Contributory negligence

Can I Still Recover Compensation If I’m Partially Responsible for An Accident?

Contributory negligence operates on the principle that if the injured party's own negligence contributed to the accident or injury, they may be barred from recovering any compensation from the other party involved. This doctrine follows a strict all-or-nothing approach, meaning that if the injured party is found to be even slightly negligent, they are completely barred from receiving any damages. This principle has been subject to criticism due to its harshness and inflexibility, which led many jurisdictions to adopt the concept of comparative negligence as a fairer alternative.

In states that still uphold the doctrine of contributory negligence, the injured party's negligence is assessed alongside the defendant's negligence. If the court finds that the injured party's negligence contributed to their own injuries, it may result in a complete denial of compensation, regardless of the extent of the defendant's fault. For example, if a pedestrian crosses the road against a red light and is hit by a speeding car, the court may find that the pedestrian's contributory negligence in disregarding traffic laws contributed to the accident, thus barring them from seeking damages from the driver.

Should I Hire An Attorney if Negligence is Unclear?

If you’re not sure whether you’re partially to blame for an accident, a personal injury lawyer can help you during this process in many ways:

Here's why:

• In contributory negligence cases, effective legal representation is crucial to present a compelling argument and mitigate any allegations of negligence against you. A personal injury lawyer will strategize the best approach to defend your rights and interests, utilizing their negotiation skills to maximize your compensation.
• Gathering and presenting compelling evidence is vital in contributory negligence cases. A personal injury attorney has the resources and network to conduct a comprehensive investigation, collect relevant evidence, interview witnesses, and consult with expert witnesses if necessary. They will ensure that no stone is left unturned in building a robust case in your favor.
• Even in cases where contributory negligence is established, a lawyer will work tirelessly to pursue any available avenues for compensation. They will explore alternative legal theories, such as last clear chance or comparative negligence if applicable, to secure the maximum compensation possible for your injuries and damages.

Contact Us Today!

By speaking with a personal injury lawyer from MVP Accident Attorneys, you can increase your chances of recovering the compensation you deserve. Our dedicated team of legal professionals will guide you through every step of the legal process, protecting your rights and advocating for your best interests.

Schedule a free consultation with a personal injury lawyer at MVP Accident Attorneys today to learn how we can help.

Author

Brett Sachs

Founder

Brett S. Sachs graduated from Michigan State University College of Law with Cum Laude Honors. While attending Michigan State, Brett was awarded for his service in the Michigan State University College of Law Civil Rights Clinic, where he represented prisoners of the Michigan Department of Corrections from injustices brought upon them. Learn more.