Calgary Car Accident Lawyers
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Published: September 28, 2023 | Last Reviewed: October 28, 2026
Car accidents and other motor vehicle accidents are a serious concern for drivers across Canada. According to Transport Canada, motor vehicle fatalities in 2024 were projected to increase by 2% year over year, to over 2,045 fatalities. Car accidents that resulted in personal injury claims also spiked by over 9%, the largest increase seen in over a decade.
In the busy urban centre of Calgary, road users must be especially vigilant of collisions with cars, trucks, motorcycles, and other motor vehicles. In 2024, the Calgary Police Service reported 29 fatal traffic collisions in the city.
When you’re involved in a car accident in Calgary, the consequences can be devastating. Dealing with the emotional and physical trauma of your incident can be time-consuming and stressful. In addition, costly medical bills or lost wages can add up, putting extra financial pressure on your shoulders. Fortunately, victims of car accidents have options for legal recourse when they’re injured in collisions.
At Preszler Injury Lawyers, our Calgary car accident lawyers have decades of combined experience handling personal injury claims for our clients.
As a trusted personal injury law firm in the province, we understand accident injury laws in Calgary. Whether you want to explore your legal options following your accident or you’re ready to pursue a lawsuit, we can provide tailored legal representation. To discuss your situation, schedule a free consultation with our Calgary car crash lawyers today.
Key Takeaways for Calgary Car Accident Victims
- The date of your accident matters. Alberta’s new Care-First automobile insurance system is scheduled to begin January 1, 2027. Collisions occurring before that date generally remain subject to the applicable earlier claims framework.
- Injured people may have more than one source of compensation. Depending on the circumstances, Section B accident benefits and a negligence claim against an at-fault party may address different losses.
- Not every injury is automatically subject to the minor injury cap. The application of Alberta’s Minor Injury Regulation depends on the medical evidence, the nature of the injury and its effects.
- Evidence can disappear quickly. Collision reports, witnesses, dashcam recordings and medical documentation can be important when liability or the extent of an injury is disputed.
- Legal deadlines still matter after 2027. Many Alberta personal injury lawsuits are subject to a general two-year limitation period, with exceptions and other deadlines potentially applying.
- A free consultation can help clarify your options. Our Calgary car accident lawyers can review your collision, explain potentially applicable insurance benefits and discuss whether a personal injury claim may be available.Understanding Car Accident Claims in Calgary
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Understanding Car Accident Claims in Calgary
Car accident claims in Calgary can be complex, as they usually involve different legal, insurance, and medical considerations.
Alberta currently follows a no-fault insurance system for minor injuries, meaning that regardless of who’s at fault, individuals can claim benefits through their own insurance provider. However, for more severe injuries or cases involving negligence, a tort claim (also referred to as a lawsuit) may be an option.
Regardless of your injuries or the circumstances surrounding your accident, you should be aware of the legal options available to you.
Provincial traffic accident statistics cite the leading causes of motor vehicle accidents in Alberta as:
- Impaired driving
- Speeding
- Distracted driving
- Following too closely
- Running off the road
- Disobeying traffic signals
Having basic automobile insurance (including both accident benefits and $200,000 in third-party liability) is required by provincial law. Insurance coverage like collision coverage or comprehensive coverage (ie. covering theft, vandalism, weather damage) is not mandatory.
Alberta also has the Minor Injury Regulation (MIR), which puts a limit on the total damages recoverable for any minor soft tissue damage. Minor injuries are defined as any injuries or conditions that do not result in a serious or long-term impairment, such as a sprain, spinal cord injury, chronic pain, or whiplash-associated disorder.
This limit is adjusted annually for inflation. While the government has put a cap on how much one can recover for a minor injury, that limit does not affect your ability to claim loss of income, cost of care, or other kinds of damages.
When a Calgary Car Accident Causes Long-Term Financial Losses
The effects of a collision may continue long after the damaged vehicle has been repaired or replaced.
Some injured people experience ongoing pain, fatigue, reduced mobility or cognitive difficulties that interfere with their ability to work. Others may need continuing rehabilitation or assistance with ordinary household responsibilities.
A Calgary worker who cannot return to physically demanding employment may face a different financial situation from an office worker who can resume their duties with accommodations. Self-employed individuals may need business records and financial evidence to establish lost revenue or reduced earning opportunities.
Where permitted under the applicable legal framework, a personal injury claim may account for both losses already experienced and reasonably established future losses.
Medical reports, employment records, financial documentation and assessments of future care needs may all be relevant. A diagnosis alone does not determine the value of a claim.
How Alberta’s 2027 Insurance Changes Could Affect Your Calgary Car Accident Claim
Alberta’s automobile insurance system is approaching a significant change. Beginning January 1, 2027, the province plans to introduce a Care-First model that places greater emphasis on insurance-funded treatment, rehabilitation and income support while restricting many lawsuits for injuries caused by motor vehicle accidents.
According to the Government of Alberta’s Care-First explanation, the new system will substantially change how compensation is provided after many collisions.
For people injured in Calgary before January 1, 2027, the distinction is important. Their legal options may include compensation through the existing fault-based personal injury system, subject to the applicable legislation, policy terms and circumstances of the collision.
What Happens If My Calgary Car Accident Occurred in 2026?
If you were injured in a collision before the new system takes effect, the scheduled changes do not automatically eliminate an existing right to bring a personal injury lawsuit.
Under the pre-2027 system, an injured person may have access to Section B accident benefits for certain medical expenses and disability-related losses. A separate negligence claim may be available where another party was legally responsible for the accident.
An injury lawsuit may involve compensation for pain and suffering, past or future income loss, treatment expenses and other proven damages, depending on the facts.
However, waiting until 2027 to investigate an earlier accident may create unnecessary difficulties. Medical evidence can become harder to obtain, witnesses may be difficult to locate, and legal deadlines continue to apply.
Will Calgary Accident Victims Still Be Able to Sue After January 1, 2027?
For accidents occurring on or after January 1, 2027, Alberta’s new system is expected to significantly restrict the ability to pursue bodily injury lawsuits arising from motor vehicle collisions. Certain exceptions are contemplated, including specified serious driving offences and other circumstances established by law.
The Government of Alberta’s automobile insurance reform information outlines the changes to accident benefits and legal claims.
The key consideration is not simply when a person contacts a lawyer or starts a lawsuit. The accident date and applicable legal framework are central to determining which rules govern the claim.
What to Do if You’ve Been Injured in a Car Accident in Calgary
Motor vehicle accidents can happen anytime, anywhere. Here are some immediate steps to take if you’ve been involved in a car accident:
- Don’t Leave the Scene: Doing so may put you under extra scrutiny and expose you to criminal charges. If you’re physically able, remain on the scene until the appropriate authorities have been contacted.
- Safety First: If it is safe to do so, put your hazard lights on, get out of your vehicle, and move out of traffic while you wait for assistance.
- Gather information: Exchange information with the other driver(s), including their name, insurance information, contact information, and license plate number. If there are witnesses, we recommend you gather their contact information as well.
- Get Medical Attention: Sometimes injuries present themselves immediately in a motor vehicle accident. Other times, your injuries may take weeks to surface. For example, brain injury symptoms or conditions causing chronic pain can take months to set in. We recommend you get medical attention either way, especially if you suspect you may have a concussion, whiplash, or other serious injuries. Obtaining an official medical report from a medical professional may also be helpful if you decide to pursue a personal injury claim in the future.
- File a Police Report: Make sure you obtain a copy of the police report following the motor vehicle accident. It should be noted that, in Calgary, you are required by law to report a car accident within 24 hours if combined damages exceed $5,000.
- Reporting the Accident to Insurance: If you have been injured and wish to seek fair compensation for your injuries, you will need to report the accident to your insurance company, regardless of who is at fault.
- Contact our Calgary Car Crash Lawyers: If you have sustained injuries and require legal help pursuing your motor vehicle accident claim, contact our law firm for a free initial consultation.
How Calgary Road Conditions Can Affect Car Accident Investigations
The circumstances of a collision in Calgary can influence the evidence needed to establish what happened. Busy interchanges, changing weather conditions and high-volume commuter routes may make accident investigations more complicated.
Collisions on Deerfoot Trail, Crowchild Trail, Glenmore Trail and Stoney Trail can involve merging traffic, several lanes of travel and multiple vehicles. Intersection collisions on roads such as Macleod Trail and 16 Avenue NW may raise questions about traffic signals, turning movements and right-of-way.
These are examples of local road environments, not findings that a particular location or road design caused an accident.
Calgary’s Safer Mobility Plan reporting recorded 2,908 injury collisions and 29 fatal collisions in 2024. These figures demonstrate the continuing consequences of road collisions across the city.
Evidence That May Help Establish Responsibility
The location and circumstances of a crash may make certain records particularly useful.
For example, photographs of lane markings and traffic signs may help explain an intersection accident. Dashcam footage may clarify the sequence of events in a multi-vehicle collision. Vehicle damage and witness accounts can help investigators understand whether a driver was speeding, following too closely or failed to yield.
After a serious crash, our Calgary car accident lawyers may work to obtain and assess available evidence, identify potentially responsible parties and consider whether expert evidence is needed.
For collisions involving commercial vehicles, our Calgary truck accident lawyers can also assess issues involving commercial vehicle operation and other potentially responsible parties.
What if You’ve Been Injured by an Unknown or Uninsured Driver in Calgary?
If you’ve been in a motor vehicle accident and the driver either fled the scene or was not insured, there are still various forms of recourse that you can pursue.
The Motor Vehicle Accident Claims Act (MVAC) is a program that allows for payment toward personal injury damages, but not property damage. The program, which was created in 1947, is funded by the provincial government.
Applying for benefits under the MVAC can be complicated, as a number of criteria must be satisfied before determining an individual’s eligibility. MVAC is only a final option if all other avenues of compensation have been exhausted.
At this stage, we recommend you reach out to Preszler Injury Lawyers for a free consultation to see what options might be available to you. We can help you pursue the maximum compensation you may be entitled to based on your injuries.
How to Pursue Compensation for Your Injuries Following a Car Accident in Calgary
There are two main ways you can pursue compensation for your injuries following a motor vehicle accident in Calgary: Section B no-fault benefits or personal injury litigation.
Claiming Section B Benefits in Alberta
No-fault benefits are part of the province’s mandatory motor vehicle insurance policy. These are referred to as Section B Benefits and cover things like:
- Medical and rehabilitation costs
- Funeral expenses
- Loss of income
- Housekeeper expenses
- Death benefits
- And more
These benefits are available irrespective of who was at fault and have a limit of up to $50,000. Claimants generally have up to 2 years from the date of their accident to receive these benefits.
Filing a Car Accident Lawsuit in Calgary
In some cases, Section B Benefits may not provide adequate compensation following a serious motor vehicle accident.
For example, if you have a traumatic brain injury or have permanent injuries that prevent you from working, doing normal household work, or even completing activities like picking up your children from school, you may need greater financial assistance.
When you decide to pursue a lawsuit against an at-fault party, you will have the opportunity to pursue the compensation you need beyond Section B benefits. You may be eligible for different types of damages, such as economic and non-economic damages:
- Economic damages are also called pecuniary damages, special damages, or monetary damages. They are meant to provide financial compensation for tangible losses you have experienced.
- Non-economic damages may also be referred to as non-pecuniary damages or general damages. They function to compensate victims for the emotional or intangible harm they’ve suffered.
These categories include compensation for things like:
- Cost of medical care, medical treatment, or physical therapy, present and future
- Loss of income
- Loss of property
- Pain and suffering
- Loss of enjoyment of life
- Housekeeping and home maintenance costs
- And more
Understanding the Tort Claim Process in Alberta
By working with an experienced Calgary car crash attorney, you can navigate the legal process with confidence. When beginning your legal claim, you should:
- Hire a Lawyer: While it’s not mandatory to hire a lawyer, we recommend you do. This is because an experienced team will have the knowledge needed to build a case that supports your best interests. Our Calgary car accident lawyers can help you determine who is at fault for the accident, gather evidence, and build a case on your behalf. Depending on your case, our lawyers may requisition police files and medical records, or work with engineers or vocational experts to investigate your case.
- Statement of Claim: A lawsuit is initiated when a Statement of Claim is filed in the Court of King’s Bench in Alberta. This is a legal document that initiates a lawsuit against the at-fault driver (and their insurance company). Our car accident attorneys will take care of this. The statement of claim will also outline the damages that our team calculated (the compensation you deserve) and our reasoning for it.
- Litigation: The litigation process includes things like questioning for discovery, mediation, and in some cases, going to trial to settle your claim. During this part of the lawsuit, our team may hire more experts to help strengthen our arguments. All the expenses for this are paid for by our legal team and will only be recovered from you if we successfully obtain compensation on your behalf. We will also deal with the insurance agents, insurance defence lawyers, and other parties involved in the litigation process.
While you work on getting better and healing, our legal team will take care of all the paperwork and correspondence with insurance companies and related parties to make sure you are not overwhelmed with the administrative aspects of your lawsuit. The best part is, you don’t pay us anything until we win.
Types of Motor Vehicle Accident Lawsuits We Can Help With
At Preszler Injury Lawyers, we pride ourselves on the broad and effective representation we’re able to offer clients.
We have advanced claims for all types of motor vehicle accidents, including but not limited to:
- Truck accidents
- Motor vehicle accidents involving pedestrians
- Motorcycle accidents
- Car accidents
- ATV accidents
- Snowmobile accidents
- Bus accidents
- Motorized e-bike accidents
- 18-wheeler accidents
- Public transportation accidents
- Boating and other watercraft accidents
- Bicycle accidents
- And more
We aim to take a personalized approach to every personal injury claim we handle. Our experienced Calgary car accident lawyers will help you:
- Determine the Strength of Your Claim: We can evaluate the severity of your accident injury, the fault of another driver, and the circumstances of your incident to determine the strength of your car accident claim. If we believe you have the potential for a compelling case, we can advise you on your legal options and appropriate next steps.
- Calculate What You’re Entitled To: We take a collaborative approach to the calculation process, working with medical, financial, and vocational experts to determine the exact losses you have incurred.
- Deal with Insurance Companies: Insurance adjusters can be difficult or tedious to communicate with when you’re seeking benefits. At Preszler Injury Lawyers, we put our legal experience to work when it comes to insurance negotiations. We’ll examine the initial settlements insurance providers offer to make sure you receive fair compensation.
Frequently Asked Questions About Calgary Car Accident Claims
What is the Average Settlement for a Car Accident in Calgary?
There is no average settlement amount for car accident claims in Calgary. An accident injury settlement will vary widely depending on the particular circumstances of each case.
Some factors that might affect the value of your final settlement include:
- The severity of your injuries
- The types of accidents involved
- Past and future medical expenses
- Loss of income or earning capacity
- Extent of pain and suffering
- Out-of-pocket expenses
- And more
How Long Does it Take to Settle a Car Accident Claim in Calgary?
The timeline for a car accident claim can vary widely. Reaching a settlement may take a few months or several years.
Some factors that may affect the length of time it takes to settle include:
- The complexity of the case
- The severity of injuries sustained
- Whether the injured person has fully recovered
- Whether liability is disputed (e.g., partial liability)
- Insurance company cooperation
- Whether the case goes to court
Settling a claim may take longer when severe or traumatic injuries are involved, as many personal injury teams recommend waiting to proceed until medical conditions are stable. An experienced accident injury lawyer will be able to keep the legal process moving efficiently.
Can I Start a Car Accident Lawsuit in 2027 for a Crash That Happened in 2026?
Potentially, yes. A collision occurring before January 1, 2027 may remain subject to the earlier legal framework, even if the lawsuit is commenced afterward. Whether a particular claim can proceed depends on the applicable limitation periods, legal requirements and circumstances of the accident. The general time limits under Alberta’s Limitations Act should not be confused with the insurance transition date.
Does Alberta’s Minor Injury Cap Apply to Every Whiplash Claim?
No. Whether an injury falls within the Minor Injury Regulation requires an assessment of the injury, its consequences and the applicable legal definitions. A diagnosis of whiplash does not, by itself, resolve every question about the cap. Medical evidence concerning ongoing impairment may be important.
What If My Calgary Car Accident Aggravated a Previous Injury?
An aggravation of a pre-existing medical condition may form part of a personal injury claim when the evidence establishes that the collision caused additional harm. Medical records from before and after the accident may help distinguish an existing condition from new symptoms, increased limitations or an accelerated deterioration.
Can I Recover Compensation If the Other Driver Was Distracted?
A distracted driver’s conduct may be relevant to establishing negligence. However, proving that a driver was distracted does not automatically establish the full legal claim. The available evidence must also address causation, the injuries sustained and any other issues affecting responsibility.
Where Should I Report a Car Accident in Calgary?
The Calgary Police Service provides reporting instructions through its collision checklist. Collisions involving injuries, suspected criminal offences or property damage exceeding the applicable reporting threshold require particular attention. Call 911 in an emergency and follow current police instructions for reporting non-emergency collisions.
Should I Speak With a Calgary Car Accident Lawyer Before the Insurance Changes?
If you have been injured in a collision, speaking with a lawyer can help you understand which laws apply, what evidence may be needed and whether a claim may be available. You do not need to wait until the full extent of your injuries is known to ask questions about your rights.
How Much Does a Calgary Car Accident Lawyer Cost?
At Preszler Injury Lawyers, our firm acts on a contingency fee basis. This means that you don’t pay us anything unless we win your lawsuit for you.
Your initial consultation with our team will be completely free. You will also not be obligated to continue working with our team following our first meeting. The entire litigation process will also be funded by us until we reach a successful settlement on your behalf.
If we do successfully recover compensation for you, our fee will come out of a percentage of your winnings. This percentage will be discussed with you upfront, so that you have a clear understanding of how our contingency fee will affect your final settlement. This process allows our clients in Calgary to access personalized legal services without worrying about the financial burden. This way, you can focus on your recovery while we take care of all aspects of your lawsuit.
Speak With Our Calgary Car Accident Lawyers Today
An injury-causing collision can affect your health, employment, finances and daily life. Understanding your legal options can be particularly important as Alberta prepares to change its automobile insurance system.
At Preszler Injury Lawyers, our Calgary car accident lawyers can review the circumstances of your collision, explain applicable insurance benefits and assess whether you may have grounds to pursue compensation.
Contact Preszler Injury Lawyers for a free initial consultation or call 1-888-494-7191. Our team can help you understand your options and the next steps available for your claim.
Co-Authored by Joseph Fearon
Personal Injury Lawyer
Lawyer Joseph Fearon’s practice focuses on personal injury claims, including brain injury claims, complex motor vehicle accident claims, and claims with challenging liability scenarios.
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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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