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Split Liability Motorbike Accident Claims
To make a successful motorcycle accident claim, you must prove that another person’s negligence caused the accident. Many cases are resolved through negotiations, and it is not uncommon for settlements to involve a determination of split liability. Whilst you cannot claim if you are entirely at fault, you may still be able to do so if you were partly to blame for causing the accident.
In this guide, we will outline the primary factors involved when pursuing a motorcycle accident claim that was partly your fault, detailing how contributory negligence might impact your compensation and how to navigate the legal process and improve your chances of success.
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It is not always obvious who is responsible or proportionately more at fault for causing a motorcycle accident, and the law used to determine liability is often quite complicated.
You may think you were at fault for a motorbike accident, but knowing who is liable can be difficult without a proper investigation. Therefore, it is recommended that you pursue legal advice from a specialised motorcycle accident attorney when seeking to claim for a road traffic accident for which you think you were partly to blame.
A solicitor will investigate the event and any relevant evidence to reveal which party was at fault, determining whether you were completely, partially or not at all responsible for the accident, and then proceeding accordingly. In some cases, an external party could be at fault, like a construction company if the accident is due to problems with the road or a motorcycle company if the accident occurs because of a mechanical fault. However, having a legal representative in your corner will increase the chances of you still receiving compensation at a reduced amount if you were partially to blame.
Split liability involves dividing the responsibility between the parties involved based on their specific contributions to the incident. For example, if a motorcyclist and a car driver are both determined at fault, the liability might be apportioned, with the car driver being 70% liable and the motorcyclist 30% liable. The main difference between split liability and contributory negligence is that split liability refers to cases where both parties are considered partially at fault for causing the accident itself. The liability (responsibility) for the accident is split between the parties based on their degree of fault.
For instance, in a situation where two cars collide at a junction because both drivers failed to properly yield, the accident is an example of split liability. In such cases, the claimant receives a percentage of the full compensation based on the liability split.
In contrast to split liability, contributory negligence involves the court reducing the compensation awarded to the claimant based on their responsibility for the accident and the injuries they may have sustained. Contributory negligence specifically refers to situations where the injured party (the claimant) is found to have contributed to their own injuries, even if they were not at fault for causing the accident.
If contributory negligence is proven, the court will determine a reasonable reduction in damages, which can be substantial. For example, if the claimant is deemed 50% liable for their own damages, their compensation will be halved.
An example of contributory negligence is when a passenger is injured in a car accident but wasn't wearing a seatbelt, worsening their injuries. The defendant must present evidence to support claims of contributory negligence, proposing a fairer percentage split of liability. If the involved parties cannot agree, a judge will decide the appropriate split. Therefore, engaging a specialist personal injury solicitor for representation is vital.
In cases of contributory negligence, the total compensation is reduced by a percentage to account for the claimant's contribution to their injuries.
Contributory negligence occurs when an injured party of an accident is found to have contributed to their own harm through their actions. Some examples of contributory negligence in motorcycle accidents include:
In such cases, the degree of contributory negligence can affect the compensation you may receive for your injuries. The more you are found at fault, the less compensation you may be entitled to.
Your solicitor will negotiate with the third party’s insurer to agree on the proportion of split liability and contributory negligence, presenting evidence and arguing for a fair assessment of the fault. If both sides fail to reach an agreement, the case will proceed to court, where a judge will evaluate the evidence and decide on the proportion of liability and contributory negligence. The judge’s decision will be based on the specifics of the accident and each party’s contribution.
Understanding the legal complexities of split liability and contributory negligence in motorcycle accidents can be challenging without professional guidance. We strongly recommend seeking legal advice to improve your chances of a successful claim. For more detailed information, visit our page on how to make a motorcycle accident compensation claim.
If you are looking to secure compensation for your injuries following a Motorcycle Accident and you want free advice from a fully qualified solicitor, then please contact us now. Using one of our No Win No Fee Solicitors ensures that you have a better chance of winning your case and receiving the reward and help that you are entitled to all on a No Win No Fee basis. This means that you won't have any legal costs to pay if your case is unsuccessful so No Win No Fee = No Risk To You.
Richard Layfield LLB (Hons)
Solicitor - Head of Personal Injury & Clinical Negligence
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Paul Rossiter
Paul Rossiter LLB (Hons)
Managing Director
Richard Layfield
Mark House
Mark House LLB (Hons)
Solicitor - Head of Litigation
Jasmine Ostanek
Jasmine Ostanek LLB (Hons)
Solicitor
Georgia Purcell
Georgia Purcell LLM (Hons)
Alyssia King
Emily Williams
Personal Injury Solicitor
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