Motorcycle Accidents and Contributory Negligence: Navigating Shared Fault in Injury Claims

Author: michael-hussey posted in: Personal Injury

Driving a motorcycle can be an exhilarating experience, especially during our Alberta summers. Unfortunately, it can also be a rather high-risk activity. If you or your loved one have been hurt in a motorcycle accident, you should obtain legal advice as soon as possible. This way, you or your loved one can focus on recovery and not dealing with the other party’s insurance company, gathering expert evidence, obtaining medical reports, or fighting for proper compensation for your injuries.

Motorcycle Accidents in Alberta

Based on the “Alberta Traffic Collision Statistics 2021” report published by the Alberta Government, motorcycle drivers were more likely to make the following driver errors on the road: running off the road, improper turn, or improper passing. It was also noted that motorcycle drivers were less likely to make the errors of following too closely, turning left across the path of traffic, or failing to stop at a controlled intersection. All of these errors can lead courts to find contributory negligence when assessing damages in a personal injury matter.

When it comes to establishing contributory negligence, the Supreme Court Canada case of Bow Valley Jusky (Bermuda) Ltd. v. Saint John Shipbuilding Ltd., stated the following:

“All that is necessary to establish such a defense is to prove to the satisfaction of the jury that the injured party did not in his own interest take reasonable care of himself and contributed, by this want of care, to his own injury.”

Simply put, if a motorcyclist made an improper turn and was hit by a car, the court may ultimately find that the motorcyclist negligently contributed to the cause of his own injuries. Below we have further defined contributory negligence and provided cases where the courts found contributory negligence in motorcycle accidents.

What is Contributory Negligence?

Contributory negligence refers to the extent to which the actions or behaviour of the injured party contributed to their injuries. In Alberta, this concept is based on the principle of proportionate liability, which means that if both the plaintiff and the defendant are found to have contributed to the accident, their respective degrees of fault will be considered when determining liability and compensation. To learn more on how contributory negligence can affect your claim, please visit the following blog post by clicking here.

What the Alberta Courts Have to Say on Contributory Negligence in Motorcycle Accidents

The courts look at a variety of factors when assessing what kind of damages should be awarded when both parties are potentially at fault. The following cases provide some insight as to how courts assess these factors when considering cases involving motorcycle accidents in Alberta:

Baker v Poucette, 2016 ABQB 557: The plaintiff’s family sued the defendant for a motorcycle accident that killed their motorcyclist family member when he collided into the rear end of a half-ton truck. The Court held that the motorcyclist and the defendant were both negligent, in that the motorcyclist was speeding and the defendant failed to use his indicator on the highway. The Court then assigned liability pursuant to a percentage. In this case, the defendant was found to be 75% liable and the motorcyclist was held 25% liable. Accordingly, the defendant was made to pay 75% of the plaintiff’s damages.

Seich v. Tobin, 2007 ABQB 492 (CanLII): The plaintiff was driving his motorcycle when he became involved in an accident with a vehicle driven by the defendant. The Court held that both parties were negligent due to the plaintiff’s speeding and the defendant’s action of proceeding unsafely into the intersection. The Court found both parties equally responsible for the accident.

Wickberg v. Patterson, 1997 ABCA 95 (CanLII): In this case, a motorcyclist ran into the back of a truck that was stopped in the driving lane of a two-lane highway. It appeared that the parties were both distracted by another accident that had occurred. The Court once again stated that the degree of negligence was 50%, and so the defendant was made to pay half of the plaintiff’s assessed damages.

Bond v. Mingo, 1990 CanLII 5550 (AB KB): The plaintiff’s motorcycle collided with a motor vehicle. The Court held that the plaintiff and defendant were equally negligent, due to the plaintiff’s excessive rate of speed and for the defendant commencing a turn that blocked off the median lane and caused delay.

How KMSC Can Help You or Your Loved One: Don’t Let Shared Fault Diminish Your Rights

Motorcycle accidents can be devastating, and the complexities of contributory negligence can make seeking compensation even more challenging. If you or a loved one has been injured in a motorcycle crash, the experienced Injury Law Team at KMSC Law is here to help. We understand the intricacies of Alberta’s insurance laws and will fight tirelessly to ensure you receive the compensation you deserve, even in cases of shared fault.

Don’t delay; contact us today for a free, no-obligation consultation. Our team will carefully review the details of your accident, assess the potential for contributory negligence, and develop a personalized legal strategy to protect your rights and maximize your compensation.