{"id":7625,"date":"2020-09-23T11:01:22","date_gmt":"2020-09-23T11:01:22","guid":{"rendered":"https:\/\/diamondlaw.ca\/?p=7625"},"modified":"2020-09-23T11:01:22","modified_gmt":"2020-09-23T11:01:22","slug":"contributory-negligence-in-alberta-car-accidents","status":"publish","type":"post","link":"https:\/\/diamondlaw.ca\/contributory-negligence-in-alberta-car-accidents\/","title":{"rendered":"Contributory Negligence in Alberta Car Accidents"},"content":{"rendered":"

When car accidents happen, it is not uncommon for people to get hurt. Many of them need the help of a<\/span> <\/span>car accident personal injury lawyer<\/span><\/a> to recover the cost of being treated. As well as seek compensation for the money they have lost because they are unable to work as normal. In particular if the injury is likely to have a long-term effect on their lives.<\/span><\/p>\n

To be able to build a strong case, your lawyer will need to establish who was responsible for the accident. In other words, whose negligent actions led to someone getting hurt. If you want to learn more about how fault is determined in car accident cases, just read<\/span> <\/span>our in-depth guide<\/span><\/a>.<\/span><\/p>\n

What is Contributory Negligence?<\/span><\/h2>\n

\"\"<\/span><\/p>\n

Sometimes the victims themselves can be found to be partially at fault. This gives rise to something called contributory negligence, which can make a case more complicated.<\/span><\/p>\n

Understandably, it is in the interests of the other party to prove that you were at least partly to blame for what happened. This enables them to say that you were responsible for your injuries and, therefore, the negative consequences arising from them. So, if for example you are travelling in the back and not wearing your seatbelt and hit the driver\u00b4s seat you could be deemed to be partially responsible for your injuries.<\/span><\/p>\n

Alberta Law on Contributory Negligence<\/span><\/h2>\n

In Alberta, contributory negligence is governed by the Contributory Negligence Act. It states that if more than one individual has contributed to loss or damage, the responsibility for damages will be divided between those said individuals.<\/span><\/p>\n

This is done in proportion to the degree in which each person is at fault. Apportioning liability like this helps to ensure that everyone takes responsibility for their actions. However, sometimes it is not possible to measure and quantify blame. That is why the act says that if the degree cannot be ascertained, liability has to be apportioned equally among the persons at fault.<\/span><\/p>\n

How Degree of Fault is Determined in Contributory Negligence<\/span><\/h2>\n

\"\"Alberta courts are the ones that determine the degree of fault. They do that by considering the victim\u2019s actions immediately before, during and, to some extent, after the accident.<\/span><\/p>\n

The court considers if they were in a fit state to drive prior to the incident. Then what they did during the accident and finally whether they have sought the right treatment for their injuries and followed the medical advice given.<\/span><\/p>\n

Here are some examples of contributory negligence in car accidents:<\/span><\/p>\n