Car Accident Lawyers Red Deer
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Accidents can happen at any time for any reason. You can be a perfect driver who always looks both ways, never speeds, is constantly alert, and is never distracted; unfortunately, that won’t stop a driver from carelessly cruising down the highway and crashing their vehicle into you. Someone else’s negligence may cause you to face unexpected repercussions, some of which can lead to lifelong disability and, in the worst-case scenario, death.
In Red Deer, car accident victims often experience financial, emotional, and physical difficulties relating to injuries such as:
- Whiplash and soft tissue injuries
- Concussions and traumatic brain injuries (TBIs)
- Spinal cord injuries and herniated discs
- Broken bones and fractures
- Internal organ damage
- Chronic pain
- Psychological trauma, including PTSD, anxiety, and depression
- And more
Our Red Deer motor vehicle accident lawyers have experience navigating the complexities of motor vehicle injury claims to help victims receive the compensation they deserve. If you or a loved one were seriously harmed in a motor vehicle accident, reach out to our legal team for a free initial consultation.
What to Do After a Motor Vehicle Accident in Red Deer
If you’re faced with a sudden collision, you may be left to deal with the complex aftermath. Knowing how to proceed when this happens can make a noticeable difference in your recovery and the success of your claim, whether it’s a minor bump in the road or a significant car wreck.
When in an accident, it is beneficial to:
- Stay calm: While this seems obvious, it can be easy to panic during an accident. This state of mind may run the risk of you making careless mistakes. Take a deep breath and focus on what you can do to stay safe.
- Check for Injuries: Look around the scene, check for injuries, and make sure everyone is safe. If anyone is injured, call 911 right away. Don’t move anyone injured unless necessary. Moving an injured person can make their injuries worse.
- Move out of Traffic: If possible and safe, move your vehicle out of traffic and onto the side of the road. Doing so can prevent further collisions from happening and will reduce the disruption of traffic. Turn on your hazard lights. If you have flares, safety flags, or traffic lights, set those up. This will alert other drivers to your accident.
- Stay at the Scene: Leaving the scene of an accident violates traffic laws. You face the risk of criminal sanctions, demerit points, or fines if you fail to stop after an accident, even if you are not at fault. Failing to stop can also jeopardize your ability to get compensation later.
- Exchange Information: Collect the contact information of any and all parties involved, including witnesses. Get the vehicle and insurance information of any vehicles involved. Information you should collect includes names, addresses, phone numbers, driver’s licences, licence plate numbers, insurance policy numbers, and insurance company information.
- Gather Evidence: Make a note of the location of the accident. Take photos and videos of the accident, damage, and the scene. Look for and document things like skid marks, vehicle debris, traffic signs, road conditions, and injuries. Look around for cameras that may have recorded the accident. Ask nearby eyewitnesses for statements.
- Report to the Police: The police must be notified, and a report must be made if any of the following occurs:
- Someone is injured
- A driver is uninsured, unlicensed, or doesn’t have their vehicle registration
- One of the vehicles is undrivable
- The total damage caused by the accident is over $5000.
- File a Collision Report Form: In serious accidents or those with damage greater than $5000, a collision report form must be filed at the police station. A police-issued damage sticker will be provided once the accident is reported. Get a copy of the report and the file number. Failure to report can result in demerit points and a fine. Passengers should report if the driver is unable to do so.
- Get Medical Attention: See a medical professional immediately. You may be unaware of severe injuries you have sustained if they are underlying. Specific symptoms can take hours or days to appear. Waiting too long can worsen your injuries. Further, getting medical attention will create a paper trail to help support any claim you make. Make sure to save a copy of all bills for your treatment.
- Speak to a Lawyer: The healing process from an accident can be long and strenuous. Many steps are involved, and making mistakes or becoming confused can be easy. Working with a lawyer who has experience in handling motor vehicle accidents can help. A lawyer can simplify the process for you, inform you of your rights and obligations, what to do and not to do, and support you during the claims process.
Schedule a free initial consultation with our Red Deer car accident lawyers.
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We are here to help Albertans get the compensation and benefits they deserve after being injured in an accident. We take this responsibility very seriously. Book your free call with our personal injury lawyers today and let us help you.
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How is Fault Determined in a Red Deer Car Accident?
It is not up to drivers to determine who is responsible at the scene of the accident. After an accident, the police may investigate and, if appropriate, issue tickets for traffic violations. When investigating the accident and making a report, the police will consider whether any drivers were negligent, disregarded traffic safety, or violated traffic rules. What the police say is not the final word on who is at fault in a civil case. The issuance of tickets does not necessarily equate to being at fault.
Similarly, who the insurance company determines to be at fault internally does not determine who is at fault in a civil case. When making an internal decision about fault, insurance companies may consider police reports, traffic rules, previous cases, and the type of accident.
Even if you are partially at fault, you may still be able to pursue compensation.
Some common examples of parties held liable after car accidents include:
- Negligent drivers
- Commercial vehicle or truck operators and/or their employers
- Vehicle manufacturers
- Municipalities
- And more
Speak to our Red Deer car accident lawyers to better understand how fault works and how it may impact the compensation you receive. Our lawyers will work with you to help you pursue the compensation you may be entitled to.
How Does Insurance Coverage Work in Red Deer Car Accident Claims?
As a rule of thumb, motor vehicle drivers must have automobile insurance with a minimum coverage of $200,000 in third-party liability protection, direct compensation for property damage, and accident benefits. Additional protections can be purchased, but are not required.
Accident benefits, such as Section B benefits, will protect drivers, regardless of who is at fault. They provide coverage for expenses related to medical payments, death, grief counselling, funerals, and total disability. These benefits are available to insured persons for two years. Unfortunately, they also have a limit on the funding provided. Medical expenses are capped at $50,000, funeral expenses at $5,000, and disability payments at less than 80% of weekly income or $400. Certain expenses in different benefit categories may have lower cutoffs.
If you are in an uninsured or hit-and-run motor vehicle accident, you may be able to access Alberta’s Motor Vehicle Accident Claims Program (MVAC). This provides an option to pursue legal action when the at-fault driver flees the accident scene or doesn’t have insurance. The program may give the victims up to $200,000 in compensation. This option is only available as a last resort.
Catastrophic accidents may require more extensive support for longer than the 2-year cut-off
period. In addition, some injuries may require support not covered by Section B benefits. Pursuing a motor vehicle accident claim can help you get additional financial compensation not covered by accident benefits.
How Much Compensation Can You Receive After a Car Accident in Red Deer?
There are many different types of compensation you may be eligible for following a car accident in Red Deer. Compensation typically varies based on:
- The severity of your injuries (i.e., minor vs. catastrophic)
- The accident’s impact on your ability to work
- Pain and suffering
- Cost of future medical care
- Degree of your own fault (if any)
- And more
For example, some injury victims can pursue financial compensation for both their past, present, and future medical bills relating to the accident. You can also recoup damages such as loss of income, loss of future earning capacity, pain and suffering, attendant care expenses, and more. An experienced personal injury lawyer will be able to advise you on the types of compensation you’re eligible for, how much you should pursue, and how to gather strong evidence to support your claim.
How Our Legal Team Can Help Red Deer Car Accident Victims
Our Red Deer car accident lawyers, with their great appreciation of the law and years of experience, offer a free initial consultation to individuals who have sustained serious injuries in all types of motor vehicles and car accidents. Our lawyers will work with you to help you understand the litigation process and will explain the kind of compensation you may be entitled to.
Since 1959, our firm has had one main goal: to help those wronged recover. Accidents can be expensive, time-consuming, and cause immense pain and suffering. While financial compensation may not be the be-all and end-all solution, it can provide essential support in recuperating. Because we care about our clients, we will only work on contingency. Which means that we don’t receive a dime unless you do. Contact us to take the first step towards your recovery with a firm that will stand beside you.
Car Accidents in Red Deer: Frequently Asked Questions
What is the Statute of Limitations for Motor Vehicle Accident Claims in Red Deer?
If you decide to pursue a legal case, you must be mindful of the statute of limitations for submitting a claim. A statute of limitations is a law that specifies how much time you have after an event or dispute to initiate a legal proceeding.
For most motor vehicle accidents in Red Deer, you have a period of 2 years after the accident to sue the at-fault party. While pursuing legal action may not be your central concern after being in an accident, it is essential to know that after two years, it is possible that the door for compensation closes.
How long does a typical car accident case take to settle in Alberta?
In red deer and Alberta, the timeline for settling a car accident claim can take anywhere from a few months to several years. This is because each case is unique, and its complexity may determine the amount of time it takes to settle.
Some factors that influence how long it takes for a case to conclude include:
- The severity of injuries
- Medical recovery timelines
- Complexity of liability and the number of parties involved
- The time it takes to gather documentation
- Negotiations
- Whether your case goes to court
- And more
An experienced car accident lawyer in Alberta will be able to help you stay on top of your documentation, gather records efficiently, and ensure your case continues at a steady pace.
What will a Red Deer car accident lawyer do for me?
Your car accident lawyer will play an integral role in your case. They will:
- Gather and preserve key evidence
- Deal with the insurance company on your behalf
- Handle all communications with other external parties
- Calculate the full value of your claim, including possible future expenses
- Negotiate for you
- Take your case to court, if necessary
- And more
Working with a legal professional allows you to focus on your recovery while they handle the legal complications for you.
Resources Available for Red Deer Locals
Being in an accident is never easy; it can be overwhelming and exhausting. Finding helpful resources to guide you on the road to recovery can be a challenge. We are here to help- let our Red Deer car accident lawyers guide you.
We have compiled a list of resources (not associated with or affiliated with Preszler Injury Lawyers) to help you during this tough time:
- Motor Vehicle Accident Claims Program (for uninsured motor vehicle accidents)
- MADD- Trauma, Loss, and Bereavement Support
- Red Deer City Victim Services Unit
- Red Deer Reporting Motor Vehicle Collisions
- Red Deer Police (RCMP) Services)
Contact Our Car Accident Lawyers in Red Deer Today For a Free Consultation
At Preszler Injury Lawyers, our motor vehicle accident lawyers in Red Deer are committed to securing fair compensation for accident victims. We will guide you through every step of your car accident claim so you can focus on your recovery.
To schedule your free initial consultation with a car accident lawyer today, contact us online or call our Red Deer office at 1-888-494-7191.
Do you live in Red Deer? Here’s how we can help:
Notable Achievements
Awards and Recognitions
Proud to be one of Canada’s oldest personal injury law firms. The firm was founded in 1959 and has now grown to numerous offices across Canada. We have cumulatively secured over $1 billion for thousands of Canadians and are proud to maintain a high standard for our professional services without compromising on care or compassion.
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Commonly Asked car accident Questions
Here are our most asked questions on car accident claims.
What types of compensation can be claimed after an accident in Calgary?
You can claim compensation for pain and suffering, past wage loss, future wage loss, out-of-pocket expenses, expected future cost of care, loss of housekeeping capacity and an in-trust claim for people who have gone above and beyond to care for you when you were injured.
How can a personal injury lawyer help me after an accident?
Personal injury lawsuits require technical skills to be advanced properly. A personal injury lawyer can help by making sure the legal and evidentiary parts of your case are being properly advanced. This allows you to concentrate on going to treatments and getting better.
Can my family members sue an at-fault driver?
Yes, if they are injured in an accident or are making a claim for wrongful death due to a close family member dying in a car accident. If your family member was not injured in the accident, aside from wrongful death claims, there are limited avenues to sue an at-fault driver.
What Section B benefits are available to me after an accident in Calgary?
Most people injured in car accidents have access to Section B benefits. These are no-fault benefits that pay for treatment, medication, and other health-related expenses. No-fault benefits can also provide disability coverage if you are disabled from working.
Can I claim disability benefits if I am unable to work after an accident?
Yes, most of the time. If you cannot work after an accident, several sources of benefits might be available to you. You may have disability coverage through your work or employment insurance. If you do not, then in most cases, you will qualify for Section B benefits. If your disability is prolonged and indefinite, you may qualify for CPP disability benefits as well.
How long will it take for my case to settle?
Each case is different. In a serious motor vehicle accident case, we must know how your recovery will be before we can value the case. This can sometimes take a couple of years before we know for sure. It is generally a mistake to settle your claim too early. Early settlements typically assume a full recovery without setbacks. We want to avoid situations where you settle your case early, and those assumptions turn out to be wrong.
Can medical expenses be claimed in a lawsuit? If so, what kind?
Yes. First, any medical expenses covered by Section B that are not claimed in the lawsuit can be recovered as you go. Any medical expenses that were medically justified and reasonable, over and above Section B benefits, can be claimed in the lawsuit. This usually includes treatment and medications that exceed the Section B limits.
What steps should be taken after an accident?
After ensuring your safety and health are accounted for, you must obtain the identification, insurance, and licence plate of the other vehicles and drivers involved in the accident. Obtain the contact details of any witnesses, as determining fault for an accident is a significant part of the case. The accident should be reported to your insurer promptly.
I was in an uninsured motor vehicle accident, what are my options?
If you were uninsured, you will not have access to Section B benefits, but you can still make an at-fault claim against the other driver if they were at fault for the accident. If the other driver is uninsured, you will have access to your own Section B benefits. If the uninsured driver was at fault, you can make a claim against the Motor Vehicle Accident Claims Program.
Can I claim compensation for emotional distress after a motor vehicle accident?
Yes. Emotional distress almost always follows physical distress and is a common injury in motor vehicle accident claims. Sometimes, emotional distress is more serious and can lead to a diagnosable psychiatric condition. Motor vehicle accidents can also be traumatic and can cause trauma-induced distress disorders such as post-traumatic stress disorder.
Is there a difference in the claims process for pedestrians or cyclists who are hit by a motor vehicle in Calgary?
The claims process for pedestrians and cyclists is similar to accidents between vehicles. In fact, sometimes pedestrians and cyclists can run into trouble if they do not take the same steps to obtain the other driver’s ID, insurance and licence plate. Section B benefits are still generally available except in rare situations.
Can I claim compensation if the accident aggravated a pre-existing injury, but no new injuries occurred?
Yes. Most people have some underlying health conditions. If those conditions include pain, particularly neck or back pain, they are especially vulnerable to an aggravation of those conditions. While insurance companies will try to use pre-existing conditions as a defence to a personal injury claim, people with pre-existing conditions are easier to injure and, take longer to heal and can sustain life-altering aggravations from motor vehicle accidents.
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