Car accidents are never fun. Unfortunately, they happen to the best of us. Here at Badyal Toor, we’re often asked what steps our clients should take after a car accident.
In the aftermath of a vehicle accident, establishing legal liability or fault is imperative to determine which party or parties are legally responsible for having caused the accident. Ultimately, establishing legal liability can determine if any compensation is awarded and what each party would receive. Here are some tips that we offer to Calgarians to consider when it comes to personal injury and car accidents.
Scene of the Accident
The scene of an accident can be confusing, hectic and emotional, often making it difficult to sort out the details and establish legal liability at an early stage. Here are some of the factors that should be considered at the scene of an accident in Calgary in order to determine liability including:
· Weather conditions;
· Road conditions;
· Whether there were any traffic control lights or signage at the scene or near the accident?
· Mechanical condition of the vehicles;
· Speed of vehicles at the time of accident;
· Direction in which the vehicles came to a stop after the accident;
· Police reports;
· Were there any independent witnesses to the accident?
· Were either the driver or drivers sober and of sound mind?;
· Were either the driver or drivers distracted or in a hurry to get somewhere?; and
· Did any party break any laws related to driving?;
As you can see, there are a lot of contributing factors to the average vehicle accident. While the police’s goal is to establish legal liability with respect to criminal charges, a personal injury lawyer like those here at Badyal Toor, endeavors to establish legal liability to determine if our client has a case.
When establishing legal liability, more than one party can be held fully responsible. The blame can be equally divided among all of the parties or percentages of the blame can be assigned based on the circumstances of the accident. Each case is individual and we recommend it to be reviewed and considered on its own evidence and testimonies.
Reporting an Accident
In Alberta, if the estimated damages stemming from a vehicle accident exceed $2,000 then you are required to report it to the police. With respect to insurance providers, most require their clients to report an accident, no matter how minor. All reports and relevant data help influence deductibles and rates.
After an Accident
If you are in an accident, make sure that you do not admit fault or discuss the details of the accident with anyone besides the police. Tempers and emotions can be high but remember there’s nothing to be gained from engaging in a heated argument with the driver or passengers of the other vehicle.
Here at Badyal Toor, we also recommend that you record the facts while your memory is fresh. These facts could eventually be given to the police, claims adjusters, your legal counsel or doctors. In addition, take photos of the vehicles, the damage, and the accident. Make sure to get the names and contact information of the other people involved and any other witnesses. Lastly, be sure to obtain the police report.
After you leave the scene, the first order of business should be to tend to any medical needs. Even if you aren’t experiencing severe symptoms, it’s best to seek medical attention and document anything related to your injuries, including any psychological impact.
Afterwards, contact a personal injury lawyer, like those here at Badyal Toor. We will collect all the relevant information and delve into your case. An effective personal injury lawyer helps you determine if you were wronged or at fault or if your situation falls somewhere in between the two. Contact us today for more information.