Summer is well underway, and school is out for elementary, junior and senior high school age children. The summer means more kids on bikes, skateboards, and on foot (plugged into their smartphones). It also means an uptick in young people learning to drive. All of these things increase the potential for injuries to children. For drivers, this means you need to tune up your “kid radar” and drive defensively with a view to doing your part to ensure their safety and to protect yourself against liability.
In Alberta, ss. 185 and 186 of the Traffic Safety Act create a reverse presumption against drivers, such that if there is a collision between a motorist and a non-motorist (for example, a collision between a car and a child walking or on a bike), the onus is on the driver of the vehicle to prove that the accident did not arise solely because of their negligent operation of the vehicle. Continue reading
What is the main purpose of third-party liability?
Third party liability coverage in an automobile insurance policy will cover you if you are at-fault in a motor vehicle accident. In addition to giving you peace of mind, the main purpose of third-party liability coverage is to protect your assets in the event damages are assessed against you.
Standard practice for insurance companies and insurance brokers in Alberta is to recommend $1 million in third-party liability coverage in an automobile insurance policy. As a personal injury law firm, we urge you not to default to this standard practice, but rather purchase $2 million or more in third-party liability insurance. Continue reading
Walking on city sidewalks in Alberta in the winter and colder spring months can be treacherous. Many homeowners neglect to shovel the snow on city sidewalks in front of their homes following a snowfall, even though city and town bylaws require them to do so. In Edmonton, the city bylaw requires that a homeowner shovel the city sidewalk that runs alongside their property within 48 hours of the snowfall – in Calgary, the requirement is within 24 hours. Even if a homeowner shovels the city sidewalk, and perhaps also sands or salts, the sidewalk can remain treacherous, and pedestrians can slip and fall. Continue reading
Many people suffering injuries in a motor vehicle accident are concerned that pre-existing injuries they may have had from previous motor vehicle accidents, for example, might reduce or perhaps negate any potential damage award that might be granted to them. This is a valid concern as many people suffer from pre-existing injuries such as disc degeneration problems and ongoing chronic pain. As the plaintiff in a personal injury action you can anticipate that the lawyers for the defendant will review your medical records looking for pre-existing injuries or medical conditions.
How will my pre-existing injury affect my personal injury case?
The bottom line is that the judge will, in assessing damages, only put you back in your “original position”, which will include an assessment of your pre—existing injuries. Continue reading
If you are in a personal injury lawsuit take a look at what is being shared on your social media accounts.
As we enjoy the winter holidays with friends and family, it is almost second nature for us to post our holiday adventures on social media. As experienced plaintiffs’ personal injury lawyers, we must caution you that if you are in a personal injury lawsuit it’s not always best to over-share on social media. The material you share can be “mined” by defence counsel in a personal injury lawsuit in a manner that might undermine your case for damages.
The value of the Facebook evidence regarding you credibility can be undermined in a personal injury case. Continue reading
Bottom line – this will be a gift to you and your personal injury lawyer.
The other driver either being convicted of or pleading guilty to a criminal offence, such as impaired driving, or a traffic offence, such as failure to stop at a stop sign, will go a long way to proving the liability (fault) of the other driver in causing the motor vehicle accident, and thus go a long way to proving their liability for your damages suffered.
Take the impaired driving situation, for example. If the other driver is found guilty of impaired driving, under the Alberta Evidence Act, their conviction can be admitted as proof of the underlying facts in your civil trial for damages. Continue reading