If you’ve been in a collision and think you may share some of the blame, you’re not alone in asking: can I still sue if I was partially at fault for the car accident? In Alberta, the answer is yes. Even if you made a mistake that contributed to the crash, you can still pursue compensation for your injuries and losses.
At MNH Injury Lawyers, our Edmonton car accident lawyer regularly helps clients injured in collisions where the fault isn’t black and white. Whether you were slightly speeding, missed a turn signal, or didn’t see another vehicle coming, you may still have a strong claim—especially if the other driver was more responsible for the accident.
Alberta law recognizes that fault is often shared, and the system is designed to make sure you’re not unfairly denied the support you need just because you weren’t perfect.
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Can I Still Sue If I Was Partially at Fault for the Car Accident?
Yes. Alberta uses a legal framework called contributory negligence. This means that you can still sue for damages, even if you were partially to blame. Your compensation may be reduced by the percentage of fault assigned to you—but you are not barred from making a claim.
For example:
- If a court determines you were 30% at fault, you can still recover 70% of your total damages.
- If both drivers were equally at fault, you can still recover 50% of your claim.
This approach encourages fairness and recognizes that in many car accidents, both drivers might have made a mistake.
This is particularly important in Edmonton car accident lawyer cases, where road conditions, traffic congestion, and multiple vehicle involvement can make fault more difficult to determine. Don’t assume that partial fault means no legal options—because that’s simply not the case under Alberta law.
Understanding Contributory Negligence in Alberta Car Accident Cases
Contributory negligence allows fault to be shared between two or more parties. It also gives you the right to recover a portion of your damages, even if your actions played a role in the crash.
Here are some real-world examples:
- You were driving slightly over the speed limit, but another driver ran a red light and hit you.
- You made a wide turn without signaling, but the other vehicle was tailgating and failed to stop in time.
- You were rear-ended in slow traffic, but your brake lights weren’t working properly.
In all of these cases, you may still be entitled to compensation, even if you share part of the blame.
As your Edmonton car accident lawyer, MNH Injury Lawyers can investigate the circumstances of the crash, gather evidence, and fight to ensure that your share of fault is fair—and that your compensation reflects the true cost of your injuries.
What Types of Damages Can You Still Recover?
Being partially at fault does not cancel your ability to recover significant compensation for the impact of your injuries. In most cases, you can still claim:
- Pain and suffering
- Loss of income due to missed work or reduced ability to earn
- Diminished earning capacity if you can no longer work as you did before
- Out-of-pocket costs related to rehab, therapy, or travel
- Emotional and psychological distress
- Damage to your vehicle or personal property
Remember: Alberta’s Minor Injury Regulation (MIR) may cap compensation for certain soft tissue injuries, but many claims exceed this threshold—especially if you’ve suffered chronic pain, psychological trauma, or lasting impairment.
Even if you’re partially at fault, you may qualify for compensation well beyond the MIR cap, depending on your diagnosis and recovery trajectory.
Will Section B Accident Benefits Still Apply?
Absolutely. Alberta’s Section B accident benefits are no-fault benefits—meaning you are entitled to them regardless of who caused the crash.
Section B benefits provide:
- Up to $50,000 in medical and rehabilitation expenses
- Disability income benefits if you can’t return to work
- Reimbursement for travel to medical appointments
- Funeral and death benefits if the accident was fatal
These benefits are built into all standard Alberta auto insurance policies and serve as your first line of support after a crash. Even if you’re partially at fault, they’re available to help cover the immediate financial burden of injury.
However, it’s important to file the right forms and meet all deadlines. An Edmonton car accident lawyer at MNH Injury Lawyers can guide you through the Section B process while building your larger injury claim.
How Fault Is Determined After a Collision
Fault in Alberta car accidents isn’t always obvious—and it’s rarely based on just one person’s version of events. If you’re partially at fault, the exact percentage will be determined by analyzing a variety of factors, including:
- Police collision reports: Officers may include observations or charges laid at the scene. While not final, these reports often carry weight.
- Witness statements: Eyewitnesses can provide unbiased perspectives on what happened in the moments leading up to the crash.
- Vehicle damage and scene photos: Skid marks, vehicle positions, and damage patterns help reconstruct the collision.
- Dashcam or surveillance footage: Many accidents today are recorded, either by your own dashcam or security cameras nearby.
- Statements made to insurers: What you say during your insurance claim can impact how fault is assigned—so be careful and consult a lawyer first.
If your accident occurred in or around Edmonton, we recommend speaking with an Edmonton car accident lawyer as early as possible. Quick action allows us to preserve evidence before it disappears and begin shaping your case before fault is unfairly assigned.
Mistakes to Avoid If You Were Partially At Fault
When you’re involved in a collision and believe you might share some blame, it’s important to avoid these common missteps:
- Admitting fault at the scene: You may feel guilty, but don’t guess or apologize—it can be used against you. Let the investigation determine fault.
- Delaying medical care: Waiting days or weeks to seek treatment weakens your injury claim and makes insurers question the seriousness of your injuries.
- Talking to the other party’s insurer: They’re looking to minimize your claim. Let your lawyer handle communication.
- Posting about the accident on social media: Even harmless posts can be twisted by insurance companies to challenge your credibility or injury severity.
- Accepting a quick settlement: These often don’t reflect your total losses, especially in partial fault cases. Always have an offer reviewed first.
Even if you think you’re partially to blame, you may be underestimating your legal rights. A skilled lawyer can shift the blame more fairly and ensure your recovery is not undervalued.
When a Personal Injury Lawyer Can Help You Recover More
Partial fault doesn’t mean partial effort from your legal team. In fact, these cases often require a more careful strategy to reduce your percentage of blame and increase the value of your claim.
At MNH Injury Lawyers, we help by:
- Gathering crash evidence early (before it disappears)
- Analyzing fault apportionment and contesting unfair assumptions
- Working with accident reconstruction experts when needed
- Highlighting the full impact of your injuries through strong medical evidence
- Negotiating with insurers from a position of strength
We’ve helped many clients recover substantial compensation even when they were partially at fault—especially in busy, high-volume areas like Edmonton, where accidents are often complex and involve multiple vehicles or unique road conditions.
If you’re looking for an experienced Edmonton car accident lawyer who understands Alberta’s contributory negligence laws, we’re ready to stand in your corner.
What If Fault Is Disputed or Unclear?
Disagreements about fault are extremely common, especially when both drivers have valid perspectives. In some cases, fault is evenly split between more than two parties—for example, when multiple vehicles are involved or when a pedestrian or cyclist enters the equation.
When fault is unclear:
- An independent investigation becomes essential
- Your lawyer may request dashcam footage, black box data, or surveillance video
- Expert witnesses can reconstruct how the accident occurred
- Witnesses may be re-interviewed under oath or cross-examined
What matters most is having someone on your side who knows how to push back against insurer assumptions, collect the right evidence, and advocate for your best possible outcome.
And remember: Even if you’re 1% at fault, you can still bring a claim under Alberta law.
How Alberta’s Minor Injury Regulation (MIR) May Impact Your Claim
In Alberta, the Minor Injury Regulation (MIR) limits compensation for certain soft tissue injuries, such as whiplash or sprains, if they are deemed minor and do not result in long-term impairment.
However, if you were partially at fault for the accident, that does not automatically limit your compensation under MIR. The cap (approximately $5,800 in 2025) only applies if your injuries fall within the MIR definition.
If your injuries:
- Cause ongoing pain,
- Result in psychological harm (e.g., anxiety, PTSD), or
- Lead to reduced ability to work or enjoy life,
they may be excluded from MIR — meaning you could receive significantly more in damages, even with shared fault.
A qualified Edmonton car accident lawyer can help determine whether your injuries fall outside the cap and ensure that your full suffering is acknowledged and pursued.
Psychological Injuries in Partial Fault Car Accidents
Car accidents don’t just leave physical scars. Many people experience:
- Depression from chronic pain
- Anxiety about driving or being in traffic
- Panic attacks related to the crash
- Sleep disturbances and flashbacks
Even if you were partially responsible for the collision, these injuries are legally compensable in Alberta. With proper documentation from medical professionals (including psychologists or psychiatrists), your psychological harm can form a critical part of your injury claim.
Don’t downplay emotional trauma. A seasoned Edmonton car accident lawyer will work with your healthcare providers to build a complete picture of the accident’s impact on your mental health.
What Happens If Both Drivers Are Equally at Fault?
In some cases, both parties may be found 50/50 responsible. When this happens:
- You can still pursue a claim
- Your compensation will be reduced by 50%
- Section B benefits still apply in full
- The other driver can also make a claim against you
These situations can be tricky because both parties have something to lose—and both insurers may try to shift blame. That’s where having a lawyer comes in: to protect your interests, push back against unfair assessments, and keep the case focused on the actual facts and evidence.
At MNH Injury Lawyers, we help Edmonton-area clients navigate 50/50 fault claims with confidence and care.
The MNH Injury Lawyers Advantage: Local Insight, Full Support
At MNH Injury Lawyers, we’re more than legal advisors—we’re a team of compassionate professionals who understand what you’re going through. Whether your car accident happened in downtown Edmonton, on Anthony Henday Drive, or along an icy highway outside the city, we bring:
- Knowledge of Alberta’s contributory negligence law
- Experience with complex partial-fault cases
- Trusted relationships with medical professionals and accident experts
- A track record of helping Edmonton car accident lawyer clients recover what they’re owed
We’ll help reduce your share of blame, maximize your compensation, and guide you through every step of the legal process. Your recovery—physically and financially—starts with the right legal strategy.
Why Choose an Edmonton Car Accident Lawyer if You’re Partially at Fault
If you’ve been in a crash where blame is shared, you need more than just general legal advice—you need targeted, local support. Choosing an Edmonton car accident lawyer means partnering with someone who understands:
- The Alberta Insurance Act and how it applies to fault-based claims
- The reality of urban collisions in Edmonton, from congested intersections to winter road conditions
- The nuances of Section B benefits, the Minor Injury Regulation, and how fault affects recovery
- How insurers in Alberta handle partial fault claims—and how to respond effectively
At MNH Injury Lawyers, we don’t treat you like just another file. We investigate your case fully, challenge unfair fault assessments, and fight to make sure your compensation reflects the full impact of your injuries.
If you think partial fault disqualifies you from suing, think again. The law is on your side—and so are we.
Think You Were Partially at Fault for a Car Accident? Talk to MNH Injury Lawyers Today
To recap: can you still sue if you were partially at fault for the car accident? Yes, you can. Alberta’s contributory negligence system allows you to recover compensation even if the accident was partly your fault.
Whether you’re 10% or 50% responsible, you still have the right to claim for:
- Pain and suffering
- Lost income
- Psychological trauma
- Vehicle and property damage
- Long-term life changes
Don’t let uncertainty—or insurance pressure—keep you from getting help. An experienced Edmonton personal injury lawyer can help you navigate the system, protect your rights, and maximize your recovery.
Call MNH Injury Lawyers at (888) 664-5298 for a free consultation today. Let’s find out what your case is really worth.
