Spinal cord injuries are among the most life-altering personal injuries a person can suffer. In Alberta, individuals who sustain these catastrophic injuries often face long-term consequences such as paralysis, chronic pain, loss of independence, and significant psychological distress.
But what happens if you were partially at fault for the accident that caused your spinal cord injury? Can you still file a personal injury claim? Will your compensation be reduced or denied entirely?
This guide explains how Alberta law handles contributory negligence, how fault is determined and apportioned, and why partial fault does not mean you forfeit your right to compensation. A Calgary spinal cord injury lawyer can help you understand your legal position and advocate for the compensation you deserve.
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Understanding Partial Fault in Personal Injury Law
In Alberta, the legal principle of contributory negligence applies when more than one party—including the injured person—is found to have contributed to the accident or incident that caused harm.
Contributory negligence does not bar recovery of compensation. Instead, it means that your damages may be reduced in proportion to your level of fault.
For example, if you’re found to be 25% responsible for the accident and the total damages are valued at $800,000, your compensation would be reduced by 25%, leaving you with $600,000.
This system ensures that compensation is based on shared responsibility—and reflects the conduct of everyone involved in the incident.
How Spinal Cord Injuries Complicate Liability
Spinal cord injuries tend to generate significantly higher damages than most other injuries. Victims may require:
- Full-time care or assisted living
- Wheelchairs or mobility devices
- Occupational therapy and long-term rehabilitation
- Modifications to their home and vehicle
- Loss of income over decades
- Psychological support for anxiety, PTSD, or depression
Because of this, even a small percentage of fault assigned to the other party can still result in substantial compensation. Courts recognize the irreversible impact of these injuries—and that compensation is critical for dignity, independence, and basic needs.
Examples of Shared Fault in Spinal Injury Cases
Partial fault scenarios are common in serious accidents. Below are real-world examples of how spinal cord injuries may involve contributory negligence:
Not Wearing a Seatbelt
A car accident victim suffers a spinal injury after being ejected from a vehicle. They were not wearing a seatbelt. The other driver ran a red light and caused the crash.
Result: The court may assign 20–30% of the blame to the victim for not wearing a seatbelt but still award damages because the other driver caused the accident.
Cyclist Not Using Reflective Gear
A cyclist is hit by a speeding car at night and sustains a spinal injury. The cyclist had no reflectors or lights on their bike.
Result: The driver may still bear most of the responsibility for speeding, but the cyclist’s lack of visibility could reduce their compensation by a percentage.
Sports Injury Where the Victim Ignored Warnings
A recreational athlete suffers a spinal injury after using equipment improperly, despite a coach’s warnings. However, the equipment was poorly maintained.
Result: The player may share fault, but the school or organization could still be held liable for failing to maintain safe conditions.
Workplace Safety Violation
An employee falls from scaffolding and suffers spinal trauma. The worker removed their safety harness, but the company failed to conduct proper safety inspections.
Result: Compensation may still be available under tort if negligence can be shown, even if the injured party bears partial responsibility.
How Courts Calculate Damages When You’re Partially at Fault
Alberta courts calculate damages in shared fault cases using a comparative fault model. Here’s how it works:
- The court determines the total value of your damages—including pain and suffering, medical costs, lost income, and more.
- The court then assesses your percentage of fault based on the evidence.
- Your total compensation is reduced by that percentage.
This formula helps ensure fairness. Victims are held accountable for their own conduct, but they are not deprived of the compensation they need to rebuild their lives—especially when serious injuries like spinal cord damage are involved.
Can You Still Sue If You’re Partially Responsible?
Yes. Alberta law does not prevent you from filing a personal injury claim just because you may have contributed to the accident.
Unless you are found to be 100% at fault, you can still file a claim and recover damages. In fact, many successful spinal injury lawsuits involve victims who were partially—but not entirely—at fault.
Because spinal cord injuries tend to result in such significant losses, even a reduced claim can result in hundreds of thousands—or millions—of dollars in compensation.
How Insurers Use Shared Fault to Reduce or Deny Claims
Insurance companies are highly motivated to minimize what they pay out. One common strategy is to shift blame onto the injured person in an attempt to argue contributory negligence.
Tactics may include:
- Claiming you “should have known better”
- Suggesting you ignored safety procedures
- Arguing that your actions were the main cause of the accident
- Using incomplete witness statements or selective surveillance footage
- Downplaying the severity of your injury
- Delaying the process in hopes you’ll accept less
In these cases, having a personal injury lawyer on your side is essential. Your legal team can collect evidence, challenge the insurer’s narrative, and present a fair picture of fault.
Proving That Someone Else Was Still Negligent
In order to recover compensation, you must show that another party owed you a duty of care, breached that duty, and caused your injury.
Negligence can be shown in many ways, depending on the context:
- In a car accident, by proving the other driver violates traffic laws
- In a fall, by showing the property owner failed to maintain safe conditions
- In a workplace injury, by pointing to safety violations or poor training
- In sports, by establishing reckless coaching or inadequate supervision
Your lawyer may use:
- Expert testimony (e.g., engineers, accident reconstructionists)
- Medical records
- Photographs of the scene
- Witness statements
- Police or incident reports
- Internal documents from the defendant (e.g., safety logs)
How Alberta Courts Have Handled Contributory Negligence
Canadian courts, including those in Alberta, recognize that life is complex—and fault isn’t always clear-cut.
In the case Hickey-Button v. Loyal Order of Moose, the Alberta Court of Queen’s Bench found a plaintiff 25% responsible for their injuries after attending an event with known hazards. The court still awarded damages based on the other party’s negligence.
What matters is proportionality. Alberta courts are guided by what a reasonable person would do, and they do not expect perfection. Even if you made a mistake, courts are willing to hold others accountable if their conduct worsened or directly caused the injury.
Strategies to Minimize Your Assumed Fault in a Legal Claim
If you’ve been seriously injured and may share fault, there are several steps you can take to protect your rights and reduce your assessed liability:
- Preserve all evidence: Photos, video, witness contact info, and your own notes
- Get immediate medical care and follow all recommendations
- Avoid posting about the incident on social media
- Be honest and consistent when speaking with healthcare providers or insurers
- Retain a lawyer early to begin building your case
These actions demonstrate that you’re acting responsibly and can help rebut attempts to unfairly shift blame.
Why Legal Help Is Essential in Shared Fault Cases
Shared fault cases are often the most strategically complex in personal injury law.
They involve:
- Careful evaluation of evidence
- Multiple theories of liability
- Insurance companies that are eager to shift blame
- Large damages that insurers want to avoid paying
A personal injury lawyer can help you:
- Collect and organize compelling evidence
- Engage expert witnesses to support your claim
- Challenge the insurer’s arguments about fault
- Navigate Alberta’s legal procedures and court rules
- Maximize compensation despite partial responsibility
You don’t need to go through this process alone. With the right legal support, you can hold others accountable and secure the resources needed to rebuild your life.
The Psychological Impact of Partial Fault in Catastrophic Injury Cases
Spinal cord injuries don’t just damage the body—they have a lasting psychological impact. When injured individuals are told they were “partially at fault,” it can lead to feelings of guilt, shame, and even depression, especially when the outcome is life-changing.
Many spinal injury victims question their own decisions in the moments leading up to the accident:
- “What if I had taken a different route?”
- “Was I going too fast?”
- “Should I have spoken up about that safety concern?”
It’s important to remember that fault does not equal blame. Under Alberta law, contributing to your injury does not diminish the seriousness of your condition or your right to seek help. You are not alone—and legal guidance can help shift the focus away from guilt and toward recovery and justice.
What Happens When Multiple Parties Share Responsibility?
In many spinal cord injury cases, more than two parties share responsibility for the event. For example:
- A driver rear-ends another car while speeding
- The vehicle’s airbag fails to deploy properly
- The municipality had poor road maintenance that worsened the crash
In this scenario, liability might be split among the speeding driver, the vehicle manufacturer, and the city. Even if the injured person contributed by not wearing a seatbelt, the court would weigh each party’s conduct when assigning fault.
These multi-party claims require detailed investigation and often involve negotiations between multiple insurers. An experienced personal injury lawyer can coordinate this process to ensure your share of damages is not unfairly reduced due to overlapping responsibilities.
Alberta’s Emphasis on Fairness Over Perfection
Alberta courts are not in the business of expecting perfect behaviour. Instead, they evaluate whether a person acted reasonably under the circumstances. If your actions made sense in the moment—even if they weren’t ideal—you may still have a very strong case.
For example:
- A pedestrian crosses the street outside a crosswalk but is hit by a driver who was texting
- A construction worker slips on an icy scaffold after being told the worksite was safe
- A cyclist enters an intersection just as a distracted driver blows through a red light
In each of these scenarios, courts are likely to compare degrees of fault, not eliminate the injured person’s rights altogether. Alberta’s legal framework is designed to be proportional, not punitive.
Why You Should Hire MNH Injury Lawyers for Your Shared Fault Case
When you’re dealing with a spinal cord injury and suspect you may be partially at fault, choosing the right legal representation is one of the most important decisions you can make.
Here’s why injured Albertans trust MNH Injury Lawyers:
- We focus exclusively on personal injury law. We understand the intricacies of contributory negligence and have handled high-stakes spinal cord injury cases involving complex liability.
- We know Alberta’s legal system inside and out. From Edmonton to Calgary, we’ve seen how local courts treat fault, damages, and catastrophic injury claims.
- We don’t let insurance companies shift blame unfairly. We anticipate their strategies and build strong evidence-backed cases to defend your rights.
- We fight for full, fair compensation. Even if you were partially at fault, we make sure your future care, lost income, and pain and suffering are fully accounted for.
- We support you with compassion. We understand the emotional and financial toll of spinal cord injuries, and we stand by you every step of the way.
If you’re unsure whether you have a claim, we invite you to speak with us. We’ll give you an honest evaluation—and a path forward.
What to Expect When You Call for a Free Case Evaluation
When you contact MNH Injury Lawyers, you’re not just getting a consultation—you’re getting clarity. Here’s what you can expect:
- We’ll listen to your story. No judgment, no assumptions—just a careful review of what happened.
- We’ll explain your legal options. We’ll walk you through how contributory negligence might apply and whether you can still pursue damages.
- We’ll answer your questions. How much compensation might be available? What’s the process like? What should you do next?
- We’ll help you understand the value of your case. Even if you were partially responsible, your injuries and your losses still matter.
- We’ll handle the legal side—so you can focus on recovery.
Spinal injuries take enough out of you. You shouldn’t have to navigate the legal system on your own. Let us carry that burden for you.
Looking for Help After a Spinal Injury Where You May Be Partially at Fault?
If you’ve suffered a spinal cord injury and are worried that your actions might limit your legal options, don’t assume the worst. In Alberta, partial fault does not mean you can’t pursue a claim—and it certainly doesn’t mean you deserve less justice.
At MNH Injury Lawyers, we have helped many people navigate complex, high-stakes personal injury claims—even in cases where fault is disputed. As your Calgary personal injury lawyer, we understand spinal cord injuries. We know Alberta’s contributory negligence rules. And we’re here to fight for your future.
Call us at (888) 664-5298 for a free, confidential consultation. Let’s talk about your story—and your path forward.
