Contributory Fault Not a Barrier to Compensation

Accident victims often erroneously believe that they can only achieve a compensation settlement if they can show themselves to be entirely blameless. In one recent case, a young man who faced claims that he was the author of his own misfortune following a catastrophic road crash won more than £1 million in compensation.

The man was a front seat passenger in a car driven by a friend when it was involved in a head-on collision. The friend was under the influence of alcohol, speeding on the wrong side of the road and either chasing or racing another vehicle before the crash, in which he and the driver of the other car died instantly. A verdict of unlawful killing was subsequently reached by a coroner who said that the friend's driving amounted to an act of gross criminal negligence.

The man sustained serious brain injuries in the accident, is confined to a wheelchair and will need a lifetime of care. Lawyers acting on his behalf sued his friend's insurers, who denied liability on the basis that he had been engaged in a criminal joint enterprise. Nevertheless, following negotiations, the insurers agreed to settle his claim for a seven-figure sum, which will be devoted to funding his future care.