What Is Negligence and How Is Fault Determined in an MVA?

What Is Negligence?

In personal injury law, negligence generally means failing to exercise the level of reasonable
care that the circumstances require, resulting in harm to another person.

Negligence does not necessarily mean that a driver intended to cause an accident or intended
to injure someone. In many motor vehicle accidents, the conduct is careless rather than
intentional.

For example, a driver may be negligent by:

• Driving while distracted by a cellphone or other device;
• Speeding or driving too fast for road or weather conditions;
• Following another vehicle too closely;
• Failing to stop at a red light or stop sign;
• Failing to yield the right of way;
• Making an unsafe left turn;
• Changing lanes without ensuring it is safe to do so;
• Driving while impaired by alcohol or drugs;
• Failing to maintain proper control of the vehicle; or
• Failing to take reasonable precautions in dangerous driving conditions.

Alberta’s Traffic Safety Act contains numerous rules governing how vehicles must be
operated. For example, Alberta law restricts the use of hand-held electronic devices while
driving and prohibits various distracting activities. A violation of a traffic law can be
important evidence when determining whether a driver acted negligently, although the legal
analysis of liability still depends on the facts of the particular case.

Learn more about the legal issues involved in an MVA on our
Motor Vehicle Accident Lawyers
page.

What Are the Elements of Negligence?

Establishing negligence generally requires more than showing that an accident occurred.
A personal injury claim requires evidence connecting the other party’s conduct to the
injuries and losses being claimed.

1. Duty of Care

Drivers owe a duty to operate their vehicles with reasonable care for the safety of other
road users. This includes other drivers, passengers, pedestrians, cyclists and other people
who may foreseeably be affected by the driver’s conduct.

2. Breach of the Duty of Care

The next question is whether the driver failed to meet the required standard of care.
A driver who texts while driving, runs a red light, speeds excessively, or makes an unsafe
manoeuvre may have breached that duty.

3. Causation

It is not enough to show that another driver behaved carelessly. There must also be a
connection between the negligent conduct and the collision and resulting injuries.

For example, if a driver was speeding but the evidence shows that the accident would have
happened in exactly the same way at the speed limit, the significance of the speeding may
be different than if excessive speed prevented the driver from stopping in time.

4. Damages or Loss

A personal injury claim also involves establishing the injuries and losses suffered as a
result of the accident. Depending on the circumstances, this may include pain and suffering,
medical expenses, rehabilitation expenses, lost income, reduced future earning capacity,
and other accident-related losses.

This is one reason why a car accident claim should not be evaluated solely by looking at the
visible damage to the vehicles. A relatively minor-looking collision can sometimes result
in significant and long-lasting injuries.

How Is Fault Determined in a Motor Vehicle Accident?

Determining fault in an MVA involves reconstructing what happened and evaluating the evidence.
Police, insurance companies, lawyers, witnesses, medical professionals and, where necessary,
accident reconstruction experts may all have different roles in establishing the facts.

The central questions often include:

• Where was each vehicle before the collision?
• What was each driver doing immediately before impact?
• What traffic signals or signs applied?
• Which vehicle had the right of way?
• How fast were the vehicles travelling?
• Was either driver distracted or impaired?
• Were road, weather or visibility conditions relevant?
• Could either driver reasonably have avoided the collision?
• Did the collision cause the injuries being claimed?
• Did the actions of more than one person contribute to the accident?

What Evidence Can Help Prove Fault?

Evidence is often critical in a disputed motor vehicle accident claim. Memories can change
and important details can be forgotten, particularly after a traumatic collision. Evidence
collected soon after an accident can therefore become extremely important.

Photographs and Video

Photographs can document vehicle damage, the location of the vehicles, skid marks, debris,
traffic signs, lane markings, road conditions and the surrounding intersection.

Dashcam footage, surveillance video and other recordings may also provide valuable evidence
about what happened immediately before the collision.

Witness Statements

Independent witnesses may be able to provide information about traffic signals, vehicle
positions, speed, driver behaviour and the events leading up to the collision.

Police Reports

A police investigation may provide important information about the collision, including
observations made at the scene, statements from drivers and witnesses, tickets or charges,
and other investigative findings.

A police determination or traffic ticket can be important evidence, but it does not necessarily
answer every question involved in a civil personal injury claim. The legal determination of
liability may require consideration of additional evidence.

Vehicle Damage

Damage patterns can help establish how a collision occurred. In more complicated cases,
photographs, vehicle inspections and expert accident reconstruction evidence may be required
to determine the sequence of events.

Medical Evidence

Medical records are important when the issue is not only who caused the collision, but also
what injuries the collision caused and how those injuries affected the person’s life.

Medical evidence may help establish the nature of the injuries, treatment requirements,
recovery process, prognosis and whether an accident has resulted in ongoing limitations.

Can More Than One Driver Be at Fault?

Yes. An MVA does not necessarily have to be entirely the fault of one driver.

There are situations where the conduct of multiple people contributes to a collision.
For example, one driver may make an unsafe left turn while the other driver is travelling
significantly above the speed limit. The evidence may show that both drivers contributed
to what happened.

This is sometimes referred to as contributory negligence or partial fault.
The existence and effect of partial fault depends on the facts and the applicable Alberta law.

Can I still make a personal injury claim if I was partially at fault? Yes. This is important because an injured person should not automatically assume that they have no claim simply because the other side alleges that they were partially responsible.

A careful investigation should determine what each person actually did, what they reasonably
should have done, and how their conduct contributed to the collision and resulting injuries.

Does Getting a Traffic Ticket Automatically Prove Negligence?

Not necessarily.

A traffic ticket, charge or conviction can be significant evidence, particularly where the
offence relates directly to the circumstances of the collision. However, a personal injury
claim involves its own legal analysis.

Conversely, the absence of a ticket does not necessarily mean that nobody was negligent.
Police officers investigate collisions for law-enforcement purposes, while a civil claim
considers liability, causation, injuries and damages.

For that reason, an injured person should not assume that a police report alone will determine
whether they have a viable personal injury claim.

What if the Other Driver Says the Accident Was Your Fault?

It is common for drivers involved in a collision to have different accounts of what happened.
Immediately after an accident, people may be frightened, confused or unsure about exactly
what occurred.

Avoid arguing about fault at the scene. Instead, focus on safety, obtaining medical attention
when necessary, reporting the collision when required, gathering information and preserving
available evidence.

If you are injured, be careful about making detailed statements about liability before you
have had an opportunity to understand the evidence. You should provide accurate information,
but you do not need to personally conduct the legal investigation at the roadside.

For additional information, see our guide to
Edmonton Car Accident Lawyers
and the common mistakes to avoid after a collision.

What Is the Difference Between Fault and Negligence?

The terms fault, negligence and liability are
closely related, but they are not necessarily interchangeable.

Negligence describes conduct that fails to meet the applicable standard of care.

Fault generally refers to responsibility for causing the collision or loss.
In a motor vehicle accident, fault may be allocated between parties depending on the evidence.

Liability is the legal responsibility for a loss or damage. Establishing
liability requires analyzing the applicable law together with the facts and evidence.

In practical terms, a personal injury lawyer investigating an MVA will look beyond the simple
question of “Who hit whom?” The more important question is often:
What caused the collision, who was legally responsible, and what injuries and losses
resulted?

How Alberta’s Insurance System Affects Fault

Alberta’s automobile insurance system can make the issue of fault confusing because different
rules apply to different types of claims.

For example, Alberta implemented Direct Compensation for Property Damage (DCPD)
effective January 1, 2022. In qualifying collisions, an insured driver generally deals with
their own insurer for vehicle damage rather than pursuing the at-fault driver’s insurer
directly for that property damage.

DCPD is primarily concerned with property damage. It should not be confused with the separate
legal issues involved in a personal injury claim.

Alberta is also transitioning to its Care-First automobile insurance system,
scheduled to begin January 1, 2027. Because Alberta’s automobile insurance rules are changing,
anyone injured in a motor vehicle accident should obtain advice based on the date of the
collision and the circumstances of their particular claim.

For current information about Alberta automobile insurance, consult the
Government of Alberta automobile insurance resources.

What Should You Do After an MVA?

If you have been injured in a motor vehicle accident, taking reasonable steps to preserve
evidence and document your injuries can be important.

1. Get to a safe location when possible.
2. Call emergency services when necessary.
3. Seek appropriate medical attention.
4. Report the collision as required.
5. Obtain the other driver’s contact and insurance information.
6. Identify witnesses and obtain their contact information.
7. Take photographs of the vehicles, accident scene, road conditions and surrounding area when it is safe to do so.
8. Keep records of medical treatment and accident-related expenses.
9. Keep notes about your symptoms and how your injuries affect your daily activities and ability to work.
10. Be cautious about making statements about fault before you understand the circumstances.
11. Consider speaking with an experienced personal injury lawyer if you have suffered significant or ongoing injuries.

Moustarah & Company has additional information about
what to do after a motor vehicle accident,
including preserving evidence and dealing with insurance companies.

Why Evidence Matters in an Alberta Personal Injury Claim

The sooner evidence is preserved, the easier it can be to establish what happened. Road
conditions change, vehicles are repaired, surveillance footage can be overwritten, witnesses
may become difficult to locate, and memories can fade.

A strong personal injury claim is therefore built on more than a person’s statement that
“the accident was not my fault.” The evidence should support the account of what happened
and connect the other party’s conduct to the collision and resulting injuries.

This is particularly important where liability is disputed, where more than one vehicle is
involved, where there are allegations of partial fault, or where the injuries are significant
or long-lasting.

How Can an Edmonton Personal Injury Lawyer Help?

Determining negligence and fault can become complicated when the drivers provide different
versions of events or when the insurance company disputes liability.

An experienced personal injury lawyer can investigate the collision, review available
evidence, assess the applicable law, obtain medical documentation and communicate with the
insurance company on your behalf.

Depending on the circumstances, investigating an MVA may involve reviewing:

• Police reports and collision documentation;
• Witness evidence;
• Photographs and video;
• Dashcam footage;
• Vehicle damage;
• Traffic signals and road configuration;
• Medical records;
• Employment and income records;
• Accident reconstruction evidence; and
• Other evidence relevant to liability and damages.

The goal is to establish the facts rather than simply accept an insurance company’s initial
assessment of responsibility or the other driver’s version of events.

Learn more about
personal injury claims in Alberta
and the types of compensation that may be available when another party’s negligence causes
injury.