How Is Fault Determined in Car Accidents in Nova Scotia?

July 4, 2025

Fault in car accidents is determined using a combination of statutory regulations, case law, and insurance guidelines. Whether we like it or not, the truth is that things can get pretty complicated quickly. That’s why the Nova Scotia fault determination rules are so helpful. They guide us through assessing different types of collisions, whether cars are going in opposite directions, moving together, or are in neighbouring lanes.

These rules make the process much easier to understand. The fault percentage is assigned based on evidence such as police reports, traffic signals, witness statements, and whether the driver involved obeyed traffic signs, including stop signs, yield signs, or prohibited turn signs.

In certain cases, the investigation may involve the police asking the drivers of the automobiles involved to perform physical coordination tests to evaluate impairment. These assessments help confirm whether fatigue, distraction, or intoxication contributed to the accident.

That said, it’s important to note that in some cases, the rule applies even if neither automobile strictly broke a law, but one driver’s actions created an unsafe situation. For example, if automobiles arrive at an intersection at the same time, and one ignores the ordinary rules at a traffic signal the person in question may be found at fault. Even when only automobile A or B is moving at the time of the incident, fault determination still applies under the Motor Vehicle Act. Let’s examine the details in greater depth.

Nova Scotia Fault Determination Rules at a Glance

The current set of rules provides a framework for determining fault in a wide range of situations, including:

• Automobiles stopped in traffic that are rear-ended by another vehicle
• Automobile fails to yield while turning across a broken line marked for lane changes
• Automobile involved in a U-turn that crosses into adjacent lanes
• Overtaking automobile passing across a centre line without regard for a prohibited passing sign
• Driver of one automobile travelling above the speed limit before a collision

Under the insurance system, the insured’s automobile is assessed based on these fault rules to determine who is responsible for compensation. This helps the insurance company handle claims smoothly and fairly, following clear and consistent guidelines.

Key Fault Rules Every Driver Should Know in Nova Scotia

• Same lane collisions: If an automobile fails to maintain forward motion safely or changes lanes without signaling, fault may be assigned fully or partially to that driver.
• Opposite directions: A driver of an automobile who crosses the centre line without legal cause is generally at fault.
• Parking lot and parking space incidents: Fault is determined by who entered the parking space, entrance lane, or feeder lane improperly.
• Stop sign and yield sign situations: Failure to obey these traffic signs often results in full fault.
• Illegally parked vehicles: Opening an automobile door into traffic or parking a car outside the permitted limits may result in fault.

When the No-Fault Rule Applies to Car Accident Claims

The no-fault system in Nova Scotia allows injured victims to receive certain benefits without having to prove who was at fault for the accident. This includes medical costs, income replacement, and direct compensation for vehicle damage. However, no-fault benefits do not prevent you from pursuing pain and suffering damages or additional compensation if another driver was indeed negligent.

Understanding what rules apply is crucial, particularly in related collisions involving complex scenarios such as changing lanes on highways or automobiles stopped at traffic lights.

How to Prove Who is at Fault in a Car Accident?

Evidence plays a crucial role in establishing fault. This includes:

• Police reports documenting traffic signals, speed limit violations, and driving offence charges
• Photographs showing traffic signs, prohibited passing sign, or prohibited turn sign violations
• Witness statements confirming the sequence of events
• Video evidence from parking lot or intersection cameras as well as dashcam video
• Proof that a driver of an automobile committed an indictable offence related to impaired or dangerous driving

Providing more evidence strengthens your case in insurance negotiations or defenses against contributory negligence allegations.

Determining Fault When Drivers Are Travelling in Opposite Directions

When automobiles travel in opposite directions, fault often depends on crossing the centre line, ignoring a prohibited passing sign, or violating a prohibited turn sign. These scenarios are especially dangerous on rural highways with higher speeds and less margin for error.

If automobile B overtakes unsafely, crosses a broken line at the wrong time, or ignores signals, fault is usually clear. But contributory negligence may apply if the other driver was speeding, failed to obey a yield sign, or didn’t watch for hazards.

Investigators assess whether either driver attempted evasive actions, such as braking or steering, and if road conditions contributed and if so at what rate, ensuring that both drivers’ actions are reviewed. This helps insurance determine fault percentages.

Determining Fault When Changing Lanes

Changing lanes safely requires checking your blind spots, using your turn signals, and respecting the adjacent lanes. If an automobile fails to do this and a collision occurs, they are typically assigned primary fault.

In multi-lane roads or highways, failure to maintain forward motion while merging can create chain reactions, especially when traffic is heavy. In cases involving a pile-up or automobiles stopped in traffic, the fault percentage may be divided if neither automobile maintained safe spacing, respected the broken line marked for lane changes, or followed the posted speed limit.

Witness accounts, dashcam footage, and police reports are especially valuable in proving whether the proper lane change procedure was followed.

What Evidence Is Used in Fault Determination Rules?

As mentioned above, evidence is drawn from multiple sources:

• Police reports noting traffic lights, speed limit, and stop sign compliance
• Dashcam footage showing whether an automobile failed to yield or entered a parking space improperly
• Witness accounts about whether the driver of automobile B maintained safe lane positioning
• Physical evidence such as skid marks, automobile door damage, or debris in the same direction of travel

Additional records like GPS data from commercial vehicles or timestamps from nearby security cameras can really help support your case. The aim here is to accurately determine fault to ensure injured parties receive the proper compensation. After all, no one wants to feel let down by the system.

Evidence in Accidents Involving Parked Vehicles

Let’s examine this carefully. When parked cars get hit, determining fault can often be quite simple. If a driver hits a car that’s parked illegally, they might share some of the responsibility, especially if the parking violated rules set by the Motor Vehicle Act.

Opening a car door into traffic, blocking a lane, or failing to check for approaching traffic when exiting a parking space can lead to liability, even if the vehicle is stationary or moving slowly. Photographs of the vehicle, damage, and traffic signs help insurers and courts determine if the car was lawfully parked and if the moving vehicle was cautious.

How Are Causation and Damages Determined?

Establishing causation means showing that the automobile failed in its duty to follow traffic signals, speed limit rules, and other ordinary rules designed to keep road users safe. It’s not just proving a crash occurred, but linking a driver’s actions or failures to the collision.

Damages can include medical costs, vehicle repairs covered under direct compensation, and damages for pain and suffering to the injured party. In more serious cases, long-term care expenses and loss of income may also be part of the claim. If contributory negligence applies, the fault percentage assigned will reduce your final compensation.

What If You Are Partially Responsible for a Car Accident Injury?

Even if you share some responsibility for a collision, you may still be entitled to compensation. Under Nova Scotia’s fault rules, your settlement will be reduced in proportion to your fault percentage. For example, if you were 20% at fault, you could still recover 80% of your damages.

We can examine the facts, review supporting evidence, and make sure that your percentage of fault is fair. This protects you from accepting an outcome that undervalues your losses or overstates your responsibility. Get in touch with our team today.

Why Hire a Personal Injury Lawyer for Your Car Accident Case?

Car accident claims can become complicated when disputes arise over fault determination rules, insurance company assessments, or arbitrary interpretations of the Motor Vehicle Act. A skilled personal injury lawyer can review police reports, gather witness statements, and challenge unfair fault percentage assignments.

We also understand how to calculate and present claims for pain and suffering damages, ensuring you receive every dollar to which you are entitled. If you want to safeguard your rights and give yourself the best shot at a successful outcome, having our team by your side can really make a positive difference right from the very beginning.