Understanding personal injury law is of utmost importance for individuals residing in Alberta, especially concerning motor vehicle accidents. The roads of Alberta witness numerous accidents each year, resulting in injuries, property damage, and tragic loss of life.
Motor vehicle accidents can be life-altering, causing severe injuries, emotional trauma, and financial hardships. In the province of Alberta, understanding personal injury law is necessary for those involved in such accidents.
Whether you’re a driver, passenger, or pedestrian, being aware of the common causes of motor vehicle accidents and how they relate to personal injury law can help you protect your rights and seek the compensation you deserve.
Common Causes of Motor Vehicle Accidents in Alberta
Distracted Driving
Distracted driving is a significant contributor to motor vehicle accidents in Alberta. It refers to any activity that diverts a driver’s attention from driving, such as texting, talking on the phone, eating, or using electronic devices.
The issue of distracted driving in Alberta is a cause for concern, as evidenced by the statistics provided by Alberta Transportation. In 2020 alone, there were 21,612 convictions related to distracted driving.
These distractions impair a driver’s ability to react quickly and appropriately to road conditions, increasing the risk of collisions.
Impaired Driving
The impact of impaired driving in Alberta is deeply concerning. In 2018 alone, there were 48 fatalities resulting from impaired driving collisions, a significant increase of 29.7% compared to the previous year’s 37 fatalities.
Additionally, 617 people were injured in impaired driving accidents in 2018, marking a 23.9% increase from 2017’s 498 injuries. Throughout 2014 to 2018, an average of 47 fatalities and 643 injuries occurred each year in collisions involving impaired driving. These statistics highlight the urgent need for measures to combat impaired driving and ensure the safety of Alberta’s roads.
Alcohol and drugs impair a driver’s judgment, coordination, and reaction time, making them more likely to cause accidents. Impaired driving endangers the driver, passengers, and other road users.
Speeding and Reckless Driving
Excessive speed and reckless driving contribute significantly to motor vehicle accidents in Alberta. Speeding reduces a driver’s control over their vehicle and increases the severity of accidents. Reckless driving behaviours, such as aggressive overtaking, tailgating, or ignoring traffic laws, create hazardous situations on the road.
Alberta’s traffic laws establish speed limits and require drivers to operate their vehicles responsibly. Violations can result in fines, demerit points, and potential legal consequences.
Poor Weather Conditions
Alberta experiences various weather conditions throughout the year, including snowstorms, heavy rain, fog, and icy roads. These adverse weather conditions pose challenges to road safety and increase the likelihood of accidents. ‘
Reduced visibility, slippery surfaces, and decreased tire traction make it difficult for drivers to maintain control of their vehicles. Drivers must adjust their driving behaviour, lower speed, and take precautions when encountering poor weather conditions. Failure to do so can result in accidents and potential liability if negligence is involved.
Personal Injury Claim Process in Alberta
Filing a personal injury claim can be complex and overwhelming, but you don’t have to face it alone. A personal injury lawyer can guide you through the process and help you understand your rights. You could be entitled to financial compensation for medical expenses, lost wages, and pain and suffering if you were hurt due to someone else’s carelessness.
Medical Care
After an accident, seeking medical care and keeping your treatment records is crucial. You should also call the police and obtain a police report, as it can be important evidence for your claim. Consulting an auto accident lawyer and personal injury lawyer early on is recommended, as there are time limits for filing a claim in Alberta.
Personal Injury Lawyer
Dealing with insurance companies can be stressful, but an experienced personal injury lawyer will negotiate on your behalf and work to secure a fair settlement. In many cases, claims can be resolved without litigation, but having solid supporting documentation is essential. If necessary, your lawyer will assist in the investigative process, gathering evidence to support your claim.
Insurer Stage
In some cases, litigation can be required if a settlement cannot be reached. Having a skilled negotiator and litigator by your side provides peace of mind. Having a lawyer knowledgeable in all facets of personal injury law is advantageous, even if most personal injury claims are settled before trial.
Remember that you’re entitled to accident benefits from your insurance company, but these may not be sufficient for serious injuries and financial losses. The other party’s insurance company can try to deny or limit your settlement.
Recent changes in Alberta can affect the amount of your settlement, making it even more crucial to have an experienced lawyer navigate the complex personal injury laws.
By having a personal injury lawyer in Alberta on your side, you level the playing field and increase your chances of receiving the maximum compensation for your injuries, lost wages, and pain and suffering.
Types of Compensation Available for Motor Vehicle Accident Victims
Medical Expenses
Motor vehicle accident victims in Alberta are entitled to compensation for their medical expenses resulting from the accident. This includes costs for hospital stays, surgeries, medications, rehabilitation, physical therapy, and ongoing medical treatments related to the injuries sustained in the accident. It is essential to keep all medical records and bills as evidence of the expenses incurred.
Lost Wages
If the injuries sustained in a motor vehicle accident prevent the victim from working, they can be eligible for compensation for lost wages. This includes the victims’ past and future income if they had not been injured. Documentation such as pay stubs, employment records, and employer statements can help establish the extent of lost wages.
Pain and Suffering
Motor vehicle accident victims can receive compensation for pain and suffering resulting from their injuries. Pain and suffering refer to physical and emotional pain, trauma, and distress caused by the accident and its aftermath.
Property Damage
If the victim’s vehicle or other property was damaged in the accident, they are entitled to compensation for the repair or replacement costs. This includes damage to the vehicle, personal belongings, and any other property affected in the accident. Receipts, estimates, and photographs of the damage can help substantiate the claim for property damage.
Rehabilitation and Care Costs
Motor vehicle accident victims might need continuous medical treatment or rehabilitation because of their injuries. This can include physical therapy, home care, assistive devices, and modifications to the home or vehicle to accommodate disabilities. Compensation can be awarded to cover these expenses and ensure the victim receives the necessary care and support for recovery.
Loss of Enjoyment of Life
Suppose the accident and resulting injuries significantly impact the victim’s ability to engage in previously enjoyable activities. In that case, they can be entitled to compensation for the loss of enjoyment of life. This refers to the diminished quality of life and inability to participate in hobbies, sports, social activities, and other leisure pursuits due to accident-related injuries.
Seeking Legal Assistance: Top Reasons to Hire Professional Injury Lawyer
When it comes to personal injury cases, hiring a professional motor vehicle accident lawyer can significantly affect the outcome of your claim. Let us discuss the top three reasons why seeking legal assistance from a professional injury lawyer is essential.
1. Expertise and Knowledge of Personal Injury Law
One of the primary reasons to hire a professional injury lawyer is their expertise and in-depth knowledge of personal injury law. They have specialized education and experience handling individual injury cases, including motor vehicle accidents. They understand the intricacies of the legal system, know how to navigate complex laws, and are familiar with the specific requirements and deadlines for filing claims in Alberta.
2. Effective Negotiation and Settlement Skills
A professional injury lawyer has excellent negotiation skills and experience dealing with insurance companies and defence attorneys. Insurance companies often try to minimize the compensation amount or deny claims altogether. With a lawyer representing you, they can handle all communication and negotiations on your behalf, ensuring that your rights are protected and that you receive fair and maximum compensation for your injuries, damages, and losses.
3. Resources and Network of Professionals
Injury lawyers can access a network of professionals and resources that greatly benefit your case. They work with medical workers, accident reconstruction specialists, investigators, and other professionals who can provide valuable insights and evidence to strengthen your claim. These resources help in accurately assessing the extent of your injuries, determining liability, and establishing the value of your damages.
Reach out to Auto Accident Lawyers in Alberta
Understanding the common causes of motor vehicle accidents and Alberta’s associated personal injury law is necessary for accident victims seeking justice and compensation.
Suppose you or a loved one has been injured in a motor vehicle accident. In that case, it’s essential to seek the guidance of a personal injury lawyer Alberta who can navigate the complexities of the legal system on your behalf. At Sidhu Personal Injury Lawyers, we have a dedicated team of professionals ready to support you in your personal injury claim.
Contact us today to schedule a consultation, and let us fight for your rights and the compensation you deserve.