Contributory Negligence

News & Analysis as of

Contributory negligence assessment increased for pedestrian

In the Nominal Defendant v Ross [2014] NSWCA 212, the NSW Court of Appeal increased the contributory negligence assessment, reducing the Respondent’s award of damages from $328,000 to $266,939. The basis for this decision was...more

What If I Caused Part Of The Accident?

Even if you are partially responsible for an accident, you are still entitled to compensation for your injuries. Very few jurisdictions prevent recovery for injuries sustained in an accident where you are partially at fault....more

What if You Were Partially at Fault for Your Accident?

Everyone makes mistakes, especially on the road. However, many injured motorists incorrectly believe that if their own negligence contributed to their injuries in any way, they are wholly unable to recover legal compensation....more

Understanding the Difference Between Contributory and Comparative Negligence

In a car or trucking accident, contributory and comparative negligence are defenses that can sometimes be used to determine the degree of fault each driver has for the accident. They also affect how much financial...more

Why You May Still Have A Case Even If You Were Partially At Fault

It is a common and dangerous misconception that a driver cannot recover for injuries if partially at fault. This is based on the common law concept of contributory negligence....more

Maryland’s Highest Court Rules It Would Be Contrary to Legislative Mandates for the Maryland Judiciary to Abrogate the...

Writing for the majority in James K. Coleman v. Soccer Association of Columbia (No. 9, September Term, 2012), Judge John C. Eldridge explained that, even though the court has the authority to abrogate the contributory...more

Contributory Negligence Fights Off Extinction Yet Again

Being one of only five States (including the District of Columbia) that still recognizes the affirmative defense of contributory negligence as a complete bar to a tort plaintiff’s recovery in a negligence action, Maryland has...more

Injured in an Accident? Did You Do Anything to Cause the Accident? Then, $0 For You In Maryland!

Maryland’s highest court, the Court of Appeals, has ruled that if you contribute to your claimed injuries, even if the other party is primarily at fault, then you cannot recover damages for your injuries. This doctrine,...more

What Is The Importance Of Establishing Fault In An Auto Accident?

Your ability to receive compensation for injury in Seattle auto accidents largely depends on who was at fault in the accident, and to what degree that person was at fault....more

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