Motorcycle Accidents in Alberta: Understanding Reverse Onus and Contributory Negligence

Motorcycle accidents can be overwhelming, leaving motorcyclists with physical, emotional, and financial challenges. When pursuing a claim in Alberta, understanding how the law treats these accidents is essential. Two legal concepts, reverse onus and contributory negligence, may not apply in every case, but they are important for motorcyclists to understand. Reverse onus can shift the burden of proving fault onto a driver who has violated a traffic law, while contributory negligence considers whether a motorcyclist’s own actions may have contributed to their own injuries.

In this blog, we break down how Alberta courts approach these issues, helping motorcyclists and their loved ones understand the relevant legal concepts and what to expect when pursuing a claim.

Reverse Onus: When the Driver Has to Prove They Were Not at Fault

In Alberta motorcycle claims, courts often consider the potential application of the reverse onus provision under section 185 of the Traffic Safety Act, RSA 2000, c T-6 (the “Act”). Under this provision, if someone is hurt or suffers damage because a driver was breaking the law on a highway, the burden of proof in a legal claim shifts to the driver (or vehicle owner). Instead of the injured motorcyclist proving that the driver’s actions caused the harm, the driver must demonstrate that the accident was not the result of their traffic violation.

A clear example comes from the case Dirk v. Toews, 2019 ABQB 176. In this case, the Plaintiff and a friend were riding their motorcycles near Medicine Hat, Alberta, when the Defendant, riding ahead, suddenly made a U-turn across the road. The Plaintiff attempted to avoid a collision, but their motorcycle tipped over.  They were thrown from their bike, which slid along the pavement and ultimately collided with the Defendant’s motorcycle.

The Plaintiff claimed that the Defendant was entirely responsible for the collision. The Defendant had been convicted under the Act for making an illegal U-turn between intersections. Because of this conviction, section 185 of the Act applied, shifting the burden of proof.

Instead of the Plaintiff having to prove fault, it was now the Defendant’s responsibility to demonstrate that their traffic violation did not cause the crash. This rule can be crucial for injured motorcyclists, as it reduces the legal hurdles for pursuing a successful claim when another driver’s unlawful actions are involved.

Contributory Negligence in Motorcycle Accident Claims

Another issue that frequently arises in motorcycle accident claims is contributory negligence. This occurs when the driver argues that the motorcyclist shares some responsibility for the accident. Common claims include allegations that the motorcyclist was speeding, braking improperly, or failing to react in a certain way.

In Alberta, the Contributory Negligence Act, RSA 2000, c C-27, governs how fault is shared when more than one party contributes to an accident. Each person is held responsible in proportion to how much they were at fault. This system ensures that compensation is allocated fairly, taking into account the behavior of all parties involved.

However, courts recognize that other drivers’ actions can sometimes create sudden and hazardous situations on the road. If a driver’s unsafe actions force a motorcyclist to react quickly, the motorcyclist’s response does not have to be perfect. As long as the actions were reasonable under the circumstances, they may not count as contributory negligence.

For example, in Dubitski v. Barbieri, 2004 ABQB 187, the court found that the Defendant’s unsafe left turn created an emergency for the Plaintiff motorcyclist. The motorcyclist’s imperfect braking “in the agony of the moment” was not considered blameworthy, and the Defendant was held 100% liable for the accident. Similarly, in Dirk v. Toews, the court concluded that the Plaintiff’s evasive maneuvers were reasonable in response to the Defendant’s sudden U-turn. These cases illustrate that Alberta courts consider the practical realities and split-second decisions motorcyclists must make on the road.

At the same time, a motorcyclist’s own actions can still influence liability. In Baker v Poucette, 2016 ABQB 557, the court determined that the motorcyclist’s excessive speed contributed to the crash, and 25% of the fault was assigned to them. This demonstrates that while motorcyclists are afforded some leeway in emergencies, they are still expected to act reasonably and within the limits of the law.

Why These Issues Matter for Motorcyclists

For anyone pursuing a motorcycle accident claim in Alberta, understanding reverse onus and contributory negligence is key. The reverse onus rule can make a big difference when the other driver has already been convicted of a traffic offence, because it shifts the burden of proving fault onto them. Contributory negligence, meanwhile, affects how damages are calculated and can reduce compensation if the motorcyclist is found partly at fault. Knowing how these legal concepts work helps motorcyclists approach their claims with confidence and present evidence that clearly reflects what happened in the accident.

Injured in a Motorcycle Accident? Contact The Injury Law Team Today.

Motorcycle accident claims in Alberta are often complex, especially when issues like reverse onus and contributory negligence come into play. These legal principles can have a major impact on the outcome of your case and the compensation you receive. Having an experienced injury lawyer by your side can make all the difference in protecting your rights and building a strong claim.

At KMSC Law LLP’s Injury Law Team, we have the knowledge, experience, and dedication to guide motorcyclists and their families through the legal process with care and confidence. If you or a loved one has been injured in a motorcycle accident, don’t wait to get the help you need.

Contact us today for a free injury claim consultation and let us fight for the compensation you deserve.