Contributory Negligence in Ontario Injury Accidents

Ontario Contributory Negligence act is the act that determines if fault or negligence by the plaintiff contributed to the damage. In other words, it’s a law to decide who is responsible for the accident and in what proportion. A common Contributory Negligence example is a car driver or passenger not wearing a seat belt. Although not wearing a seat belt doesn’t cause the accident, but it positively contributes to damages.

When it comes to contributory negligence, people have a huge misconception that if found to be negligent, they won’t be eligible to get compensation. As told, this is a misconception. You could still be entitled to recover compensation even if found to be a negligence contributor. However, the compensation you’ll get will be in proportion to your contribution. For example, if you’re found to be 30% at fault, you’ll be entitled to receive 70% compensation from the insurance company.

Contributory Negligence Examples

A bike/motorcycle rider could be held partially responsible for a head injury in an accident if s/he is not wearing a helmet—even if it didn’t play a part in the crash. Had his/her leg been injured, s/he won’t be considered to be at fault, and the compensation amount won’t be reduced. This is one of the most common contributory negligence examples.

Another example of contributory negligence is a driver looking at his/her cell phone and another driver crashes into him/her at the same time. Although looking at the cell phone didn’t cause the accident, the plaintiff will be considered as a partial contributor.

Let Us Deal with Insurance Agencies

As if being the victim of someone else’s mistake wasn’t painful enough, the insurance company’s blame on you for the accident rubs salt in your wounds. Even if you were partially at fault, you deserve to be paid compensation—something that many insurance companies could attempt to avoid. In such circumstances, you need to negotiate with them to recover your pain, suffering and damage. Mind well, dealing with insurance companies is no easy task. Therefore, you need a lawyer who has a right amount of experience and expertise in contributory negligence and personal injury cases.

We at Diamond & Diamond possess a team of award-winning lawyers who have handled these cases and have recovered compensation that our clients deserved. We have encountered Ontario insurance companies in the past, and therefore, we know them well. Give us a chance to fight, you won’t be disappointed!

Consult Our Contributory Negligence Lawyers, for FREE!

Contributory negligence cases are complicated in nature with the insurance companies trying to get away from paying the compensation. They will try their best to prove that you were at the fault of the accident or injury. Even if you were, you deserve to be compensated for your losses. Our personal injury specialist lawyers in Ontario will assess your case and navigate a way through all the intricacies involved.

Contacting and getting help from dedicated personal injury lawyers working at Diamond & Diamond is easier than ever. You can contact 1-800-567-HURT (4878) or use our CASE EVALUATION TOOL to schedule a FREE consultation.


Recent Case Results


Motor Vehicle Accident

Serious motor vehicle accident. Our paralegals were able to obtain settlement with accident benefits insurer prior to a scheduled Tribunal hearing.


$1.6 Million

Car Accident

An elderly woman was struck exiting her vehicle resulting in serious leg injuries. Our team was able to obtain a settlement for $1.6 million from the insurance companies.


$1.25 Million

Head on Collision

Our client was involved in a head on collision that broke both of her legs. Our car accident lawyers obtained a $1.25 million settlement from the insurance company.


"I would like to thank Kate Kerro for her exceptional service recently. I had a situation that needed attention immediately and she was very quick to follow up to get all required documents to process the request. I am pleased with the result and I'm impressed with her helpfulness. thank you Kate kerro."


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