If you've suffered an injury in a car or road accident in Queensland where you may have contributed to what happened, you might still be able to claim compensation.
Queensland uses a proportionate reduction system in which your compensation is reduced by your share of fault rather than denied completely.
Many people mistakenly believe that being partly at fault means they can't claim anything, but this isn't actually true. The other driver's insurer must prove your part in the accident, and you'll still receive compensation minus your percentage of fault if you're successful.
This guide will explain how shared liability works in Queensland, typical reduction percentages for common scenarios and what you can do to protect your compensation.
Understanding Contributory Negligence
What does it actually mean?
Contributory negligence means you failed to take reasonable care for your own safety in a way that contributed to the accident or made your injuries worse. It's up to the other driver's insurer to prove this.
Common examples:
- Not wearing a seatbelt: you didn't cause the collision but your injuries may have been less severe if you'd been wearing a seatbelt
- Being slightly over the speed limit: your speed reduced your reaction time or increased the force of the impact
- Looking at your phone briefly: you didn't have as much time to take evasive action
- Being intoxicated as a driver, passenger or pedestrian: alcohol or drugs impaired your judgment or reaction time
The insurer can't simply say you were partly at fault without evidence, they have to prove your actions contributed to what happened.
How is your compensation reduced?
Queensland uses a proportionate reduction formula under the Civil Liability Act 2003 (Qld). The court determines your fault percentage based on what's "just and equitable" after taking all circumstances into consideration. This is a broad judgment which weighs how much each party's conduct contributed to the incident.
Your Rights
What you're entitled to:
- Compensation for injuries caused by another person's negligence even if you were partly at fault, which doesn't remove your right to claim
- Full compensation for injuries unrelated to your actions. For example, if you weren't wearing a seatbelt but suffered leg fractures that wouldn't have been prevented by one, your compensation won't be reduced for those injuries
- Challenge the insurer's fault assessment with expert evidence and legal argument
Key deadlines:
- 9 months from accident: notify the CTP insurer
- 3 months from accident: if claiming against the Nominal Defendant for unidentified or unregistered vehicles
- 3 years from accident: final deadline to start court proceedings under the Limitation of Actions Act 1974 (Qld), noting that MAIA pre-court procedures including compulsory conferences and 60-day filing windows also apply
- As soon as possible: consult a lawyer while evidence is fresh
Common Scenarios
Not wearing a seatbelt
You can still claim compensation, but it may be reduced by typically 15-25% for injuries that would have been prevented or lessened by using a seatbelt.
What to do:
- Document which injuries you suffered and get medical evidence about what caused them. The reduction only applies to injuries that wearing a seatbelt would have prevented or reduced
- Don't assume there will automatically be a reduction. The insurer must prove that not wearing a seatbelt definitively contributed to your specific injuries
- Not wearing a seatbelt doesn't mean you caused the accident, it's only related to whether your injuries would have been less severe had you worn one
Intoxication (alcohol or drugs)
Intoxication is one of the most significant factors in contributory negligence claims and can apply to drivers, passengers and pedestrians. Under section 47 of the Civil Liability Act 2003 (Qld), there is a presumption of contributory negligence and mandatory minimum reductions apply when intoxication contributed to your injuries.
How intoxication affects different road users:
Intoxicated drivers: If you were driving under the influence of alcohol or drugs and this contributed to your inability to avoid the accident, your claim will be reduced. Even if another driver was primarily at fault, your impaired reaction time or judgment may have prevented you from taking evasive action.
Intoxicated passengers: Under section 48 of the Civil Liability Act 2003 (Qld), passengers aged 16 and over are presumed to have known if the driver was intoxicated. If you knowingly got into a vehicle with an intoxicated driver, you may be found contributorily negligent for voluntarily exposing yourself to that risk, even if you were completely sober yourself.
Intoxicated pedestrians: If you were affected by alcohol or drugs and this contributed to your accident, such as stumbling into the road, misjudging traffic or failing to use a crossing safely, your compensation will be reduced.
Mandatory reductions under Queensland law:
- Minimum 25% reduction if you were intoxicated and this contributed to your injuries
- Minimum 50% reduction if, in a motor vehicle accident, your BAC was 0.15 or higher or you were so affected by alcohol or drugs as to be incapable of exercising effective control; similar minimums apply to passengers who relied on such an intoxicated driver
These are minimum reductions and courts can impose higher percentages where considered just and equitable. The presumption of contributory negligence can theoretically be rebutted if you prove the intoxication did not contribute to your injuries or was not self-induced, though this is difficult in practice.
What to do:
- Get independent legal advice before making any statements about alcohol or drug consumption
- Understand that intoxication doesn't automatically bar your claim, even with mandatory reductions you can still recover substantial compensation
- Document the other driver's conduct. If they committed a serious breach like running a red light or speeding excessively, your fault percentage may be assessed at the lower end of the range
Speeding when hit
Your compensation may be reduced by often 15-50% in Queensland cases, depending on how fast you were going and how it contributed to the collision.
What to do:
- Seek accident reconstruction details. Minor speeding (5-10km/h over) often has minimal causative effect, particularly if the other driver committed a serious breach like running a red light
- Distinguish between causing the accident and worsening the outcome. You might share 20% fault if your speed reduced reaction time slightly, versus 40-50% if excessive speed was a major cause of the incident
- Minor speeding violations don't automatically result in high percentages. Practical contributions to what happened are just as important as technical breaches
Using mobile phone
You can claim, but expect a reduction of typically 20-35% in Queensland cases, depending on how your phone use contributed to the accident.
What to do:
- Be honest about phone use if asked. Lying damages your credibility if contradicted by phone records or witnesses
- Clarify what you were doing. Briefly glancing at navigation differs significantly from actively texting or being on a call
- Emphasise that the other driver was primarily at fault. The other driver may have committed a more serious breach, even if you were distracted
Mobile phone cases often vary, with the compensation reduction depending on your distraction versus the other driver's negligence.
Pedestrians hit by motor vehicles
Pedestrians can claim compensation even if they contributed to the accident, though reductions typically range from 25-40% in Queensland cases depending on the circumstances.
Common contributory factors for pedestrians:
- Crossing against a signal or outside a designated crossing (jaywalking)
- Running onto the road unexpectedly, such as from between parked cars
- Wearing dark clothing at night on an unlit road
- Being distracted by a mobile phone while crossing
- Intoxication affecting judgment or coordination
What to do:
- Document the driver's conduct and road conditions. If the driver was speeding, intoxicated or should have seen you, your fault percentage may be lower
- Take visibility and traffic factors into consideration. Crossing a quiet suburban street is very different from running across a busy highway
- Remember that drivers must keep a proper lookout regardless of pedestrian behaviour. Pedestrians who breach road rules still have rights
Cyclists in accidents with motor vehicles
Cyclists injured in collisions with motor vehicles can claim compensation even where they may have contributed to the accident.
Common contributory factors for cyclists:
- Not wearing a helmet (may reduce compensation for head injuries)
- Riding without lights at night
- Failing to obey traffic signals or signs
- Riding unpredictably or swerving into traffic
- Intoxication affecting balance or judgment
What to do:
- Document the driver's conduct. Drivers have a duty to leave safe passing distances and watch for cyclists
- Get medical evidence about your specific injuries and whether protective equipment would have made a difference
- Understand that cyclists have the same rights to the road as motor vehicles. A driver's failure to give way or keep a proper lookout is often the primary cause
Protecting Your Claim
Essential steps:
- Seek immediate medical attention and thoroughly document all your injuries. Medical records created close to the accident carry more weight
- Gather evidence from the accident scene, such as photos of vehicle positions, skid marks, damage and road conditions. Get witness contact details if possible
- Notify the CTP insurer promptly but avoid detailed recorded statements before getting legal advice
- Consult a personal injury lawyer at the earliest opportunity to avoid common mistakes like admitting fault unnecessarily
Critical mistakes to avoid:
- Admitting fault at the accident scene or in early insurance conversations. Statements like "I'm sorry, I didn't see you" can establish contributory negligence
- Posting on social media about the accident or activities during recovery, as many insurers check social media to argue that injuries are less severe
- Accepting the insurer's first fault assessment without independent legal advice. Initial offers will often overstate your contribution and favour the other driver
- Failing to preserve dashcam footage, damaged clothing and witness details in the days following the accident
When to Get Legal Advice
It's always recommended to seek legal advice as quickly as possible, especially if:
- The insurer has alleged any contributory negligence, as even a 20% reduction can end up being thousands of dollars
- You weren't wearing a seatbelt, were speeding or were intoxicated because these situations trigger common arguments which require specialist knowledge to minimise
- You were a pedestrian, cyclist or motorcyclist, as these cases involve complex liability assessments
- Your injuries are serious. Higher-value claims warrant expert assistance because the reduction in compensation is so substantial
Early advice is so important because it helps you:
- Understand your full rights before accepting reduced compensation or making damaging admissions
- Challenge fault percentages with expert evidence and legal argument
- Protect your claim from common pitfalls like missing deadlines or accepting unfair assessments
Key Takeaways
- Being partly at fault does NOT prevent you claiming compensation in Queensland. Your payout is reduced by your fault percentage, not denied entirely
- The other driver's insurer must prove your contributory negligence. You don't have to prove you were completely faultless
- Common scenarios like not wearing a seatbelt typically result in 15-25% reductions, but only for injuries that would have been prevented by the seatbelt
- Intoxication carries mandatory minimum reductions of 25-50% under the Civil Liability Act 2003 (Qld), with courts able to impose higher reductions were just and equitable. You can still claim substantial compensation
- Pedestrians and cyclists hit by motor vehicles have the same rights to claim as drivers and passengers
- You can challenge fault assessments with expert evidence and legal argument
Get Help Now
If you've been injured in a Queensland road accident where you may have contributed to what happened, getting early legal advice helps you understand your rights and protect your compensation.
Shared liability doesn't mean shared equally, and it definitely doesn't mean you can't make a claim. The right legal support ensures your fault percentage is fairly assessed and your compensation reflects the true value of your injuries.
Contact Smiths Lawyers today for a free, no-obligation consultation with lawyers experienced in claims for injuries in cases involving shared liability under our No Win, No Fee, No Catch® promise.
You don't pay unless your claim succeeds, so call us on 1800 960 482 or use the form below to have our team contact you at a convenient time, and we'll assess your situation and guide you through the claims process.
Contact Smiths Lawyers today:
- Call 1800 960 482 for a free, no-obligation consultation
- No upfront costs: We operate on a No Win, No Fee, No Catch® basis
- Or request a call back: Use the form below to have our team contact you
Don't let concerns about being partly at fault stop you from claiming the compensation you deserve.
