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Car Accident Lawyer - Injury Compensation Claim - Canada Law

LAWYER HELPLINE: 855 804 7125

Car accident lawyers in Canada deal with more than 100,000 claims for compensation on an annual basis. There are about a half a million motor vehicle collisions in Canada every year which cause about 250,000 people to be injured, over 20,000 of which are critical injuries of which about 3,000 are fatalities. There are about 8 deaths every day on Canadian roads and there is a serious injury every 2 minutes. Alcohol consumption is involved in a third of all fatal accidents and most fatalities did not wear a seat belt. The leading cause of death for people less than 30 years of age relates to motor vehicle accidents with SUV accidents accounting for more than double the normal rate of fatalities as a result of a road accident.

An accident compensation claim arises out of a motor vehicle collision that results in injury and loss caused by a negligent 3rd party. If you have suffered injury in a car accident was not your fault, you should instruct a specialist car accident lawyer to file a claim for damages on your behalf. Lawsuits for road accident compensation claim settlements are carried out on a contingency basis which effectively means no win no fee. This means that you don't have to pay the car accident lawyer throughout the case unless and until the compensation claim is won. If you win the case, you pay the car accident lawyer and keep the rest. If your case is lost, you don't get any money but you don't have to pay your lawyer any money either. The defendants insurers must, on the other hand, pay their lawyer, win or lose, throughout the lawsuit. If you have been injured in a motor vehicle accident as a driver, rider, passenger or pedestrian and you would like free advice without any further obligation from a specialist personal injury lawyer just contact our offices.

The number of accidents may have reduced, but they still have not ended. This is why you as a driver, pedestrian, cyclist or passenger needs to understand the causes and injuries that take place because of them. By becoming aware of the problem, you will be able to avoid them. If you are in one such accident, you will know what course of action you should take in such a situation. Here is everything that you need to know about personal injuries caused by car accidents in Canada.

Negligence Law

Motor vehicle accident compensation claim settlements are governed by the general law of negligence which dates back to the fourteenth century when a man in England lost a horse on a ferry that sank whilst crossing a river. The law of negligence has been continuously honed and developed since then. Most personal injury cases based on the law of negligence that are determined in a court of law in Canada relate to collisions involving motor vehicles where claimants are represented by specialist a car accident lawyer. Negligence has many definitions and can come from acts of omission which is a failure to do something that a reasonable person would have done or from acts of commission which is actively doing something that a reasonable person would not have done :-

Standard of Proof

A car accident lawyer must go through several steps in order to make a successful damages claim following a motor collision. It must be shown that the defendant in the case owed a duty of care to the injured party. All road users owe a duty of care to all other road users so this part is usually straightforward. The claimant must then prove, on the balance of possibilities that the defendant's behavior has fallen below a reasonable and acceptable standard. This is the main thrust of an allegation of negligence in a car accident claim. The claimant car accident lawyer must show that it is more likely than not that the defendant was negligent. This is easier than the standard of proof in a criminal trial which requires proof 'beyond all reasonable doubt'.[A criminal conviction of the defendant for a moving traffic offense isn’t necessary to make a claim in the civil courts but it helps greatly.] The car accident lawyer must then prove that injury and loss occurred as a result of the defendant's negligent actions. Most financial losses are obvious and a damages award will cover them while others are considered remote and not claimable because they were unforeseeable.

Compensation Award

Once it is determined that a third party was to blame by way of negligence for a motor vehicle collision, a car accident lawyer goes about assessing the value of the injury and any financial losses. The value of pain and suffering for personal injury is determined after consideration of the extent of the injury, the recovery period and whether or not there are any long term disabilities. Other losses are calculated where possible or are assessed by a judge who has the final determination of the overall value of the award after representations from lawyers on both sides.

Evidence Preservation

After a collision there are a number of things that a car accident lawyer will advise you to do:-

Car Accident Lawyer

If you are a victim of a car accident, you need to see a personal injury lawyer who only gets paid if you win your claim. This is a lawyer who is an expert in motor vehicle accidents and who understands the type and scope of injuries that can be sustained in car accidents. The car accident lawyer will negotiate with the 3rd party insurance company and, if they do not get agreement for the dollar amount they want, they can go to trial to get more money on the table for you. Our lawyers are expert personal injury advocates and only deal with road traffic accident claims. For free advice with no further obligation just contact our offices.

Our car accident lawyers deal with all motor vehicle collisions including compensation claims for pedestrians, passengers, motorcycle riders and cyclists. Our personal injury lawyers are very experienced in these matters and we offer expertise that is second to none. Our lawyers deal exclusively in claims involving physical injury.

If you would like to talk to an experience car accident lawyer without obligation then just call the helpline or email our offices or complete and send the contact form and a personal injury lawyer who deals exclusively in accident claims will phone you with advice at no cost and information on how best to preserve your legal rights to compensation for your injuries.

Personal Injury

Personal injuries are the most common aftermath of car accidents throughout the world. In Canada, there has been a significant reduction in the number of car accidents taking place, which is why the rate of personal injuries has also gone down. But roadside and traffic accidents are still prevalent, even though authorities are constantly making efforts to reduce the fatalities and major damage caused by them. Laws have been introduced that are so strict that people pay more attention to their driving and are particularly careful of the fact that if there is an accident, they stay and sort out the issue however they can.

The number of accidents may have reduced, but they still have not ended. This is why you as a driver, pedestrian, cyclist or passenger needs to understand the causes and injuries that take place because of them. By becoming aware of the problem, you will be able to avoid them. If you are in one such accident, you will know what course of action you should take in such a situation. Here is everything that you need to know about personal injuries caused by car accidents in Canada.

Why Do Car Accidents Occur?

The first question that comes to mind is, why so many car accidents? What are the reasons behind them and how do they result in personal injuries? According to a research conducted in Canada, in 2010 alone, about 123,000 personal injuries took place because of car accidents, out of which 2200 ended in fatalities. Even though there are some common causes, the major reasons for these car accidents are negligence and alcohol influence. Some other factors that result in car accidents are:

These are only some of the causes of personal injuries acquired by car accidents. There are many others that could result in you or someone else getting hit by an oncoming vehicle. Personal injuries acquired also depend on the kind of collision that occurs. Below is some information about it:

Impact or Collision

Even though there have been many advancements in car and occupant safety, there are still dozens of collisions on the road each day. Many anti-lock breaking systems, extra safety seat belts, special chairs and carriers for kids and pets have been manufactured, yet the ratio of fatalities and injuries is still high. One of the reasons can be that many of the cars that are being used in Canada are ones that have braking systems and steering technology which is 35 years old and relatively outdated. This means that people are still just as much at risk of getting caught in a vicious accident as they were 35 years ago. But research suggests that the chance of getting in a road accident have risen significantly because of heavy traffic condition, reckless driving and weather, as well as road conditions.

The most common types of impact or collisions that take place are:

Different Types of Personal Injuries Caused by Car Accidents

It is important to know about the kind of injuries that take place on the road because by knowing about them, you will have a general idea about what or what not to do, or how you can help yourself or someone else involved in the accident. Below are some of the most common injuries acquired through car accidents.

Car Accidents - A Rising Epidemic?

Did you know that car accidents are one of the leading causes of deaths in the world? According to statistics, about 1.2 million people around the world die in road accidents and about 50 million are injured in such scenarios. Experts have calculated that if such instances prevail, the burden of road side injuries would become the third contributing factor by the year 2020. Even though it is the developing countries that are more vulnerable to roadside accidents, developed countries also face the epidemic of traffic injuries and fatalities. Below are all the reasons why traffic accidents are becoming so common in Canada, what measures have been taken to control them and what are the things you as a driver, pedestrian and passenger have to keep in mind.

The good news is car accidents in Canada have been controlled significantly. This has mostly been because of the strict laws about roads and the events in which an accident takes place. For example, car insurance laws have been requires that all drivers have insurance. What’s more, Canadian roadside laws state that if there is an accident, whoever is involved must stop to see what can be done to help. If people don’t stop they will be penalized and will have to pay a fine.

But then if the accidents have lessened over time, what are the factors that still contribute to so many roadside injuries and deaths? Below are some of the reasons why the problem is still an epidemic, albeit a controlled one.

Safety Measures

Now that you know what are the causes of car or roadside accidents in Canada, there are many safety measures you can take, or teach your loved ones so that they cannot only keep themselves safe, but also remove any aspect of danger to others. Here is what you can do:

However many safety measure the government takes, they will not be able to keep you safe, until and unless you decide to put your efforts in making sure that roads become safe!

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