Can you fight contributory negligence in a motorbike injury case?

Contributory negligence is a term used for where a victim claiming in an accident is found to be partially at fault for the accident, or for the extent of their injuries. It’s a typical argument in motorbike injury claims, especially where the injuries are serious; and they often are.

Contributory negligence often means the claimant will face a reduction of the payout. It’s usually worked out on a percentage basis. For example, if a biker is found to be 20% responsible for their injuries, then they will receive 80% of their damages. The reduction is designed to reflect the “fault” on the part of the rider.

So, can you fight it?

Get a lawyer!

Our advice is to never go it alone, and always get a lawyer!

Research has shown that you can receive more damages when you instruct a proper personal injury lawyer to fight your case. It may be tempting to go it alone and “avoid” the lawyers, but this really isn’t in your best interests in our view. We lawyers are here to help you, and that’s our job! We’re on your side so you don’t have to go it alone!

Instructing a lawyer can give you the expert representation and a team who can fight for your rights to avoid facing deductions for contributory negligence.

Go one step further – get an expert lawyer!

Get a specialist lawyer with extensive experience in helping motorbike accident victims. Our team have been helping bikers for years, and we’re used to fighting hard to ensure our clients receive the highest possible payout.

It’s so common in serious motorbike injury claims for contributory negligence to be alleged, and when you’re up against some of the biggest insurers in the world, who often instruct expensive lawyers themselves, you need some specialist legal might; and that’s exactly what we offer.

Follow the rules of the road

It might be a bit late to say this retrospectively, but contributory negligence usually comes down to bikers riding dangerously or not wearing proper protective clothing.

A failure to wear a helmet is one of the most common arguments that lead to contributory negligence issues that are hard to turn around. You should wear a helmet, so if you didn’t, and you suffer a head injury, you will likely be found to bear some blame in the eyes of the law.

What we can do is argue to limit the contributory negligence as much as possible.

So, can you fight it? With a good lawyer, yes!