your details and we’ll be in touch to guide and support you through the next steps.

For more information, please read our privacy policy here. By submitting this web form, you are consenting to your personal data being used for the purposes set out in the privacy policy.

Fill in the form to arrange a chat with one of our experts

For more information, please read our privacy policy here. By submitting this web form, you are consenting to your personal data being used for the purposes set out in the privacy policy.