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Contributory negligence?

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crespo9 | 18:37 Wed 25th Apr 2007 | Law
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If you are told not to go into work because of weather conditions, but you do anyway and are negligently hurt by someone (works on the road side and a negligent driver hits you, for example) How are the damages broken down?

Is it contributory negligence because you didnt take the advise of your boss? or something else? Does anyone have any relevant cases?

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what has a road traffic accident on the way to work got to do with your boss?

if you are not on company property or performing part of your job by driving, it is nothing to do with the company, and you certainly can't claim from them.
your bosses advice is irrelevant.

or, am i misunderstanding you, and you are claiming from the driver, but feel it was somewhat your own fault for driving?
even if you hadn't gone into work, you could still have gone out in the car - your bosses advice was not an order, its not law.

or was it the bosses car?
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sorry, i'll re-phrase.

You work for the council re-surfacing a road. You were hit by a car driven by a negligent driver whilst working in the road, however your boss had told you not to work in the road today because of poor weather conditions
ahh, i see. I don't how you can be negligent yourself just for being in a place.

unless you went into the middle of the road suddenly, the driver is at fault, as he should have been paying attention and stopped, he can't just say ''well you shouldn't have been there''

cars are always supposed to give way to pedestrians.

your boss is irrelevant, the fact is you got hit by a car and you shouldn't have

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