By displaying even a minor level of careless and neglectful behavior, a plaintiff can make the job easier for the defendant’s legal team. That team can present evidence of contributory negligence on the part of the plaintiff. Hence the defense Personal Injury Lawyer in Burlington could argue for a reduction in the size of the compensation that will be awarded to that same plaintiff.
Members of the court would raise this question: What percentage of the damages did the victim (the plaintiff) cause? If it was a large percentage, then that plaintiff’s role in a given accident aided introduction of certain influences. Those were the influences created by contributory negligence.
The term contributory negligence does not always refer to performance of a specific action. It can also call attention to the failure to carry out a recommended action. For instance, when a passenger in a car elects to dispense with wearing a seat belt, that same passenger has contributed to any collection of examples of negligence. Such an example would weaken the driver’s case, if the same driver’s vehicle got hit by a different and negligent driver.
What are some other examples of contributory negligence?
A drunk driver or one that is high on drugs fails to take reasonable actions, in order to avoid a collision. Even if the other driver somehow caused that particular collision, the blood alcohol level in the first driver would influence the size of any awarded compensation. It would make the size of that compensation much lower.
A passenger agrees to ride in a car that has four people in the back seat. That automobile gets hit by another driver, and the passenger without a seat belt gets injured. The same passenger tries to gain compensation for the resulting injuries. Due to the passenger’s willingness to enter an unsafe setting, the court feels legally bound to reduce the size of the awarded compensation.
An adult talks on a cell phone while approaching an intersection. Being distracted, that adult does not see that the car in front has chosen to back up for some reason. The auto with the cell phone user at the wheel gets hit. The size of the awarded compensation gets reduced, because distracted driving qualifies as contributory negligence.
A driver in the right hand lane foolishly tries to negotiate a left hand turn. An oncoming driver speeds through the intersection, wanting to avoid a red light. The foolish driver gets hit. The same driver’s actions fall under the heading of contributory negligence. Hence, the compensation awarded to that same driver is less than it could have been. All drivers should take care of themselves and refrain from engaging in careless and neglectful behavior.
