Can I Still Make a Personal Injury Claim If I Was Partially at Fault?

Can I claim compensation if I was partly at fault?

Potentially, yes.

Consider a simple example:

Another driver makes an unsafe left turn and strikes your vehicle. You were travelling faster than the posted speed limit immediately before the collision.

The other driver may have caused the collision, but your speed may also have contributed to the severity or circumstances of the accident.

In a situation involving fault by more than one person, the law can require responsibility to be apportioned according to the degree of fault.

Moustarah & Company discusses this concept in its Personal Injury Lawyer FAQ, including an example involving an unsafe left turn and speeding.

What does “partially at fault” mean?

Being partially at fault generally means that your own conduct contributed to the accident or the resulting loss.

Fault can arise from many different circumstances, including:

• speeding;
• following too closely;
• unsafe lane changes;
• failing to yield;
• distraction;
• failing to obey a traffic signal;
• turning improperly;
• driving too quickly for road conditions;
• failing to take reasonable steps to avoid a collision.

However, fault is not determined simply because one driver received a traffic ticket or because an insurance adjuster says someone was responsible.

The complete circumstances of the collision need to be examined.

How is fault determined after a car accident?

Determining liability can involve evidence from many different sources.

Police reports

Police reports can provide important information about the circumstances of a collision, but a police determination is not necessarily the final word on civil liability.

For Edmonton collisions, see Changes to Reporting an Accident in Edmonton and Changes to Mandatory Reporting of Accidents to Police.

Witnesses

Independent witnesses can provide valuable evidence about traffic signals, vehicle positions, speed, lane changes, and what happened immediately before impact.

Photographs and video

Photographs of the collision scene, vehicle damage, road conditions, traffic controls, and injuries can be important evidence.

Dashcam footage and surveillance video can also be highly relevant where available.

Vehicle damage

The location and nature of vehicle damage may help reconstruct how a collision occurred.

Expert evidence

More complicated collisions may require expert evidence, including accident reconstruction or other technical analysis.

Medical evidence

Medical evidence can establish the nature and extent of your injuries and help connect those injuries to the collision.

Does the police officer decide who is legally at fault?

Not necessarily.

Police may investigate a collision and issue tickets or charges where appropriate. An insurance company may conduct its own liability investigation. A civil court can also determine liability if a personal injury lawsuit proceeds.

These are related but distinct processes.

For example, receiving a traffic ticket does not automatically determine every issue that may arise in a civil personal injury claim.

The relevant question in a personal injury claim is whether the conduct of a person caused or contributed to the accident and the resulting losses.

What happens if I was 10% at fault?

If responsibility is apportioned between multiple parties, the applicable law can affect the amount each party is responsible for.

For example, if the evidence establishes that two parties were both at fault, the court can determine their respective degrees of fault.

It is important not to assume that a particular percentage will automatically apply to your case. Fault percentages are fact-specific and depend on the evidence and applicable law.

Alberta’s Contributory Negligence Act provides for apportionment of liability when damage or loss is caused by the fault of two or more persons.

What if I was 25% at fault?

The same principle applies. A finding of partial fault does not necessarily eliminate the claim.

The precise effect of contributory negligence depends on the circumstances, the parties involved, the nature of the losses, and the applicable legal principles.

This is why it is important to have the accident properly investigated before concluding that you have no claim.

What if I was speeding?

Speeding can be relevant to the analysis of fault, but the existence of speeding does not automatically answer every liability question.

For example, imagine that another driver suddenly turns left directly in front of you. You were travelling somewhat faster than the speed limit, but the other driver failed to yield.

The legal analysis may involve questions such as:

• How fast were you travelling?
• What was the posted speed limit?
• How far away was the other vehicle?
• Could the collision have been avoided?
• Did your speed contribute to the collision?
• Did your speed contribute to the severity of your injuries?
• What did the other driver do?
• What evidence supports each version of events?

These are factual and legal questions that should not be reduced to a simple assumption that “I was speeding, so I cannot make a claim.”

What if I was not wearing a seatbelt?

Seatbelt use can become relevant to a personal injury claim, particularly where there is evidence that failure to use a restraint contributed to the severity of the injuries.

The precise legal effect depends on the evidence and the circumstances of the accident.

Again, the important point is that a potentially contributing factor does not automatically answer every question about liability or compensation.

What if the insurance company says I caused the accident?

An insurance company’s position on liability is not necessarily the final determination of your legal rights.

Insurance companies investigate claims from their own perspective. They may review police reports, statements, photographs, vehicle damage, witness evidence, and other information before making a liability assessment.

If the insurer says you were responsible, ask what evidence supports that conclusion.

If you disagree with the assessment, you should preserve your evidence and consider obtaining legal advice before accepting responsibility or signing documents that may affect your claim.

Moustarah & Company’s Edmonton Car Accident Lawyers assist injured people in dealing with insurance companies and pursuing fair compensation.

Can I still sue if I caused part of the accident?

Potentially, yes.

The key issue is not simply whether you did something wrong. The legal analysis may involve determining whether another person’s negligence also contributed to the accident and your resulting injuries.

Alberta’s contributory negligence framework is designed to address situations where more than one person is at fault.

This means you should not automatically abandon a potential personal injury claim merely because you believe you made a mistake.

What if I was a passenger and the driver was at fault?

Passengers can have personal injury claims arising from motor vehicle collisions.

The circumstances will determine who may be legally responsible and what insurance coverage applies.

Passengers should also be aware of the accident benefits available under Alberta’s automobile insurance system.

Read Introduction to Car Insurance – Section B Benefits for more information.

Does partial fault affect how much my personal injury claim is worth?

It can.

The value of a personal injury claim depends on both the damages suffered and the legal responsibility for those damages.

For example, a person may have significant medical expenses, lost income, pain and suffering, and future care requirements. If the evidence establishes that the injured person also contributed to the accident, the legal consequences of that finding must be considered when evaluating the claim.

Learn more about the different categories of damages in Types of Damages in Personal Injury Claims.

How does partial fault affect pain and suffering?

Pain and suffering is one component of a personal injury claim, but it is not the only one.

The overall claim can also include financial losses such as income loss, future earning capacity, treatment costs, future care, housekeeping losses, and other damages where legally recoverable.

For more information about how the overall value of a claim is assessed, read How Do Lawyers Decide How Much a Personal Injury Claim Is Worth?.

What evidence should I preserve if fault is disputed?

If liability is disputed, preserve evidence as soon as possible.

• Take photographs of the accident scene.
• Photograph all vehicles and visible damage.
• Record the location and direction of travel.
• Obtain witness contact information.
• Keep dashcam footage.
• Keep relevant correspondence from insurers.
• Keep copies of police or collision reports.
• Document your injuries and treatment.
• Keep records of income loss.
• Do not delete relevant text messages, photographs, emails, or video.

The earlier relevant evidence is preserved, the less likely it is that important information will be lost.

What if there are multiple drivers?

Multi-vehicle collisions can make liability significantly more complicated.

Several drivers may have contributed to the accident. Each driver’s conduct may need to be examined separately.

Determining liability can require analysis of vehicle positions, traffic signals, speed, following distance, lane changes, road conditions, witness evidence, vehicle damage, and sometimes accident reconstruction evidence.

If you were injured in a multi-vehicle collision, it is particularly important not to assume that another driver’s insurance company’s position accurately reflects the complete picture.

What if I was partially at fault but seriously injured?

Serious injuries can make it especially important to obtain legal advice because the financial consequences may extend well beyond immediate medical treatment.

A serious injury may result in:

• permanent disability;
• long-term treatment;
• future care requirements;
• loss of employment;
• reduced earning capacity;
• significant changes to family life;
• loss of independence.

These potential losses should be evaluated alongside the liability issues.

For serious injuries, see Traumatic Brain Injury and the broader Personal Injury Law resources from Moustarah & Company.

Does Alberta’s Care-First system change partial-fault claims?

Alberta is scheduled to transition to its Care-First automobile insurance system for collisions occurring on or after January 1, 2027.

This makes the date of a collision particularly important during the current transition period.

Under the existing system, fault-based personal injury claims can involve questions of negligence and contributory negligence. The legal framework for collisions occurring after the Care-First implementation date is different.

Read Alberta Care-First No-Fault Insurance: When Can I Still Sue? for more information about the transition.

How long do I have to make a claim?

Do not wait to investigate your legal rights simply because you believe you may have contributed to the accident.

In many Alberta injury claims, a two-year limitation period is important. However, limitation law is fact-specific and exceptions and special rules can apply.

The Alberta Courts advise that limitation periods are complex and that people should obtain legal advice when there is uncertainty about a deadline.

Read 2 Years Less a Day: The Deadline to File a Personal Injury Claim.

Frequently Asked Questions

Can I make a personal injury claim if I was partially at fault?

Potentially. Alberta law recognizes situations where more than one person contributes to an accident. Your degree of fault can affect the legal outcome and amount of compensation.

What if I was speeding when another driver hit me?

Speeding may be relevant to determining fault, but it does not automatically mean you have no claim. The circumstances of the collision and the evidence must be examined.

What if the insurance company says I was at fault?

An insurer’s liability assessment is not necessarily the final determination of your civil claim. If you disagree, preserve your evidence and consider obtaining independent legal advice.

Does being partly at fault mean I get nothing?

Not necessarily. Where more than one person is at fault, Alberta’s contributory negligence rules can apportion responsibility according to the circumstances.

Can a passenger make a claim if the driver was partly at fault?

Potentially. Passengers may have rights arising from a collision, depending on the circumstances, the parties involved, and applicable insurance coverage.

Should I admit fault to the insurance company?

You should be careful about making statements concerning legal responsibility before you understand the circumstances and evidence. If liability is disputed and you have been injured, obtaining legal advice can help you understand what information should be provided.