After a car accident in Nova Scotia, fault is not always straightforward. Even if you believe the other driver was fully responsible, their insurance company may argue that you share some responsibility. This is known as contributory negligence. It can reduce your compensation if they show that your actions contributed to the collision or your injuries. If you are dealing with a dispute over fault or a reduced claim, contact Valent Legal for a free consultation with a car accident lawyer to understand your rights and next steps to protect your claim.
- Contributory negligence means an injured person contributed to the accident by failing to exercise reasonable care. When this happens, their compensation may be reduced based on the amount of fault assigned to them.
- In Nova Scotia, fault is shared on a percentage basis. If you are found partly responsible, your compensation is reduced by that percentage.
- You can lower the risk of a partial fault finding by driving safely, avoiding distractions, gathering evidence at the scene, and reporting the accident as soon as possible.
What is Contributory Negligence?
In a personal injury case, there are two opposing parties involved: the plaintiff, or the injured person, and the defendant, who is the person who caused the injuries. Contributory negligence refers to the plaintiff’s failure to exercise reasonable care for their safety. In other words, when a person does not take reasonable steps to avoid danger, that person can be held entirely or partially responsible for the resulting injury, even though another party was involved in the accident. As a result, contributory negligence can prevent or reduce the compensation a plaintiff receives if their actions had any part to play in the accident that caused their injury.
Nova Scotia Law on Contributory Negligence
According to the Nova Scotia Contributory Negligence Act, if damage or loss is caused by one or more of the parties involved in an accident, liability to recover compensation is proportional to the degree to which each person is at fault. If it is not possible to establish different degrees of fault, the parties will share liability equally. Traditionally, contributory negligence was a harsh rule. The Nova Scotia Act replaces the strict common law of contributory negligence in Canada, limiting a plaintiff’s compensation if they are partially responsible for the accident.
Consider this example of contributory negligence in a car accident. Driver A makes a left-hand turn without using a turn signal and is hit by Driver B, who is travelling 15km over the speed limit. Driver A is suing Driver B for $100,000 in damages. The courts must determine what percentage of the accident was caused by Driver B speeding and what percentage of the accident was caused by Driver A failing to use the proper turn signal. Suppose Driver A is found to be 30% at fault for the accident. Damages awarded to Driver A will be reduced by the degree of responsibility. In this case, the compensation Driver A receives will be reduced by 30%.
If you’ve been involved in a car accident, it’s crucial to understand your rights. Valent Legal is here to guide you through the process and help you secure the compensation you deserve.
How Degree of Fault Is Determined in Contributory Negligence
When two or more individuals contribute to the accident or losses, Nova Scotia courts will determine the degree to which each is at fault. They do this by considering the parties’ actions immediately before, during, and to some extent, after the accident. The burden of proof falls on the defendant to show that the plaintiff’s actions contributed to the accident and resulting injuries.
First, the defence must prove that the plaintiff owed a duty of reasonable care to protect themself from getting injured. Secondly, the defendant must prove that the plaintiff failed to act reasonably or breached their duty of care. Finally, the defence team must show that this breach of duty caused or contributed to the plaintiff’s injuries.
How Insurers Use Contributory Negligence to Reduce Compensation
An Insurer may use contributory negligence to reduce your compensation by showing your actions played a role in the collision or the injuries you suffered. Below are some common situations where insurers may argue that you share responsibility:
- Speeding: Even if another driver has caused the crash, an insurer may use your speeding to argue that you had less time to react or avoid the collision.
- Not wearing a seatbelt: An insurer may argue that your injuries would have been less severe if you had worn a seatbelt.
- Distracted driving: If you were using a phone or otherwise distracted, the insurer may claim you failed to take reasonable steps to prevent the accident.
- Pedestrian actions: If you were crossing outside a marked crosswalk, crossing against a signal, or not paying attention to traffic, an insurer may argue that your actions contributed to the accident.
Ways to Prevent Contributory Negligence From Affecting Your Claim
Avoiding contributory negligence starts with driving responsibly and following the rules of the road. In Nova Scotia, insurance adjusters will look closely at your actions before and during a crash when evaluating your claim. Safe, defensive driving can help reduce both the risk of an accident and the chance of a reduced claim. Simple steps like wearing your seatbelt, keeping your vehicle in good condition, and following traffic laws all help support your case if a collision happens.
Reduce Distractions
In some places, the number of distracted driving fatalities has surpassed the number of impaired driving fatalities. Smartphones are among the most common distractions for drivers, with 47% of Canadians admitting they have typed or used the voice memo feature to send a text message while driving. Thus, it is not uncommon for the parties in a lawsuit to request cellphone data to determine whether the other driver was using their cellular device at the time of the car accident. Staying off your cellphone while driving will not only keep you safe, but it will also help to thwart any argument that you were distracted by a handheld device.
Gather Evidence
Following a car accident, gather as much evidence as you can. Take videos and photos of the scene, property damage, and your injuries. Using a dashcam can also capture the accident as it occurs, which can be very valuable in disproving a claim of contributory negligence. Additional sources of video footage include traffic cameras, storefronts, and residential security cameras. Security footage is often deleted shortly after recording, so it is crucial to request this evidence promptly.
Get Reports
Call 911 immediately to report the accident and seek medical attention as soon as possible. In Nova Scotia, a police report is required by law if there is more than $2,000 worth of property damage to either vehicle. Get the contact information of the responding police officer and request copies of all accident reports.
Get a medical evaluation as soon as possible and book an appointment with your doctor to follow up. Be sure to comply with all treatment recommendations. In addition, obtain copies of your medical records.
Identify Witnesses
Witnesses are a critical source of information. Scan the scene for pedestrians or other drivers who witnessed the car accident. These witnesses may have recorded the collision or its aftermath with their smartphones. Collecting contact information and any footage they have can be crucial to your case. If possible, request that these witnesses give a statement to the police.
Our Nova Scotia Personal Injury Lawyers Can Help
If you or a family member has been injured in a car accident caused by someone else’s negligence, contact a personal injury lawyer immediately. An experienced personal injury lawyer from Valent Legal will help you navigate the insurance claims process and counter claims that you contributed to your injuries or losses.
Contact us online or call (902) 443-4488 for a free case review.