Many believe an attorney for car accidents only applies when collisions involve other vehicles or people. An experienced car accident lawyer Calgary can also assist you if an animal causes your crash.
You might wonder: if an animal cannot be legally responsible, how can you pursue a lawsuit?
Key Takeaways:
- 7 out of 10 casualties (393) in Canada are due to hitting wildlife.
- When wildlife causes an accident, liability is unclear as no one is accountable.
- If a pet causes a collision because of the owner’s negligence, the owner is liable for the damages.
Animal-Caused Accidents
According to the Traffic Injury Research Foundation, between 2000 and 2020, 570 people were killed in wildlife-vehicle collisions, with about 7 out of 10 fatalities (393) directly caused by hitting wildlife. Around 1 in 3 deaths (177) occurred when drivers swerved to avoid a strike.
Animal-vehicle collisions (AVCs) impose a financial burden, costing an estimated $300,000 per day. These costs include property damage, healthcare expenses, and highway cleanup.
Liability in Animal-Involved Auto Accidents
Following an AVC, an important question arises: who is liable? Determining responsibility depends on whether the animal is domestic or wild. Other factors are also considered, such as whether the casualty involved other vehicles or objects.
Automobile Accidents Involving Wildlife
When wildlife causes an accident, liability does not fall on anyone in particular. Wildlife cannot be accountable in a legal sense, as no party owns it. This means that, in most cases, the driver will be responsible for the damages.
This does not imply the driver is without recourse. Many drivers involved in wildlife-related crashes will turn to their insurance company for coverage. Your car insurance policy, especially if it includes comprehensive accident benefits, may help cover the damage to your automobile, medical expenses, and other costs related to the incident.
In some cases, if you were driving in an area where these accidents are frequent, your insurer might also consider factors like road signs and warnings. This could affect your car accident claim and the maximum compensation you can receive. Always be sure to gather evidence at the scene, such as photos and police reports, to support your claim.
Motor Vehicle Collision Involving Domestic Animals
When the animal involved in the mishap is a pet or livestock, the responsibility can fall on the animal’s owner. Domestic animals are property in the eyes of the law. If a pet causes a collision due to negligence (e.g., the owner failing to secure the pet), the owner is liable for damages.
If you’ve been in an accident with a domestic creature, Calgary personal injury lawyers can help you file a personal injury claim against the owner. This includes compensation for medical bills, lost wages, and damages to your vehicle.
If you’re unsure whether your claim qualifies, contact a personal injury law firm that can provide a free consultation to discuss your legal options.
Case Law Sample
In Dehal v Dhaliwal, Gurmel Dhaliwal was driving his sedan on Bailey Road in Vernon, British Columbia, on June 9, 2018. He had two passengers in the vehicle: his wife, Amar, in the backseat, and her brother, Gurdeep, in the front passenger seat. As Gurmel drove south at 50-60 km/h, he suddenly saw a deer on the road.
In an attempt to avoid the deer, he swerved sharply to the right, which caused him to lose control of the vehicle. The vehicle veered off the road, going into a dry ditch and travelling about 60 metres before stopping. While the deer escaped unharmed, Gurmel’s vehicle was damaged.
Legal Consequences
To establish negligence, the plaintiff proved:
- The defendant owed a duty of care.
- The defendant breached that duty.
- The plaintiff suffered damages or injuries.
- The breach caused the damages or serious injuries.
In this case, the court recognized that Gurmel owed his passengers a duty of care. As a driver, he should have taken reasonable steps to avoid putting others at risk. A factor in determining negligence is whether a driver’s actions created an “objectively unreasonable risk of harm.” The court examines whether a reasonable driver would have behaved differently in similar circumstances.
In situations involving wildlife, the driver’s actions are assessed based on their awareness of hazards and their response to them. The court also considers whether the driver had time and space to avoid a collision, especially when driving in an area known for wildlife.
The Final Verdict
Several factors influenced the case result:
- Familiarity with the Area: Gurmel had driven the same route for 8-9 years and was familiar with the warnings and previous encounters with animals, particularly deer. Therefore, the presence of wildlife in that area was foreseeable.
- Lack of Attention: There were no adverse weather conditions or obstructions, but Gurmel failed to notice the deer in time to avoid it. The court concluded that he was not paying enough attention to his surroundings, especially given his prior experience with animals on the road.
- Speeding: The court noted that Gurmel probably exceeded the speed limit. If he had been driving at or below the speed limit, he would have had more time to react and brake.
The court found that Gurmel’s failure to adjust his speed and stay alert contributed to the accident. His passengers had a valid suit for negligence because Gurmel’s actions breached the duty of care he owed them.
How Does the Legal Process Work?
When pursuing claims for damages after an AVC, there are a few key steps to keep in mind:
Gather Evidence
Gather evidence so your motor vehicle accident lawyer in Calgary can build a stronger case for your claims.
- Photos of the scene
- Any visible injuries
- Damage to your vehicle
- Animal tracks or fur left behind
Seek Medical Attention
Even if you suffer minor injuries, seek medical attention right away. Injuries from accidents can sometimes be not immediately apparent. A health report will help establish the connection between the crash and any injuries sustained, which makes it easier to pursue claim compensation.
Contact Calgary Car Accident Lawyers
Having a skilled legal team can make a difference. A skilled lawyer will help you navigate the legal system and deal with your insurance company. Lawyers help assess if you’re legally entitled to additional compensation, such as for internal injuries that might not be visible immediately.
Insurance Company Involvement
After the incident, your insurance company will likely determine the payout for damages.
- If wildlife was involved, your comprehensive coverage might come into play.
- In cases involving domestic animals, the animal owner’s insurance coverage or the owner himself may need to cover costs directly.
Negotiation or Lawsuit
Most negotiations settle many claims. If these negotiations fail, your lawyer may advise filing a lawsuit to seek fair compensation. Car accident victims must be ready for the court proceedings with professional guidance from lawyers.
Call for a Reliable Attorney for Car Accidents
Car collisions involving animals can be complex when it comes to determining liability. With the help of an experienced lawyer, you can easily navigate the legal process. Sidhu Personal Injury Lawyers Calgary can provide the guidance you need. We work on a contingency fee basis to make sure you’re protected.
Frequently Asked Questions
What are the common causes of AVC?
- Unpredictable animal behaviour is a leading cause of AVC. Animals frequently cross roads oblivious to the danger of oncoming traffic, especially in areas near their habitats.
- Poor nighttime visibility exacerbates the problem. Animals are difficult to see at night, and drivers may not have enough time to react, particularly in poorly lit rural areas.
- Driver distraction or inattention also plays a role. Distracted drivers are less likely to notice animals in time to avoid a collision.
What can you claim for a wildlife-related collision?
- Vehicle Repairs: If your car was damaged while swerving to avoid an animal or in a direct collision, you can sue for the cost of repairs or replacement.
- Treatment Expenses: You can claim bills, including surgery, physical therapy, and prescription medications.
- Lost Wages: If the mishap caused you to skip work, you may be entitled to compensation for lost wages. If you can’t work due to injuries, this can be an important aspect of your claim.
- Pain and Suffering: You may also be able to claim emotional distress, pain, and suffering. These non-economic damages can help compensate for the mishap’s impact on your quality of life.
- Legal Fees: Depending on the case, you may be able to recover legal fees. If your case goes to trial, your lawyer guarantees that your claim also includes legal fees.
How to avoid an AVC?
- Hit the brakes gently to slow down as much as possible.
- If an animal approaches from the right side of the road, consider steering your vehicle towards the right shoulder to give it more space to cross. This might encourage it to move off the road faster.
- Swerving to avoid an animal must be a last resort. While it might seem like a good option on an empty road at slow speeds, it can lead to more problems.
