Recovering from a vehicular accident is a traumatic experience for every victim, physically as well as monetarily. Receiving a fair compensation for this incident not only makes the process of recuperation easier but also ensures fiscal stability for the injured’s family. Hence, it is crucial for victims to file their claims promptly and negotiate the payments astutely.
For the province of Alberta, the amount of compensation conferred to the victims of vehicular collision is determined by the Motor Vehicle Accident Claims Act. Under this legislation, the sum of the settlement is defined by the degree of fault of the respective parties involved in the accident. Beyond obvious violations, there are several other factors that determine the extent of a motorist’s liability in a collision.
Here’s a closer look on how to determine fault in a car accident:
Police records are one of the earliest documentations of a vehicular accident and are a critical source for determining the fault in a collision. It is recommended that you retrieve a copy of the same from your local law enforcement agency and review it with your personal injury lawyer. An experienced lawyer helps you identify the different violations associated with the accident and determine the degree of fault accurately.
Violations under Common Law
Accounting for the violations made under Common Law is one of the most direct ways of determining fault in a vehicular accident. Although in most cases these damages intersect with the statutory driving violations, a few key ones are:
- Negligence – As the term suggests, negligence is the failure to conduct one’s actions with the degree of care expected by the law. In cases of vehicular collisions, the most common types of negligence cited as defence are, contributory, comparative and criminal.
- Intentional Misconduct – Intentional misconduct is a personal transgression committed against another individual.
- Wanton Conduct – Wanton conduct or recklessness is a violation in which the party at fault displays a complete disregard for the law or safety of other party involved in the accident. Driving under influence of drugs or alcohol is usually considered wanton conduct.
- Strict Liability – This liability may be enforced on the victim even while he is not at complete fault due to defective or irregular equipment. For example, driving with explosive substances in the vehicle imposes strict liability.
In cases of wanton conduct, defining the liability is usually straightforward. But in other common collisions, determining the culpability can be trickier. A skilled lawyer can help you understand how to determine fault in a car accident and negotiate a fair settlement.
Motor Vehicular Violations
Motor vehicular violations are the Province’s statutory driving laws’ violations made by the drivers involved in an accident. Depending on the rules of the Basic Licence Driver’s Handbook that are violated, your lawyer can determine the extent of your fault in the collision.
No Doubt Liability
In certain cases, the entire fault of the accident lies on one of the drivers involved in the accident and the settlement is determined directly based on it. A few key no doubt liabilities include:
- Rear-End Collisions
- Left Turn Accidents
Consulting a practised law firm can help you identify your accurate degree of fault in the accident and obtain a reasonable settlement on your claim.