There can be certain accident circumstances in which more than one party is held to be at fault. Where both drivers do something which contributes to the incident the level of their compensation can be reduced to reflect the level of their fault. For example, a case may be valued at £5,000. If this case is found to be equally the fault of each driver, a 50/50, then damages would be awarded at £2,500. This is because it’s reduced by the 50% accident contribution of the claimant.
An example of this can be seen in a motorcycle accident claim we settled for one of our clients. The accident took place on an A-road near Stafford. Our client was proceeding along the road when a car pulled out from a junction ahead. He tried to avoid a collision by steering towards the kerb but ended up hitting the kerb and being thrown from his bike.
Our client sustained bruising all over, with lacerations to both of his ankles and a fracture to his collarbone. He was knocked unconscious after the impact. Our client approached us after the accident when he had obtained photographs of the accident location. This was very helpful in establishing how the accident had taken place and the position of each vehicle. Therefore, when the defendant denied liability in total for the accident we were determined to prove otherwise.
Using case law which supported that an accident such as this cannot hold the motorcyclist solely at fault if the car has pulled out when clearly unsafe to do so, we achieved a split liability of 75/25 in our client’s favour. Our client’s case was settled with an award of over £10,000 after the 25% liability deduction. He was very happy with the result, as without our help he said he may well have experienced the injustice of being held fully at fault.