Can you receive a portion of compensation even if you were at fault for your accident or injury? In Alberta, a modified contributory negligence province, the answer is yes, this may be possible for you.
At the same time, your level of shared fault for your accident is imperative to answering this question with absolute certainty. The province of Alberta bars victims from receiving any compensation if they share more than half of the blame for what happened, whether it was a car accident or another mishap, due to the rule of modified contributory negligence applied here.
We can determine your share of fault and more. We can also estimate the amount of money you are due to receive for your property damage and physical injuries, because Grover Law Firm handles personal injury cases like yours every day.
Types of Contributory Negligence Systems in Canada
Maybe you and the other party both share fault. Perhaps you forgot to put on your seatbelt, but the other driver hit you due to running a red light.
The following will give you an idea of how Canada’s two predominant types of contributory negligence systems can play out in such a case:
- Pure contributory negligence: The parties involved in an accident are due to receive a portion of damages respective to their shared fault; for instance, even if the driver who ran the red light is found to be 70 percent at fault for your accident, he or she can still recover 30 percent of damages, while you would be able to receive up to 70 percent
- Modified contributory negligence: If a party is found to share more than half (the specific threshold varies by jurisdiction) of the fault for what occurred, then that person may be barred from recovering any damages at all
In other provinces, such as Ontario, the rule of pure contributory negligence is followed. This means that the percentage of compensation corresponding to your percentage of shared fault may be awarded to you under the law.
Meanwhile, in Alberta, the rule of modified contributory negligence is usually applied to personal injury claims.
How Contributory Negligence Works in Alberta
The contributory negligence system in Alberta recognizes that accidents rarely have single, clear-cut causes. Thus, even if you were partially at fault for the accident that harmed you, you may still be entitled to compensation for your injuries and losses.
Alberta law clarifies how contributory negligence may be applied to complicated situations. When the fault of multiple parties is involved in a case, the court will determine and assign each party their degree of liability. On the other hand, when this is not possible, then fault shall be equally distributed between the parties.
All of the above is similar to the application of the rule of pure contributory negligence. However, Alberta’s rule of modified contributory negligence has been established by local case law. In this province, if you are found to share more than 50 percent of responsibility for the accident, you may not be able to recover any damages at all.
This is a crucial distinction to understand. When you are facing the decision to handle a claim on your own or consult a lawyer, keep in mind that the contributory negligence system could unfairly be used against you.
Determining How Contributory Negligence Affects Your Case
Determining fault in an accident is a complex process. A number of factors must be taken into consideration – preferably by an experienced personal injury attorney who knows all the ins and outs of contributory negligence law.
Evidence that may be acquired or examined include:
- Witness statements: Eyewitness accounts can provide valuable insight into what happened
- Police reports: Police reports often contain important details about the accident, including diagrams, observations, and citations
- Traffic camera footage: If available, traffic camera footage can provide a clear visual record of the accident
- Expert testimony: Expert witnesses can be useful; for one, accident reconstruction experts can analyze the evidence and provide opinions on how the accident occurred
- Medical records: Documentation of your injuries is crucial to proving the extent of your damages
Each of these sources can shed light on the circumstances surrounding your accident. Your lawyer will work to gather as much data as possible.
Why You Need Legal Representation in These Injury Cases
You might expect to get paid, no problem, confident in the coverage you have. However, be warned that insurance companies often try to minimize their payouts. They may try to assign you a higher percentage of fault in order to reduce their liability or that of the insurance holder.
Their goal is to save money, but don’t let the insurance company off easy.
Having an experienced personal injury lawyer on your side can make all the difference. Here’s how we can help you once we take on your case:
- Investigating the accident: We will thoroughly investigate the accident to gather all the necessary evidence to support your claim
- Negotiating with the insurance company: We will aggressively negotiate with the insurance company to ensure you receive fair compensation for your injuries and losses
- Protecting your rights: We will protect your rights every step of the way, ensuring that you are treated fairly and that your interests are represented
- Taking your case to court, if necessary: If the insurance company is unwilling to offer a fair settlement, we are prepared to take your case to court and advocate for you there
Strategies to Minimize Your Fault
While we will fight to protect your rights, there are also steps you can take to minimize your potential fault. Remember to:
- Gather evidence: If you are able to do so, make sure to document the scene of the accident, take photos, and collect eyewitness information. You can also ask someone to help you do so. Either way, grab that evidence before it slips away.
- Be honest, but careful: It’s important to be truthful when discussing the accident, but be cautious about what you say on social media or to the insurance adjusters. In general, we recommend staying off of social media, avoiding admitting fault or speculating about what happened, and letting you lawyer talk to the insurers on your behalf.
- Seek medical attention promptly: Documenting your injuries with medical professionals is crucial for your claim. When you seek medical attention as soon as possible after your injury is sustained, then the connection between what happened and your health condition can be clearly made. Rushing to the doctor or urgent care facility might feel inconvenient, but it could pay off in the long run.
How Lawyers Overcome Challenges in Contributory Negligence Cases
Your trusted personal injury law firm can help you with the above steps, gathering evidence and connecting you with medical professionals who can help you. However, we can do much more than that on your behalf. We want you to focus on your physical and emotional recovery with peace of mind while we strengthen your case.
We know how to overcome challenges such as:
- Conflicting witness accounts: It is not uncommon for different witnesses to have different perspectives on what happened. We are skilled at analyzing these discrepancies and presenting a clear picture of the events.
- Insurance company tactics: Insurance companies may use various tactics to minimize their liability. We are familiar with these tactics and know how to effectively counter them.
There are unique cases that do require additional consideration. For example, perhaps what happened could be considered a form of medical malpractice, which can introduce layers of complexity. But we understand the legal principle behind contributory negligence statutes and are here to help you navigate it all.
In all cases, it’s our job to build the strongest possible case on your behalf. When we take on your case, we have made a commitment to allocate fault correctly to ensure you’re treated fairly.
How to Ensure You Get the Full Compensation You Deserve
Contributory negligence is a pivotal aspect of personal injury law that shapes how fault is assigned and compensation determined across Canada. It recognises the shared responsibility that often characterises accidents, promoting a fairer approach to resolving claims.
At the same time, the rule of contributory negligence could be used against you, to bar you from receiving any money at all. Therefore, in order to protect yourself, your family, and your financial interests, secure professional legal advice sooner rather than later.
Personal injury lawyers can ensure you receive the compensation you rightfully deserve while addressing the complexities of contributory negligence. If you or someone you know has been involved in an accident, call or text Grover Law Firm, where we offer a free initial consultation to dissect your personal injury claim and uncover the best reparation options for you.