Contributory negligence

Contributory negligence is when the injured person’s own carelessness played some part in causing or worsening the accident.

Under section 12 of the Civil Law Act 1956, a court reduces the damages by the share of responsibility it thinks is fair, rather than refusing the claim altogether.^[1] Common examples in Malaysian motor cases include not wearing a seatbelt or a motorcycle helmet, which can reduce the award for injuries the safety gear would have lessened.

There is no fixed percentage for any situation. The reduction depends on the facts and on how much difference your own conduct made.

How fault is worked out in a Malaysian claim explains what the evidence needs to show. If the other side says you were partly to blame, an independent lawyer can take your claim on and answer that argument.