Road Traffic Accident with Disputed Liability

The Incident

Mr R approached us after being involved in a road traffic accident. He had exited a side junction and was initially held fully responsible by the other driver’s insurer.

Legal Insight: Contributory Negligence in Scots Law

In Scotland, even if you are partially at fault, you can still claim compensation. Your award of compensation will be reduced in proportion with the amount you are deemed to be at fault – this is known as the principle of contributory negligence -i.e. you are deemed to have contributed to the accident as a result of your own negligence.

In such cases, liability is split based on each party’s contribution to the incident. This area of law can complex, but a knowledgeable road traffic accident solicitor can make a significant difference.

The Outcome

We examined the details and successfully argued for a 60/40 liability split—significantly reducing Mr R’s fault. This meant he still received compensation, though reduced to reflect his partial liability. Without our intervention, Mr R would have been unfairly left uncompensated.

This case demonstrates why you should speak to a personal injury solicitor after an accident, regardless of whether you believe (or are told) you are at fault.