If you’ve had an accident but feel that you may be partly responsible, you might wonder whether you can still claim compensation. The good news is – you often can. UK law recognises that more than one person can share fault for an incident. This is known as contributory negligence.
Let’s break it down so you know your rights and how it all works.
Can You Still Make a Claim if You’re Partly at Fault?
Yes. Being partly to blame does not automatically stop you from claiming compensation. The legal system takes a fair approach by allowing claims even if you contributed to the accident, as long as someone else was also at fault.
You could still make a successful personal injury claim, but the amount you receive will likely be reduced to reflect your share of responsibility.
What Is Contributory Negligence?
Contributory negligence means that the injured person (you) may have played a part in causing the accident or making the injuries worse. It’s a legal concept used to apportion blame between you and the other party involved.
For example:
- If you weren’t wearing a seatbelt during a car crash, you might be held partially responsible for the severity of your injuries.
- If you ignored warning signs on a wet floor and slipped, but the sign wasn’t visible enough, both you and the premises owner could share the blame.
How Is Blame Shared?
Each case is different, but the court or insurance company will try to work out who was responsible and what percentage of blame falls on each person.
Here’s how it typically works:
- 100% blame on the other party: You get full compensation.
- 75% blame on the other party and 25% on you: You get 75% of the compensation amount.
- 50/50: You receive half the amount.
This approach helps ensure that all parties are treated fairly and proportionately.
Common Examples of Shared Blame
To give you a better idea, here are a few real-life examples where both sides might share responsibility:
| Scenario | Shared Blame Example |
| Car accident | You were hit by a speeding driver, but you were using your mobile phone at the time. |
| Cycling accident | A car pulls out without looking, but you were cycling without lights at night. |
| Workplace injury | Machinery wasn’t properly maintained, but you were also not wearing safety gloves. |
| Slip and trip | A shop floor was wet with no warning sign, but you were running in the store. |
Will Your Claim Be Affected?
Yes, but not necessarily in a bad way. The court will reduce your compensation by the percentage of blame you are found to carry. So if you are 20% responsible, you’ll still get 80% of the full amount.
This applies to all kinds of claims, including:
- Road traffic accidents
- Accidents at work
- Public liability claims (slips, trips, etc.)
- Medical negligence
- Product liability
How Is Contributory Negligence Decided?
It depends on the facts of the case, and often involves:
- Witness statements
- CCTV or video footage
- Expert reports
- Police or accident reports
In many cases, it’s your solicitor’s job to argue that your share of blame is minimal, and the majority lies with the other party.
Can the Other Side Use This Against You?
Yes. Insurance companies or defendants might try to reduce their liability by arguing that you were partly to blame. That’s why it’s important to:
- Be honest about what happened
- Work with an experienced solicitor
- Collect strong evidence that supports your case
Should You Still Pursue a Claim?
Absolutely. Even if you’re partly at fault, you might still receive a meaningful payout to help cover medical bills, lost income, and pain and suffering. It’s better to explore your options than assume you’re not entitled to anything.
Many solicitors offer No Win No Fee agreements, so there’s no upfront cost to find out if your case is worth pursuing.
How a Solicitor Can Help
A good solicitor will:
- Assess how much blame (if any) you might carry
- Help you gather evidence
- Negotiate with the other party or insurers
- Argue for the maximum compensation possible
They’ll also guide you on whether a settlement is fair or if you should take it to court.
Example Case Study
Tom’s Workplace Injury
Tom was working on a construction site when scaffolding collapsed due to poor installation. However, he had failed to wear his safety harness. The court found that the employer was 80% responsible for unsafe equipment, but Tom was 20% at fault for not wearing proper gear.
Outcome: He received 80% of the full compensation amount – still a significant sum to cover his injuries and time off work.
Time Limits Still Apply
Even if you’re partly at fault, the standard time limits for personal injury claims apply:
- 3 years from the date of the accident (in most cases)
- Different rules apply for children or those lacking mental capacity
So don’t delay in seeking advice, especially if you’re unsure about fault.
Final Thoughts
Don’t let guilt or uncertainty stop you from seeking justice. Being partly to blame doesn’t mean you’re not entitled to compensation. The law is designed to be fair and balanced – and many people successfully claim even with shared fault.
If in doubt, speak to a personal injury solicitor and get the clarity you need. It costs nothing to ask – and could make a big difference to your recovery.