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How to Prove Fault in a Calgary Car Accident Case

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If you have been hurt in a Calgary car accident, you must prove who was at fault to receive compensation. Many drivers soon find out that car accidents can be complex, especially when there are multiple parties involved. It takes the skills of an experienced car accident lawyer to examine your accident from all angles and build a strong case for compensation.

Statistics show that Calgary’s roads are becoming more dangerous. 2,633 crashes caused injuries in 2023 – around 200 more than during the previous year. If you suffered injuries in a Calgary car wreck, do not be tempted to go it alone. Choose a qualified Calgary car accident lawyer to help you navigate the legal process and give you the best chance of fair compensation.

This article will explore the steps a car accident lawyer with Grover Law Firm can take to determine fault and build a strong personal injury claim. We will also examine how Alberta’s insurance and legal systems impact your case. 

Understanding Fault in Calgary

Alberta follows an “at-fault” car insurance system. This means that an injured party has the right to sue whoever caused the accident for compensation. To prove that party was “at fault,” an insurance company or car accident lawyer must demonstrate that their negligent actions were the cause of the collision.

To pursue compensation, you must file a personal injury claim with the responsible party’s insurance company. If everything goes smoothly, that insurer will pay you enough compensation to meet your needs. 

As of 2024, the government of Alberta is considering moving to a “no-fault” car insurance system. This would mean drivers deal with their own insurance company, regardless of fault. It should also protect at-fault drivers from civil litigation. 

However, in April 2024, the results of a poll conducted by the Fair Alberta Insurance Regulations (FAIR Alberta) coalition indicated that only 16 percent of Albertans are in favor of this change.

Who determines fault in Calgary car accidents?

Insurance companies normally determine liability, but this does not mean that you have to accept their decision. 

A motor vehicle accident lawyer can provide evidence to challenge incorrect decisions and negotiate compensation with the insurance company. However, if a dispute about fault cannot be settled through negotiations, it can be challenged in the Alberta court system.

When the police attend the scene of Calgary accidents involving injuries, crimes, or serious damage, they will create a report. However, the police are not responsible for determining fault. If the police choose to lay charges after investigating a collision, this still does not determine liability. 

Car accident case

What to do after a Calgary car wreck

The government of Alberta is very clear about what drivers should and should not do after a car accident. This guidance can protect your legal rights. This includes avoiding unnecessary admissions of responsibility after an accident, which could complicate your personal injury claim later.

The government of Alberta advises as follows:

  • Liability: Don’t voluntarily accept liability at the scene. Neither should you sign a statement regarding fault or assume responsibility for the accident.
  • Payment: Don’t make any payments at the scene or promise to pay damages later
  • Walk away: Don’t agree among yourselves to just walk away and forget about the accident
  • Damages: Don’t accept damages or discuss a settlement at the scene

Instead, you must stop, call 911, and keep yourself and others safe. Depending on the circumstances, you may also have to report the accident to the police. 

You must report the accident to your insurance company. However, stick to the facts. Don’t admit liability, even to your insurance provider. Any statements you make to the adjuster could be recorded and used against you later.

Property damage in Calgary car accidents

Alberta has specific regulations for property damage. In car accidents, this mainly refers to damage to your vehicle but could cover other belongings damaged in the crash.

If your accident happened after January 1, 2022, Calgary drivers must consider Alberta’s Direct Compensation for Property Damage (DCPD) coverage regulations. These new laws mean you must claim from your own insurance provider for vehicle damage, not from the at-fault driver.

These new laws make determining fault essential because the DCPD only covers damage for which you were not responsible. When you are at fault, you need to claim for property damage from your collision coverage, if you have it. When partially at fault, your vehicle damage claim would be split proportionally between your DCPD insurance and collision coverage.

Building a Strong Case for Liability in Calgary Car Crash Cases

The goal of every insurance company claims adjuster is to finalize claims as quickly as possible and pay out as little as they can. Depending on the circumstances, this may mean they are not incentivized to investigate your accident carefully and prove fault. 

On the other hand, if you hire a Grover Law Firm car accident lawyer, he or she will be thoroughly invested in getting the best outcome for you. With our help, you can protect your rights. 

How to determine fault

To prove a party was at fault, a Calgary motor vehicle accident lawyer must provide evidence to satisfy the following four points:

  • Presence of duty: The other party must have had a duty of care toward the injured party. Whenever someone gets behind the wheel, he or she automatically has a duty of care toward other drivers and pedestrians.
  • Breach of duty of care: The driver’s negligent actions breached his or her duty of care toward the injured party.
  • Direct causation: The breach of duty was the direct cause of the accident and resulting injuries. The lawyer must demonstrate that the accident would not have happened had the defendant not breached his or her duty of care.
  • Damages: The motor vehicle accident lawyer must provide evidence of the financial and other losses sustained by the injured party due to the other party’s negligent actions. This demonstrates how the claimant is entitled to compensation for these losses.

A car accident lawyer must provide strong evidence to support each point, for a case that will stand up in negotiations or court.

Contributory negligence in Alberta

The province of Alberta follows the legal doctrine of contributory negligence. This means that even if you were partially liable for causing an accident, you may be entitled to compensation. 

The Alberta Contributory Negligence Act, Chapter C-27, states that the liability will be “in proportion to the degree in which each person was at fault.” However, if it is not possible to establish different degrees of fault, liability will be apportioned equally.

In practical terms, this means that your settlement would be reduced by your proportion of liability if you are found to be partly at fault. So, if full damages amounted to $200,000 and you were 50 percent at fault, you could receive $100,000.

Do not quickly conclude that you do not have a case because you suspect you were partially to blame. Talk to a Calgary car accident lawyer who can provide tailored legal advice. We can tell you whether you have a strong case for compensation. 

Accident investigation

If a Grover Law Firm car accident lawyer agrees to take on your case, he or she will start by investigating your accident in detail. This involves examining many types of evidence.

Such evidence may include:

  • Witness statements: Eyewitness testimony may shed light on what happened in the build-up to your accident.
  • Photo and video evidence: Pictures from the accident scene showing road conditions, vehicle damage, and injuries can help explain what happened. Additionally, if available, security or traffic camera footage could show who acted negligently before the collision occurred.
  • Investigating police officer’s report: While this will not determine liability, the police report may contain details of contributing factors, such as impaired driving or speeding.
  • Testimony from drivers: Although there is the possibility of bias, your own testimony and that of other drivers can speak to what happened and who was responsible.
  • Medical records: This documentation can provide a crucial link between your injuries and your car accident.

Memories can fade fast, especially after a traumatic car accident. It is a good idea to write out your own account of what happened as soon as possible after the crash. Also, schedule a case evaluation with a Grover Law Firm car accident lawyer as soon as you can while your accident is still fresh in your mind.

The role of accident reconstruction specialists

If your collision caused serious, life-changing, or fatal injuries, your lawyer may retain an accident reconstruction specialist. These professionals reconstruct what happened and provide a detailed report. This may speak to human factors, the biomechanics of injuries, mechanical failures, and other factors that caused your accident and resulting injuries.

Expert witness testimony could strengthen your case. It could also be used in court if it is impossible to settle questions of liability through negotiations.

Fault in Common Accident Scenarios

Every accident is unique and requires investigation. However, auto accidents follow certain patterns. Both car accident lawyers and insurance companies use these in determining fault. Here are some of the most common scenarios and explanations of who may be considered at fault for each. 

Rear-end collisions

Many scenarios can lead to rear-end collisions, including:

  • Slow-moving traffic
  • Stopped at a red light
  • Making a left turn

In rear-end accident scenarios, it is usually the rear driver’s fault. He or she should have been paying attention and reacted in time — in most cases. 

Multi-car pile-ups

If you were driving safely and not speeding when the pile-up happened, every involved driver will likely be determined to be 50 percent liable for the accident.

Sideswipe accident

Road positioning is critical in determining fault in sideswipe accidents. For instance, the driver who went too close to, or over, the centre line is more likely to bear a greater amount of responsibility. On the other hand, if you sideswipe a legally parked car, you will probably be 100 percent at fault.

Let Grover Law Firm Fight For Your Rights

A Calgary car accident can leave you dazed and confused. At this critical time, you need to focus on recovering physically and emotionally from your injuries, not fighting to prove who was at fault. 

You need support. You need an experienced, compassionate, and tenacious Calgary car accident lawyer on your side, fighting for your rights and doing all the heavy lifting for you.

Founded by Calgary native Steve Grover, our law firm has been successfully fighting for Calgary car crash victims for over 20 years. Having secured six and seven-figure payouts for our clients, we’ve helped so many people get back on their feet both physically and financially. 

Are you ready to discover what we could do for you? Call (403) 253 1029 or fill out our contact form today to schedule a free case evaluation.

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