I wish to make a compensation claim for a moped accident but I have been told that contributory negligence may be a factor in my compensation — how is this possible?
A compensation claim for a moped accident can be affected if contributory negligence was a factor in your accident or injury. You are owed a duty of care from other road users, and should they fail to perform this duty of care you may be entitled to moped accident compensation. However it should also be remembered that their duty of care is not absolute, and if it is considered that you suffered an injury in a moped accident due — in part — to your own negligence, your compensation can be reduced as a result. Whether contributory negligence is a factor in your injury can be difficult to establish, and if you believe that it may be a factor you are advised to contact a personal injury solicitor at the earliest opportunity to assess your accident on a moped.
First, it is necessary to determine why you would be entitled to make a compensation claim for a moped accident in the first place. It may be the situation that you sustained an injury in a moped accident because of the carelessness of another driver who had broken the rules of the road — for instance, if the driver was breaking the speed limit or driving erratically. It may also occur that your accident on a moped occurred because the road surface was unsafe to drive upon or due to the negligence of road workers. In these situations, moped accident compensation can be sought against the insurance policy of the negligent driver or against the local council if they were responsible for the upkeep of the road.
Contributory negligence can affect your compensation claim for a moped accident if you caused — or contributed to — your accident or injuries. For instance, if you were involved in a collision with another vehicle, contributory negligence may be a factor in your injury in a moped accident if the accident was made worse by the fact that you were travelling too fast as well. It may also be the situation that your accident on a moped was caused by your failure to obey warning signs at an area in which the road surface was uneven or being worked upon. Whether moped accident compensation would be worth pursuing in this situation will depend upon the specific circumstances surrounding your accident.
Claiming moped accident compensation is not impossible if you have been the victim of negligence. However the amount of compensation you may be entitled to claim can be reduced if it is established that you were partially liable for your injury in a moped accident. For instance, if you are determined to be 25% liable for your accident on a moped, the amount of compensation you may be entitled to claim will also be reduced by 25%. Claims involving contributory negligence may be more difficult to pursue, and for this reason a compensation claim for a moped accident should always be made with the assistance of a personal injury solicitor.
