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@Wannabe
I'm not a civil lawyer, but I can remember bits and bobs from bar school, and that may well be something the court would consider. It's not an absolute bar to claiming, though. If a bus hits you from behind when you're waiting at a red light, and you're brakeless, I doubt it would matter.
If a brake might have made a difference the court could find contributory negligence, and reduce the amount of damages by a percentage. Obviously, if it found you were entirely to blame, it wouldn't be contributory negligence, it would be normal negligence and you wouldn't get any money.