Traffic Law Violations and Their Impact on Your Claim
A motor vehicle accident can negatively affect more than your health and well-being; it can also affect your insurance premiums and might even leave you with a criminal record.
Alberta’s Traffic Safety Act is the legislation that governs most driving-related offences in the province. Other laws and regulations, such as the federal Criminal Code and laws regarding the use and maintenance of commercial vehicles, also set rules and obligations for drivers in the province.
Police may issue violation tickets to drivers after a car accident. Understanding how these violations impact your auto insurance claim in Alberta may be extremely important to your lawsuit for personal injuries.
In this article, we will explore common traffic violations that are seen in personal injury cases, the role of police reports and citations, and how criminal charges against the at-fault driver may affect your claim.
Common Traffic Violations Seen in Alberta Personal Injury Cases
Traffic law violations play a significant role in personal injury cases, as they often serve as indicators of fault. Violations include (but are not limited to):
- speeding;
- running red lights or stop signs;
- distracted driving;
- driving without your lights on at night; and
- driving under the influence of alcohol or drugs.
When a driver breaks traffic laws, they breach their duty of care to other road users, which makes it easier to establish liability. In personal injury cases, demonstrating that the at-fault driver committed a traffic violation can significantly strengthen your claim and increase the likelihood of a favourable outcome.
Violating traffic laws before or during a motor vehicle accident does not mean that you are automatically considered wholly or partially at-fault for an accident for the purposes of a personal injury lawsuit. The injured person must prove that the other vehicle/driver was negligent, and this negligence caused the accident. A violation ticket helps but does not mean or prove automatic negligence.
Many violations can be treated as either provincial offences, which generally have less-severe penalties, or Criminal Code offences, which result in a criminal record if convicted. If found guilty of serious criminal offences, drivers may face jail time. One example of a particularly serious offence is not stopping or calling for help if you are involved in an auto accident when someone else appears to be injured. Repeated offences also increase the likelihood of being charged criminally.
Police Reports and Citations as Evidence of Negligence
Following a car accident, police reports and traffic citations can serve as crucial pieces of evidence. Police officers who respond to the scene will document their observations, including any traffic violations committed by the involved parties. These reports often include witness statements, diagrams of the accident scene, and notes on any visible injuries or damages.
Insurance companies and courts consider this evidence to determine fault and assess the viability of personal injury claim. Ensuring that you obtain and preserve these documents is essential for building a strong case. Our Calgary motor vehicle accident lawyers can help you to request records from the police.
How Criminal Charges Against the Other Driver May Affect Your Claim
Criminal convictions against the other driver may be helpful to your claim because they usually help prove wrongdoing. Insurance companies may be more likely to settle quickly and offer fair compensation when there is clear evidence of criminal wrongdoing.
Additionally, a criminal conviction can bolster your case if it proceeds to trial since it reinforces the argument that the other driver acted recklessly and caused the accident. It’s essential to work with an experienced Alberta personal injury lawyer to navigate the complexities of cases involving criminal charges.
Even if the other driver is not convicted, any criminal charges and resulting legal proceedings against them could be used to strengthen your claim. The burden of proof for criminal proceedings is “beyond a reasonable doubt”, which is higher than in civil cases, which are decided on a “balance of probabilities.”
Insurer Arguments That You Contributed to the Accident
Your insurer may attribute fault to you, either partly or fully. This finding is internal and does not have any impact what a court may find.
Insurance companies often attempt to reduce their liability by arguing that you contributed to the accident. In Alberta, the principle of contributory negligence applies, meaning that if you are found partially at-fault your compensation may be reduced proportionately. To avoid issues, gather evidence such as photos of the accident scene, witness statements, and any available surveillance footage.
Our experienced personal injury lawyers can help you present a compelling case. By effectively challenging the insurer’s arguments, you can maximize your compensation and ensure a fair settlement.
If you have been injured in a car accident, our law firm can also explain the types of damages, economic and non-economic, that you might be entitled to. Some examples of damages that could apply are lost wages, medical expenses, out-of-pocket costs, and pain and suffering.
How to Aid Your Auto Accident Case with Legal Representation
Car accident lawyers simplify your life and allow you to focus on your recovery first and foremost instead of worrying about bills or organizing a legal defence.
Since we can handle any correspondence for you, we can also help you to resist any pressure from your insurer to accept responsibility for the accident or to take an unfair settlement offer.
Navigating the auto insurance claims process when traffic violations are involved is easier with skilled legal representation. Our knowledgeable personal injury lawyers can help you gather and preserve evidence, negotiate with insurance companies, arrange examinations by medical specialists, and represent your interests in court if necessary.
Our Calgary motor vehicle accident lawyers can also provide valuable guidance on how to avoid common pitfalls that may jeopardize your claim. By leveraging their expertise, you can improve your chances of securing the compensation you deserve. Legal representation not only eases the burden of handling the claim on your own but also ensures that your rights are protected throughout the process.
Call Us With Questions About Your Alberta Motor Vehicle Accident
Traffic law violations can significantly affect your auto insurance claim in Alberta. Understanding those effects, effectively responding to insurer arguments, and supporting your case with plentiful evidence all increase your chances of securing fair compensation.
If you’ve been involved in a car accident and need legal assistance, don’t hesitate to call our 24-hour toll-free at 1-888-494-7191 to schedule a free initial consultation with our Calgary car accident lawyers today. Since we represent all our clients on contingency, you will only have to pay us if we win.
