When a serious car accident happens on Alberta’s roads, determining who is responsible isn’t always straightforward. Often, both drivers—or even multiple parties—share some degree of fault. This is where the concept of contributory negligence and comparative negligence comes into play.
For injured parties seeking compensation, these legal doctrines directly affect how much they can recover. Whether it’s a motor vehicle accident, a slip and fall, or even medical malpractice, courts in Alberta must carefully determine how much responsibility each party involved bears.
This post explains how comparative negligence works in Alberta, why understanding contributory negligence is essential, and how the percentage of fault assigned can affect the final compensation.
What Is Contributory Negligence?
Contributory negligence occurs when an injured party is found to have contributed, in some way, to the accident that caused their injuries. In other words, if you fail to take reasonable care for your own safety, the court may reduce the compensation awarded.
Example:
- A driver is hit by an intoxicated driver but wasn’t wearing a seatbelt.
- While the at fault party clearly caused the accident, the plaintiff shares some liability for the extent of their injuries.
This doesn’t mean you lose your right to seek compensation altogether—but the amount you receive will be adjusted.
Comparative Negligence in Alberta
Alberta applies a comparative negligence model, meaning that two or more parties can be found partially at fault. The court assigns a percentage of liability to each party involved, and the compensation is reduced according to that percentage.
For example, if the plaintiff is found 20% at fault in a motor vehicle accident, the compensation awarded will be reduced by 20%.
This approach ensures fair compensation while recognizing the responsibility of all parties in causing or contributing to the accident.
Determining Fault in Personal Injury Cases
In personal injury cases, proving who is at fault can be complex. Courts rely on multiple types of evidence to determine liability:
- Police reports documenting the accident
- Witness statements from bystanders or passengers
- Medical records showing the link between the accident and the injuries
- Surveillance footage or dashcam footage
- Skid marks, vehicle positions, and road and weather conditions (such as black ice)
- Accident reconstruction experts providing expert testimony
By analyzing all the circumstances, courts can determine how liability should be shared.
Common Scenarios of Shared Fault
- Car Accidents at Intersections
- One driver ran a red light, but the other driver was speeding. Both may be found liable.
- One driver ran a red light, but the other driver was speeding. Both may be found liable.
- Motor Vehicle Accident in Poor Weather
- On icy road conditions, one driver may lose control, but if the other driver failed to take reasonable steps (like slowing down for black ice), fault may be divided.
- On icy road conditions, one driver may lose control, but if the other driver failed to take reasonable steps (like slowing down for black ice), fault may be divided.
- Medical Malpractice
- A patient ignores instructions from medical professionals after surgery. While the doctor may face a medical malpractice claim for a surgical error, the patient’s non-compliance could reduce the final compensation.
- A patient ignores instructions from medical professionals after surgery. While the doctor may face a medical malpractice claim for a surgical error, the patient’s non-compliance could reduce the final compensation.
- Multiple Parties Involved
- In a pile-up on Alberta’s roads, two or more parties may share liability, making these complex cases that require careful gathering evidence and expert testimony.
- In a pile-up on Alberta’s roads, two or more parties may share liability, making these complex cases that require careful gathering evidence and expert testimony.
How Shared Fault Affects Compensation
When comparative negligence applies, the injured party’s compensation is reduced in proportion to their fault.
For example:
- Car accident damages total $100,000.
- The plaintiff shares 30% fault for distracted driving.
- The final compensation is reduced to $70,000.
This ensures compensation awarded is fair while discouraging reckless behavior by any party involved.
The Role of Insurance Companies
In personal injury claims involving car accidents, insurance companies are quick to point out contributory negligence to minimize payouts. Their adjusters often argue that the injured party bears some responsibility for the accident or the severity of their injuries.
That’s why working with skilled injury lawyers and an experienced personal injury lawyer is essential. A strong legal strategy with expert testimony can counter these arguments, ensuring the injured party receives fair treatment during settlement negotiations or legal proceedings.
Evidence in Shared Fault Cases
Because comparative negligence cases can be complex, injury lawyers focus heavily on gathering evidence. This may include:
- Medical records proving chronic pain or soft tissue damage
- Testimony from medical professionals about treatment needs
- Accident reconstruction experts who analyze vehicle damage, skid marks, and road conditions
- Witness statements and surveillance footage that confirm circumstances
- Black box data from modern vehicles showing speed and braking before the accident
The stronger the evidence, the more likely the injured party will receive a fair share of compensation.
Why Personal Injury Lawyers Are Essential
Navigating comparative negligence in Alberta requires in-depth knowledge of personal injury law and experience with complex cases. Skilled injury lawyers can:
- Challenge claims of contributory negligence made by insurance companies
- Present strong expert testimony to support the injury claim
- Work with accident reconstruction experts and medical professionals
- Guide the injured party through the legal process
- Maximize the chances of recovering fair compensation or final compensation in court or through settlement
Whether it’s a motor vehicle accident or another type of personal injury claim, having a trusted personal injury lawyer ensures your legal rights are protected.
Comparative Negligence Across Canada
While this post focuses on Alberta, it’s worth noting that other provinces may apply slightly different standards when assigning liability. Some apply stricter forms of contributory negligence, while others use comparative models similar to Alberta’s.
Understanding these differences highlights the importance of consulting with local injury lawyers who know how Alberta’s roads and courts handle shared fault.
Sharing Fault Doesn’t End Your Claim
Being partially at fault in a car accident or other personal injury cases does not prevent you from filing a claim. Thanks to comparative negligence, injured parties in Alberta can still seek compensation—though the amount may be reduced according to their share of fault.
With strong injury lawyers, solid evidence, and persuasive expert testimony, injured parties can overcome insurance companies’ tactics and secure the fair compensation they deserve.
Call Grover Law Firm for a Free Consultation
At Grover Law Firm, we specialize in helping injured parties navigate comparative negligence and contributory negligence claims in Alberta. Our experienced injury lawyers know how to determine fault, challenge unfair tactics from insurance companies, and fight for maximum compensation.
Call us today at (403) 253-1029 for your free consultation. Let us help you protect your legal rights and pursue the justice you deserve.