Whenever there is an accident, the blame game starts between the people involved. It starts right at the scene of an accident. What happens may not always be the fault of the opponent. The victim or plaintiff may be partially responsible for what happens.
Since the plaintiff acted negligently, he/she should be accountable for the damages. This type of negligence is referred to as contributory negligence. You can ask for help from an Airdrie car accident lawyer if you belong to Alberta.
Their expert lawyers can help you understand who was responsible for the accident. In Alberta, Canada, car accidents take place almost constantly. Knowing who is at fault can simplify the case. Here we’ve discussed contributory negligence and how to deal with it.
What is Contributory Negligence?
By law, contributory negligence is the plaintiff’s failure to take adequate care to protect them. It’s a behavior for which one causes their own injury or loss. Often, the defendant uses contributory negligence as a defense.
Usually, a plaintiff brings a case against the opponent or defendant to receive compensation for the losses. However, when the plaintiff is found guilty of contributory negligence, he/she will get a reduced amount of compensation.
If the victim is found guilty of contributory negligence, the case becomes complicated. However, it is in the defendant’s interest. The defendant tries to prove that the plaintiff is to blame for what happened.
Key Points:
- Contributory negligence is the victim’s failure to exercise proper care for their safety.
- If the plaintiff is found guilty of contributory negligence, it could reduce the amount of compensation.
- Courts decide how much damage was caused and whether to reduce the amount of compensation.
State Laws on Contributory Negligence
If contributory negligence is the reason for the plaintiff’s injury, some states allow it. The state laws decide how it impacts the plaintiff’s ability to receive compensation. First, some state laws will enable the reduction in compensation. Then, some states deny the payment.
Alberta Law on Contributory Negligence
The Contributory Negligence Act controls the contributory negligence act in Alberta. According to Alberta law, if both parties are responsible for the loss or damage, the compensation will be divided.
Dividing liability like this makes sure everyone involved in an accident takes accountability for their actions. It is often critical to decide how much liability is to divide. When it is difficult to measure or quantify blame, liability has to be allotted equality among the responsible persons.
How Court Decides Degree of Fault in Contributory Negligence
The courts in Alberta decide the degree of law according to the victim’s action. To do so, the court considers the victim’s action during, before, and after the accident. The court considers whether the victim was in a good state to drive.
Then, what happened during the accident? Also, they consider if the victim asked for proper treatment after the injuries. Did the victim follow the medical advice given by the expert?
Examples of Contemporary Negligence:
- The victim was not in a fit state before the accident
- The victim did not attach a seatbelt
- Both the victim and the defendant were driving over the speed limit
- The victim was drunk at the time of the collision
- The victim didn’t follow the traffic rules and regulations
- The victim got distracted while driving
- The victim failed to signal properly
- The victim suddenly hit the breaks
- The victim didn’t hit the brakes at the right time
- The victim was driving an unqualified vehicle that was not fit to drive
- The victim didn’t take the necessary steps to avoid the accident
Contact an Alberta Airdrie Personal Injury Lawyer
Contemporary negligence can impact the amount of compensation you get as a victim. Hence, it is essential to contact a personal injury lawyer to understand its complications fully. Airdrie’s personal injury lawyer has extensive experience in handling these cases in Alberta.
While consulting the lawyer, it is essential to explain what actually happened during the accident. If your case includes any of the above described contemporary negligence acts, make sure you tell your lawyer.
Hiding the actual fact will not help you win the case at all. Sooner or later, the actual fact will appear in court. If your lawyer is unaware of it, he cannot present a strong defense.
Final Verdict
Note that contemporary negligence law can be tricky. So, it is wise to clarify with your personal injury lawyer at first. In addition, the contemporary negligence act can have an impact on your damage award. Hence, an experienced personal injury lawyer is needed to consider all the circumstances surrounding a car accident.