Fault for an injury is often not black-and-white. British Columbia law recognizes that more than one person may have caused or contributed to an injury or accident, including the injured person. Such circumstances involve the concept of contributory negligence.
Contributory negligence can reduce damages received by an injured party when their own conduct contributed to the injury and loss. It doesn’t eliminate your entitled compensation, but it does share the responsibility of both parties without blame or shame. In New Westminster, personal injury lawyers at Cassady Law can help you navigate your injury claims and help you understand contributory negligence.
What Is Contributory Negligence?
Contributory negligence in British Columbia means that more than one person’s actions contributed to the accident or to the extent of the injuries. Under the BC Negligence Act, your compensation can be reduced by the percentage of fault assigned to you. An injured person can be 10%, 30%, 50%, or even more to blame and still recover damages for the other party’s share of responsibility.
How Is Fault Decided?
Fault should be determined by considering all available information together. That can include police reports, witness statements, photos and videos, and sometimes expert opinions such as accident reconstruction. Your own actions before and during the incident are part of the picture, but they are not the only factor, and they must be considered in context.
What Does “Partly at Fault” Mean?
Even if a court or insurer decides you share some responsibility, you do not automatically lose your right to compensation. If your total damages are valued at a certain amount and you are found partly at fault, the award is reduced by that percentage. Many injured people still receive significant compensation, even where they made mistakes or could have been more careful.
Focus on Your Recovery
You do not have to carry the weight of legal strategy and negotiation while you are recovering. If you were injured in the Lower Mainland and are being told you are partly at fault, contacting an injury lawyer in New Westminster can help you understand your options, challenge unfair blame, and pursue the compensation you deserve while you focus on getting better.
If you were injured and are worried you might be ‘partly at fault,’ you are not alone in feeling unsure about what that means. Fault and contributory negligence are legal questions, and they are often much more nuanced than what an insurance adjuster first suggests.
Speaking with an injury lawyer at Cassady Law in New Westminster is a way to get clear, supportive guidance without rushing you into anything. We can review what happened, explain how BC’s fault rules work in plain language, and help you understand your options so you can move forward with more confidence and less worry.
If you’d like someone in your corner while you focus on healing, contact Cassady Law to schedule a time to discuss your situation and any questions you have.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. The information provided herein may not reflect the most current legal developments. For personalized legal business advice, please consult with a lawyer at Cassady Law.