After an accident, one of the most common questions people ask is whether they can still recover compensation if they were partly to blame. Sometimes an insurance adjuster raises this issue early. Other times, people replay the accident in their own mind and conclude they must share some responsibility.

In Alberta, being partially at fault does not automatically prevent you from receiving compensation. In fact, many injury claims involve shared responsibility. What matters is how fault is assessed, how it is allocated, and how insurers use partial fault to reduce payouts.

Understanding this framework is critical before you accept blame, agree to fault percentages, or settle your claim.

The Short Answer: Yes, Partial Fault Does Not Bar a Claim

Alberta follows the principle of contributory negligence. This means that more than one party can be legally responsible for an accident and its consequences.

In practical terms:

You can still recover compensation even if you were partly at fault
Your compensation is reduced by your percentage of responsibility
You are only barred from recovery if you are found 100% at fault

Partial fault affects the amount you recover, not your right to recover.

How Contributory Negligence Works in Alberta

Fault in Alberta is allocated as a percentage based on how each party’s actions contributed to the accident.

For example:

If you are found 15% at fault, your damages are reduced by 15%
If you are found 30% at fault, your damages are reduced by 30%
Even at 50% fault, you can still recover the remaining 50%

This applies to pain and suffering, income loss, and other compensable damages.

The key issue is not whether fault exists, but how much fault is fairly attributed.

Partial Fault Is Far More Common Than People Realize

Most accidents do not involve one person doing everything wrong and the other doing everything right. Real-world driving, walking, and working conditions are messy and imperfect.

Insurers frequently allege partial fault in cases involving:

Rear-end collisions with sudden braking
Left-turn accidents where speed or visibility is questioned
Intersection collisions with disputed right of way
Pedestrian accidents involving lighting or crossing location
Multi-vehicle collisions where reaction times matter

In many cases, these allegations are overstated or unsupported by the evidence.

Early Fault Assessments Are Often Incomplete or Wrong

One of the biggest mistakes injured people make is assuming that early fault assessments are final.

Fault determinations may be unreliable when:

Police reports are preliminary
Witness statements are limited or contradictory
Dashcam or video evidence is missing or unclear
Road, weather, or visibility conditions are not fully considered

Insurance adjusters often assign fault early to control exposure. Those early assessments are frequently revised—or overturned—once the full picture emerges.

How Insurers Use Partial Fault to Reduce Payouts

Partial fault is one of the most effective tools insurers have to reduce claims. Even a small increase in fault allocation can significantly reduce compensation.

Common insurer tactics include:

Focusing on minor or technical errors
Encouraging early admissions of responsibility
Framing partial fault as a reason to settle quickly
Suggesting that shared fault makes a claim weak

These strategies are designed to create doubt and pressure, not necessarily to reflect what a court would decide.

What Partial Fault Does Not Do

Being partially at fault does not:

Eliminate your right to compensation
Automatically cap your damages
Prevent recovery of medical and wage loss benefits
Allow the other party to avoid responsibility

Partial fault reduces damages proportionately. It does not erase the claim.

The Importance of Evidence in Shared Fault Cases

Fault is determined by evidence, not assumptions or apologies. Statements made at the scene are often incomplete and influenced by shock or stress.

Key evidence includes:

Police reports and collision diagrams
Witness statements
Dashcam or surveillance footage
Accident reconstruction evidence
Medical evidence linking injuries to the mechanism of the accident

Admitting fault too early—especially without advice—can undermine a claim even when the evidence supports a different allocation.

Why Timing Matters in Partial Fault Claims

Another common risk is settling too early. Early settlements often:

Lock in inflated fault percentages
Ignore injuries that worsen over time
Undervalue long-term impact on work and daily life
Prevent later reassessment if evidence changes

Once a settlement is reached, fault allocations are extremely difficult to revisit.

Why Legal Advice Makes a Difference

Contributory negligence is one of the most heavily litigated areas of personal injury law. A small shift in fault allocation can translate into a large financial difference over the life of a claim.

A dedicated Alberta personal injury lawyer can:

Assess whether fault allegations are justified
Push back against exaggerated responsibility
Ensure fault allocation is evidence-based
Prevent premature admissions or settlements
Protect your right to fair compensation

Insurers take a very different approach once shared fault arguments are properly challenged.

The “Home Field” Advantage

Alberta courts deal with shared fault cases every day. Judges recognize that accidents are rarely one-sided and that fault must be assessed carefully and proportionately.

At Shiv Ganesh Professional Corporation, we represent injured people—not insurers. We understand how partial fault is used to reduce claims and how to challenge those positions effectively.

Don’t Let Partial Fault End Your Claim

Many valid claims are abandoned because people assume partial fault means no recovery. In Alberta, that assumption is usually wrong.

If you were injured and are being told you were partially at fault—or if you are unsure how fault affects your claim—get advice before accepting responsibility or settling.

Injured and concerned about shared fault?

Contact us today for a free consultation. We’ll review the facts, explain how contributory negligence applies in your case, and help protect your right to fair compensation.