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Accident Largely Your Own Fault? You Can Still Gain Compensation

People frequently suffer injury principally as a result of their own carelessness. As a High Court case strikingly showed, however, that does not mean they cannot win compensation where the injury they suffered was partly because of the negligent action of someone else.

The case concerned a young man who was left paralysed from the chest down after his motorbike collided with a car that had turned across his path. He frankly admitted that he was travelling at a grossly excessive speed at the time. He had overtaken a bus at high velocity and eyewitnesses had commented on his appalling driving.

However, with the benefit of strong legal representation he succeeded in proving that the car's driver was one-third responsible for the accident. A judge found that the motorcyclist was 'there to be seen' and that the driver had been negligent in failing to take a final look up the road before commencing his turn.

The amount of the motorcyclist's damages award has yet to be assessed. However, given the extent of his pain and suffering, lost earnings and long-term care needs, it is likely to be a seven-figure sum, even after a two-thirds deduction.

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This case shows how dedicated and experienced legal representation can be vital. If you have suffered an accident which was not your fault, or for which you were only partly to blame, we can advise you on the possibility of claiming compensation.
Although correct at the time of publication, the contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.