Comparative Negligence in Bicycle Accidents
Cyclists and drivers share Alberta's roads — and when collisions happen, determining who's at fault isn't always straightforward. In many bicycle accidents, both parties may have made mistakes that contributed to the crash.
This is where comparative negligence (also called contributory negligence) comes in. It's a legal principle that determines how much each person's actions contributed to the accident — and how that affects compensation.
As Alberta injury lawyers who have handled hundreds of bicycle and pedestrian claims, we know how insurers use comparative negligence to reduce payouts. This guide explains how fault is divided, how it impacts settlements, and what cyclists can do to protect their claim.
This guide covers:
What Is Comparative Negligence?
Comparative negligence means that when more than one person is responsible for an accident, compensation is shared according to each party's degree of fault.
Example:
Common Scenarios Involving Shared Fault
Many Alberta bicycle accidents involve some level of shared responsibility. Common examples include:
Unsafe turns
A driver cuts across a bike lane, but the cyclist was riding without lights.
Stop-sign collisions
The cyclist slows but doesn't fully stop, while the driver fails to yield.
Dooring incidents
The driver opens a car door without checking, but the cyclist was riding too close to parked cars.
Sidewalk cycling
The cyclist was riding on a sidewalk and entered a crosswalk unexpectedly.
Poor visibility
Both parties fail to use appropriate lighting or reflective gear at night.
Even when cyclists make small errors, they still have strong claims when a driver's negligence is the main cause of the crash.
Steps to Take After a Bicycle Accident
Your actions immediately after a bicycle accident can protect your health and strengthen your claim.
Call 911 and ensure police attend the scene
A police report is crucial for documenting the accident and establishing fault.
Seek immediate medical attention, even for minor injuries
Medical records document the extent of your injuries and link them to the accident.
Take photos of the scene, vehicles, and any visible injuries
Visual evidence helps prove fault and the severity of the crash.
Gather witness contact information
Independent witnesses can confirm how the accident happened.
Request the police report number
This helps you obtain the official report later.
Avoid speaking to insurers before getting legal advice
Insurers may use your statements to reduce your claim.
Contact an Alberta bicycle-injury lawyer quickly to protect your rights and evidence
Early legal involvement ensures evidence is preserved and deadlines are met.
How a Lawyer Protects Your Claim
An experienced bicycle accident lawyer can help minimize your share of fault and maximize your compensation:
Challenges Unfair Fault Assessments
Disputes insurer claims about your percentage of fault with evidence and legal precedent.
Gathers Strong Evidence
Obtains police reports, video footage, and expert analysis to prove the driver's primary fault.
Works with Accident Reconstruction Experts
Uses professional analysis to measure speeds, distances, and reaction times.
Negotiates Aggressively
Fights for fair compensation even when comparative negligence is involved.
Handles All Communication
Protects you from insurer pressure and ensures your statements don't harm your case.
Frequently Asked Questions
Conclusion
Comparative negligence doesn't mean cyclists lose their right to compensation — it simply adjusts recovery based on responsibility. In most Alberta bicycle accidents, drivers bear the majority of fault because they control the heavier, more dangerous vehicle and have a greater duty to avoid collisions.
Get medical attention immediately
Preserve all evidence and photos
Avoid insurer communication
Contact a lawyer early to protect your rights
Still have questions? Contact us today — your consultation is free.
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