Yes, you may still have a personal injury claim in Ireland if you were partly at fault. If another person’s wrongdoing and your own lack of care both caused the damage you suffered, the court reduces the damages to reflect each party’s degree of fault. This is called contributory negligence. If an insurer has raised it, ask what it says you did and how that contributed to the injury. A percentage on its own answers neither question. Read section 34 of the Civil Liability Act 1961.
What has to be proved?
The starting point is the case against the other person. What should they reasonably have done, what did they do, and how did that cause harm? You still need to establish that case. If the other party alleges contributory negligence, they must establish the conduct they rely on and its connection to the damage. It is possible for an accident to happen without a claim against anyone.
There can be two different disputes. One concerns how the accident happened. For example, a driver’s speed and a pedestrian’s opportunity to see the vehicle may both be relevant to a collision. The other concerns how the injury happened or became more severe. For example, a passenger’s seat belt cannot determine who drove through a red light, but evidence about its use may matter to a particular injury.
Section 34(2)(c) addresses that connection. If the allegation is a failure to take reasonable care for your safety, the damage must arise from the particular risk you exposed yourself to. Consider a passenger who disputes a driver’s allegation that their belt was unfastened. Two questions need answers: was the belt fastened at the relevant moment and, if it was not, what difference did that make to the injury? Witness evidence might address the first. Medical or engineering evidence may be needed for the second. See section 34(2)(c).
How does a 50:50 split work?
Where both sides contributed to the damage, the court decides what reduction is fair in light of their respective fault. A finding that the injured person bears 25% of the fault would leave 75% of the damages otherwise recoverable. An equal division applies under section 34(1)(a) when both sides’ fault has been established and the court cannot distinguish their degrees of fault after considering the circumstances. Conflicting accounts alone do not establish that both parties were at fault.
An insurer’s offer to settle on a 50:50 basis is a proposal you can discuss with your solicitor. Check whether the parties would be agreeing a division of liability only, leaving the amount of damages open, or agreeing a final sum to resolve the whole claim. Those proposals can have quite different consequences. If a sum is quoted, ask if the proposed reduction has already been applied and how costs and outlays would be treated.
A workplace example: an agreed division of liability
Lalloo Solicitors acted for a warehouse worker whose foot was injured when a forklift struck a barrier. The claim raised issues about the layout of the workplace, the barrier and the equipment. It settled on a 50% liability basis without an admission of liability. There was no trial finding that the worker made any particular mistake or that the employer committed a particular breach. The case illustrates why the wording of a settlement matters when someone describes an accident as “50:50”. Read the anonymised forklift case study.
What evidence helps when partial fault is alleged?
- For a collision, record the direction of travel, the signals, visibility and where each witness was standing. A passenger can describe what they saw and felt, even if they could not see the road ahead. Preserve original dashcam recordings and request relevant CCTV promptly.
- For a fall, photographs from the direction you approached can show whether a defect or warning was visible to you. A close-up of a broken surface may show its condition while revealing little about the approach, lighting or obstructions.
- For a workplace incident, record the task assigned, the instructions and equipment provided, and the layout at the time. If the allegation is that you ignored a safer route or method, identify what alternatives were actually available during that shift.
- For disputed injuries, keep medical records, treatment dates and evidence of how the injury affected work and daily life. Distinguish what you saw at the scene from what you learned later. Keep relevant material even where it appears to weigh against your account.
The personal injury evidence guide explains how to preserve photographs, witness details and accident records. The driver and passenger claims guide covers the different positions of people travelling in the same vehicle.
What should I check before responding to an allegation?
Keep the original letter or email. Ask which act or omission is alleged, which evidence supports it, and how it is said to have affected either the accident or the injury. Check whether the other party also denies responsibility altogether. Take advice on the proposed terms and on any deadline for responding. Discussions about responsibility do not, by themselves, preserve the time for bringing a claim. More Irish personal injury law updates.
