Partial Blame

Concerned about liability, fault or being partly to blame for an accident?

We specialise in difficult liability cases

The cause of an accident isn’t always obvious. So, if you or someone you care for has been involved in one, it’s understandable to ask yourself who was to blame. You may wonder if something you did or didn’t do makes you partly responsible. You might even blame yourself completely.

It’s a common feeling. Many people are too scared to seek compensation for their injuries, simply because they believe that a mistake means they can’t seek legal advice; perhaps they were speeding, not paying attention, or had forgotten to put on safety equipment.

Added to the pain of injury, this often leaves people feeling helpless or uncertain about the future. They need help, but think that they may not be entitled to it.

If you feel the same way, Serious Injury Law can help you make a claim.

With over 33 years of experience in dealing with complex accident cases and difficult liability situations, we’ve acted for many hundreds of clients who didn’t think that they had a case, until they spoke to us. In most cases, we secured the substantial compensation our clients needed to help them recover.

We can do the same for you. Talk to our expert solicitors today for reassuring advice. We’re here to help you.

Shared fault or liability

It’s not enough to say who caused an accident, because that means it becomes one party’s word against another. Instead, it must be proved. That’s why it’s important to know that blame (or liability) can be shared anywhere from 100% one party’s fault to 100% the other way. Blame shared equally means that each party receives 50% of the value of their claim.

Shared liability is most common in road accidents. For example, if you pull out of a side road and hit a vehicle on the main road, you would usually be fully to blame. However, if the other driver gives a misleading signal, indicating an intention to turn into the side road, they may share some of the blame.

In such cases, you can still make a claim. We perform in-depth investigations, arrange expert accident reports, and use our considerable experience to ensure that you get the best possible outcome. We understand that you will be worried about your situation, so our solicitors work hard to keep you informed at every stage.

Plus, if you find the idea of going to court daunting, be reassured that it’s very unlikely. In most cases, our professional team negotiate with the other side’s insurers to decide both the amount of shared liability and your compensation – long before court is an option. Read our case study below to see how it works.

A successful case

Jacqui, aged 15*, didn’t look before crossing a main road. She walked in front of a car travelling within the speed limit and suffered a head injury. Initially, her parents thought she didn’t have a case. Fortunately, they contacted Serious Injury Law. We analysed the accident circumstances, police report, photographs, and sketch plans of the incident scene. We constructed a strong case and negotiated with the driver’s insurance company, who eventually accepted a share of the blame. This led to Jacqui receiving a substantial six-figure award, which helped her go on to make a strong recovery.

*Name and age changed to protect client identity

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The legal aspect

To secure your compensation award, our solicitors work to prove liability and negligence for the accident. These legal terms can be confusing, so it may help you to know what they mean for your case:

Liability describes fault or blame.

It refers to the person or organisation responsible for causing the injury to the claimant.
You’re liable if you cause injury through conduct deemed substandard by the courts, even if you tried your best.

Negligence means careless behaviour.

If someone is negligent and causes an accident, it doesn’t necessarily mean that they meant to do it.
You are not negligent if you ignore the safety of others, but are fortunate to cause no injury.

Our solicitors prove negligence by showing that:

The defendant owed you a duty of care e.g. a driver in a side road gives you right of way.
The defendant has breached that duty of care e.g. the driver pulls out into your path.
Your injury and losses flow directly from the defendant’s breach of duty e.g. the driver’s actions cause your injury.

The courts judge each party’s conduct objectively. They consider what the ‘reasonable man’ would have done in the defendant’s position, before deciding the level of shared liability and compensation to award.