Contributory negligence is a legal principle that is applied to personal injury claims. It involves the assessment of the extent to which a claimant has contributed to their own injury or loss. In the context of road accidents in Western Australia, contributory negligence can arise when both parties were at fault. In this article, we will explore contributory negligence on the roads in Western Australia and its implications for personal injury claims.
According to statistics from the Western Australian Road Safety Commission, there were 144 road fatalities in 2021, which was a 16% increase from the previous year. Of these fatalities, 60% were drivers, 24% were passengers, and 16% were pedestrians, motorcyclists, or cyclists. In addition to fatalities, there were 1,401 serious injuries and 6,981 minor injuries on Western Australian roads in 2021.
Contributory negligence can arise in various situations on the roads in Western Australia, including:
Failing to wear a seatbelt: According to the Road Safety Commission, 16% of drivers and passengers killed in car accidents in 2021 were not wearing a seatbelt.
Speeding: Speeding was a factor in 28% of fatal crashes in Western Australia in 2021, according to the Road Safety Commission.
Driving under the influence: Alcohol or drugs were a factor in 27% of fatal crashes in Western Australia in 2021, according to the Road Safety Commission.
Pedestrian actions: Pedestrians were involved in 13% of fatal crashes in Western Australia in 2021, with factors such as jaywalking or crossing without using a pedestrian crossing contributing to their involvement.
If an injured person is found to have contributed to their own injury or loss, the court may find them partially at fault for the accident and reduce the amount of compensation they are entitled to receive. This means that the person’s actions or omissions will be taken into account when determining the amount of compensation they will receive.
Contributory negligence can have significant implications for personal injury claims in Western Australia. If an injured person is found to have been partially at fault for an accident, the amount of compensation they are entitled to receive will be reduced proportionally. It is crucial for all road users to be aware of their obligations and responsibilities to avoid contributing to accidents and potential personal injury claims.
In conclusion, contributory negligence is a legal principle that applies to personal injury claims in Western Australia, and it can arise in various situations on the roads. By understanding its implications and taking responsibility for their actions, road users can help prevent accidents and personal injury claims.
Our team deals with thousands of personal injury enquiries every year and is experienced in managing a wide variety of accidents including ensuring the claimant is supported in a contributory negligence claim.
Book an appointment today for a free initial assessment to make sure you’re getting the compensation that you are entitled to.