When a motor vehicle accident happens in Alberta, fault plays a major role in the insurance and potential legal proceedings that follow. Fault means who is responsible for the accident or who is to blame. At its core, fault comes down to a variety of factors, and while it may seem straightforward, it falls into a grey area in practice. In this post, we discuss what factors go into a fault determination, and what that means for you after a motor vehicle accident in Alberta.
Alberta’s Fault-Based Insurance System
Alberta’s auto insurance industry currently operates using an ‘at-fault’ system. This means that a person who is injured by someone else is able to sue the at-fault party for the accident-related injuries and associated costs. This system holds drivers accountable for their poor driving practices and protects the rights of Albertans to sue if they are injured.
In other words, Alberta is not currently a no-fault accident province. It operates using an at-fault system, and many Albertans are proud of this fact.
Since fault is at the essence of liability in Alberta’s fault-based insurance system, it means that fault needs to be determined (sometimes proportionally) so that the party who was not at fault can exercise their legal right to compensation. That’s why determining fault is so critical in Alberta after a car accident.
How is Fault Determined in Alberta?
Most people assume the police determine fault but in reality, the insurance company decides fault, at least in the first instance. The insurance company gathers evidence and makes a determination of who is at fault, typically based on prevailing road laws. They can assign fault percentages such as 50/50 or 70/30 which means two or more parties can both share the blame for the accident.
However, an insurance company’s determination of fault can be disputed in the Alberta Courts. So, fault is sometimes determined through the court system, too.
How do insurance companies decide who is at fault?
Here’s what the insurer will typically consider when making its initial findings about fault:
Police Reports
Usually, police officers are the first to arrive on the scene of an accident. They are typically the first piece of the puzzle when determining fault. Their reports include critical information such as witness statements, diagrams from the scene, and road and weather conditions. However, these reports don’t establish liability or fault on their own. They are one piece of a foundation that insurance companies use to make their determination. A police report might say a driver made a left turn across traffic, but it is up to the insurance company to determine whether that was the sole cause of the accident.
Even if the police lay charges, that may not mean that person is fully at fault for the accident. For example, if a driver receives a ticket for following too close but the car in front suddenly slammed on their brakes, the ticketed driver may not be at fault. This goes to show that the determination of fault in Alberta requires an examination of all the facts that contributed to the accident.
Insurance Investigations
Insurance companies collect and gather a wide range of information to determine fault
- Police Reports- These give a starting point by explaining what happened based on witnesses and on-scene evidence.
- Photographs and video footage- Visual evidence such as car damage, dashcam footage, traffic cameras and pictures from citizens, can show how the accident unfolded.
- Black box data- Many newer vehicles have a black box that records speed, braking patterns, and steering data leading up to crash. This information can be used to confirm or dispute a driver’s claims.
- Witness statements- Statements from unbiased witnesses can provide crucial perspectives, especially when drivers have conflicting stories.
- Expert reconstructions- Specialists can analyze skid marks, vehicle damage, road conditions and a variety of factors to recreate the collision and offer their expert opinion on how the accident happened.
All of these factors outlined are used to put the accident puzzle together, and to help the insurance company determine fault percentages.
Comparative Negligence in Alberta
Comparative negligence, also known as contributory negligence in Alberta, is the concept of sharing fault for an accident on a percentage basis.
For example, if one driver was speeding but the other driver ran a red light, the fault for the accident may be 50/50. Another example is if a pedestrian is jaywalking and gets hit by a speeding car. The pedestrian and the speeding driver might both be found partially at fault. This may look like 30% fault for the pedestrian and 70% for the speeding vehicle.
The reason contributory negligence matters in car accidents in Alberta is that the percentage of fault is used to reduce the overall compensation payable as a result of the accident.
In the example above with the accident involving the jaywalking pedestrian, any monetary compensation for the pedestrians’ injuries would be reduced by 30% for their contribution to the accident. So, if the fair settlement sum for their injuries was found to be $1 million, they would actually receive 30% less than $1 million, which is $700,000.
Common Accident Scenarios
We’ve considered three common accident scenarios to highlight how fault is determined and apportioned in each case:
Scenario 1: Injured Party Not Wearing a Seatbelt
In Alberta, everyone in a vehicle must wear a seatbelt and the driver is responsible for their passengers buckling up. If someone is injured while not wearing a seatbelt, they can be punished with a ticket but can also be partially at fault for their injuries even if the accident was not their fault.
Courts in Alberta can look closely as to whether not having a seatbelt during an accident has caused further injuries. If a judge determines that the injuries might not have happened or been less severe, they can reduce a person’s settlement substantially. There are multiple court cases where judges have considered reducing the settlement amount due to the injured party not wearing a seatbelt:
Notable cases
- Jones v Martens: A plaintiff’s damages were reduced by 25% for not wearing a seatbelt
- Jones v Cheesebrough: The court reduced the settlement by 40% for not wearing a seatbelt and riding with a drunk driver.
- Madge v Meyer: No reduction in the settlement because it could not be proven that not wearing the seatbelt made the injuries worse.
In other words, putting on a seatbelt can save your life but can also protect your right to fair compensation if you are injured in an accident.
Scenario 2: Injured Party Breaking Traffic Laws
Breaking traffic laws like running red lights, speeding, tailgating and road rage, often points to negligence. A driver who speeds through a red light and causes an accident, will most likely be at fault for the accident.
However, fault isn’t always one sided. If the driver who was hit by the other driver (who was speeding and running a red light) was distracted, texting or eating, they might share some of the responsibility for the accident. For instance, they may have been able to avoid the accident, stop sooner, or crash at a lower speed if they reacted earlier.
Scenario 3: Driving While Impaired
Impaired drivers may face criminal charges, but this doesn’t automatically mean that the driver is at fault for any accident. Insurers will take the intoxication or impairment into consideration, but must consider the facts of the accident on the whole to find fault.
For example, if a driver is severely intoxicated and runs into multiple parked vehicles due to not being able to drive in a straight line, fault likely lies with the drunk driver. However, if an intoxicated driver slips on black ice and veers into oncoming traffic, the finding of fault is less clear.
The Role of a Personal Injury Lawyer
In Alberta, fault determination relies heavily on evidence and fairness. Whether it is adhering to traffic laws or taking precautions like wearing a seatbelt, every action matters in assigning liability. This balanced approach ensures that all parties are held accountable based on their contribution to the accident.
A personal injury lawyer can sift through the evidence to build a strong case on behalf of a party that is not at-fault for an accident to get fair compensation.
At James H. Brown, we’ve worked with thousands of people who have experienced life-altering injuries on Alberta’s roads. Our personal injury lawyers regularly work with injured Albertans and their loved ones to seek compensation from at-fault drivers to reduce the financial burden of devastating injuries.
Our services start with a free consultation, and we don’t charge you unless we win.
Speak with our team for free to learn what your claim could be worth.
