How shared fault actually works
Under Alberta's Contributory Negligence Act, when more than one person's negligence causes an accident, the court apportions fault in percentages, and each party's recovery is reduced by their share. Found 25% at fault on a $200,000 claim? You recover $150,000. That is a claim worth pursuing, not abandoning.
Classic shared-fault scenarios: not wearing a seatbelt, crossing mid-block, entering an intersection on a stale yellow, or accepting a ride from an impaired driver. None of them are fatal to a claim.
Never accept the insurer's fault split
Fault apportionment is where insurers quietly take the most money. An adjuster's "we assess you 50% at fault" is an opening position, not a ruling, and the difference between 50% and 20% on a serious claim is enormous. Fault percentages are negotiated and litigated on evidence: reconstruction, road design, visibility, and witness accounts.
- Pain and suffering (general damages) for the injury itself and its effect on your life
- Lost income and lost earning capacity, past and future
- Medical and rehabilitation costs including physiotherapy, medication, and equipment
- Cost of future care for lasting injuries
- Housekeeping and loss of valuable services you can no longer perform
- Out-of-pocket expenses from mileage to childcare
Alberta Accident Law works on a full contingency basis: you pay nothing unless we win. There are no hourly rates, no retainers, and no bill if your claim does not succeed. Your case review is free, confidential, and carries no obligation, so finding out where you stand costs you nothing.
Shared-fault claims in Calgary
Deerfoot Trail (Highway 2) and the Stoney Trail ring road see the city’s most serious high-speed collisions, while Crowchild Trail, Glenmore Trail, and Macleod Trail produce heavy commuter-traffic crashes. Black ice during Chinook freeze-thaw cycles is a frequent factor.
Under Alberta's Limitations Act you generally have 2 years from the date of the accident to start a claim, and some situations carry much shorter notice deadlines. Evidence also degrades quickly: skid marks fade, camera footage is overwritten, and witnesses forget. Calgary injury lawsuits are filed at the Calgary Courts Centre on 5th Street SW, in the Court of King’s Bench of Alberta. Smaller claims may proceed in the Alberta Court of Justice. The sooner we start, the stronger your position.