Personal Injury Compensation and Accident Claims

Legal Update – Road Traffic Accidents

A recent article published in the Sept. 2012 issue of PI Focus has given us updates and clarifications regarding road traffic accident claims and compensation. The article describes reductions for damages depending on whether or not a seat belt was worn and how it would affect the claim. The original article can be found below:

Roger Cooper reviews the circumstances in which a reduction in award will be made on account of contributory negligence. In the case of Froom v Butcher [1976] QB 286, the failure to wear a seat belt was established as contributory negligence. Damages, however, were not apportioned on the basis of a prolonged enquiry into the degree of blameworthiness on each side; instead, if failure to wear a seat belt made no difference in the severity of the injuries, then there should be no reduction for contributory negligence. If the wearing of a seat belt would have made all the difference and the injury would have been prevented altogether, the reduction should be 25 per cent, with 15 per cent reduction if the seat belt would have made a considerable difference. The principles established in Froom have been applied to cases in which there has been a failure to seat or in using the appropriate seat for the child’s age and size and in the wearing of cycling helmets.

As you can can see, it is important not only to wear seat belts for your own safety but can have a large effect on your compensation claims in the case of an unfortunate accident. If you have been in an accident and believe that you are eligible to claim, contact AJR Solicitors to speak directly to one of our experts regarding road traffic accident claims.

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