You can still make a claim. Under Alberta's Contributory Negligence Act, liability is shared in proportion to each person's fault, so your compensation is reduced by your share rather than lost. If fault cannot be divided, it is split equally. Being partly at fault does not affect your Section B accident benefits, which are no-fault.
Last reviewed September 16, 2026. General legal information for Alberta, not legal advice.
The rule in Alberta
Section 1 of the Contributory Negligence Act says that when damage or loss is caused by the fault of two or more persons, the liability to make it good is in proportion to the degree in which each person was at fault. If it is not possible to establish different degrees of fault, liability is apportioned equally.
Alberta also abolished the old “last clear chance” doctrine. The Act applies whether or not someone else had an opportunity to avoid the consequences and failed to take it.
How the reduction works
An illustration, not a prediction: suppose a court assesses a person’s total damages at $80,000 and finds them 25% at fault for the collision.
| Step | Amount |
|---|---|
| Total damages assessed | $80,000 |
| Injured person’s share of fault | 25% |
| Recoverable from the other party | $60,000 |
The percentage is argued in negotiation and decided by a court if the claim goes to trial. A few points of fault can mean a large difference in money, which is why the evidence on how the accident happened matters even when you know you made a mistake.
Where partial fault comes up
- Seatbelts: insurers commonly argue that injuries were worse because a seatbelt was not worn.
- Speed and following distance, including in winter conditions.
- Pedestrians crossing mid-block or against a signal.
- Cyclists riding without lights at night or outside a bike lane.
- Passengers who knowingly rode with an impaired driver.
- Slip and fall claims, where the property owner argues the hazard was obvious or the footwear unsuitable.
An argument is not a finding. Many of these allegations are reduced or rejected once the evidence is examined.
When more than one party is at fault
If two or more defendants are found at fault, the Act makes them jointly and severally liable to you. In plain terms, you can recover the damages owed from any of them, and they sort out their shares between themselves. That protects an injured person when one at-fault party has little insurance.
Partial fault and your accident benefits
Section B accident benefits are no-fault. Your share of fault does not reduce your medical benefits or your weekly disability benefit. The reduction applies only to a claim against the other party. See Section B benefits.
Partial fault under Care-First
Crashes before and after Care-First
The Government of Alberta says its Care-First auto insurance system starts January 1, 2027. The new Automobile Insurance Act takes effect by proclamation, so always confirm the start date that applies to your crash.
Crash before Care-First starts: the current rules keep applying to it, including the right to sue the at-fault driver, the minor injury cap and Section B benefits (Automobile Insurance Act, s 103).
Crash after Care-First starts: injured people receive benefits from insurance, and the right to sue narrows to specific cases, such as a driver found guilty of a prescribed criminal or traffic offence, certain third parties like a vehicle manufacturer, a parts supplier or the municipality responsible for the road, and some losses above the benefit limits. Benefit disputes go to the Alberta Automobile Care-first Tribunal.
Where Care-First still allows a lawsuit, the rules change in one important way. Section 80(4) of the new Act says that, notwithstanding the Contributory Negligence Act, each person who caused the accident is liable only in proportion to their own degree of fault. The joint and several liability described above, which lets you recover the full amount from any one at-fault party, does not apply to those claims.