You may still be able to make a personal injury claim if you were partly responsible for an accident. Personal injury claims are not always straightforward, and responsibility for an accident can sometimes be shared between more than one person.

In Northern Ireland, a claim may still be possible where another person, employer, driver, business or organisation also contributed to the accident. However, if you were partly at fault, any compensation may be reduced to reflect your share of responsibility.

P.A. Duffy & Co Solicitors advise clients in Belfast, Dungannon and throughout Northern Ireland on personal injury claims involving liability disputes, contributory negligence and shared responsibility.

Can I Claim If I Was Partly at Fault?

You may be able to claim if you were partly at fault, provided another party also owed you a duty of care and breached that duty.

For example, a claim may still be possible where:

• another driver was mainly responsible for a road traffic accident;

• an employer failed to provide a safe working environment;

• a business failed to deal with a hazard;

• a public place was unsafe;

• safety warnings were missing or inadequate;

• more than one person contributed to the accident.

Each case depends on the evidence. A solicitor can assess what happened and advise whether another party may still be legally responsible.

What Is Contributory Negligence?

Contributory negligence is where an injured person is found to have contributed to their own accident or injury.

If contributory negligence applies, compensation may be reduced by a percentage. The reduction will depend on the level of responsibility attributed to the injured person.

For example, if a person is found to be partly responsible, their compensation may be reduced to reflect that share of fault. The exact outcome depends on the facts and evidence in the case.

Does Being Partly Responsible Mean I Cannot Claim?

No. Being partly responsible does not automatically mean you cannot claim.

The key question is whether another party also caused or contributed to the accident. If another person or organisation was also negligent, a claim may still be possible.

However, the value of the claim may be affected if it is agreed or decided that you were partly responsible.

Examples of Shared Responsibility in Personal Injury Claims

Shared responsibility can arise in different types of personal injury claims.

Examples may include:

• a road traffic accident where both drivers contributed to the collision;

• an accident at work where an employee made a mistake but the employer also failed to provide proper training or equipment;

• a slip or trip where a hazard was present but the injured person was not paying full attention;

• a public place accident where warning signs were missing or unclear;

• an accident involving unsafe equipment where the injured person was also using the equipment incorrectly.

These examples are general only. The strength of a claim will depend on the evidence.

How Is Fault Decided?

Fault is usually assessed by looking at the facts, evidence and legal duties involved.

Relevant evidence may include:

• photographs of the accident scene;

• accident reports;

• witness statements;

• CCTV or dashcam footage;

• medical records;

• workplace documents;

• risk assessments;

• maintenance records;

• police reports where relevant;

• expert evidence.

For more information, see our guide on what evidence you need for a personal injury claim.

Can Compensation Be Reduced If I Was Partly at Fault?

Yes. If contributory negligence applies, compensation may be reduced.

The reduction is usually expressed as a percentage. For example, if a person is found to have contributed to the accident, the final compensation may be reduced to reflect that share of responsibility.

The percentage depends on the facts. In some cases, responsibility may be strongly disputed and may need to be negotiated or decided by the court.

What If the Other Side Says I Was at Fault?

It is common for insurers or defendants to argue that the injured person was partly or fully responsible.

This does not mean the claim is over. A solicitor can review the evidence, respond to the allegation and advise whether the argument is likely to affect liability or compensation.

If the other side alleges that you were at fault, it is important not to accept blame or agree a reduction without legal advice.

Can I Claim After a Road Traffic Accident If I Was Partly Responsible?

You may still be able to claim after a road traffic accident if another driver also contributed to the collision.

Examples may include cases where:

• another driver was speeding;

• another driver failed to keep a proper lookout;

• another driver pulled out unexpectedly;

• road positioning or signalling is disputed;

• both drivers contributed in different ways.

Road traffic accident claims can involve detailed evidence, including vehicle damage, dashcam footage, witness evidence, police records and accident reconstruction evidence in more serious cases.

Can I Claim After an Accident at Work If I Made a Mistake?

You may still be able to claim after an accident at work if your employer also failed in their duty of care.

Employers must take reasonable steps to provide a safe working environment. This may include training, supervision, safe equipment, risk assessments, protective equipment and safe systems of work.

Even if an employee made a mistake, the employer may still be partly or mainly responsible if proper safety measures were not in place.

Should I Get Legal Advice If Fault Is Disputed?

Yes. If fault is disputed, legal advice is important.

A solicitor can help by:

• assessing whether another party may be responsible;

• reviewing the evidence;

• responding to allegations that you were at fault;

• gathering witness evidence;

• obtaining accident reports;

• dealing with insurers;

• advising on contributory negligence;

• negotiating settlement where appropriate.

For more information about the claims process, see our guide: How Long Do Personal Injury Claims Take?.

Speak to Our Personal Injury Solicitors

If you are unsure whether you can claim because you may have been partly responsible for an accident, our solicitors can discuss what happened and advise on your options.

For more general information, see our Personal Injury Solicitors Belfast and Northern Ireland page.