In many car accidents, it is not normally the fault of both drivers. An accident is normally caused by the negligence of one driver. While both drivers may have not been paying attention 100% on driving, one driver was even more neglectful about paying attention to what they were doing and what was going on.
Car accidents occur so quickly and in a violent manner that the occupants in both of the vehicles may not be able to determine exactly what happened that caused the impact. The fault is normally determined by an investigator hired through the insurance company or the police department that will work at re-enacting the accident to determine what happened.
Fault determination under the Insurance Act
Property damage can occur when a vehicle or another object goes onto someone’s’ property without permission. When this happens during an automobile accident, someone will need to pay for the property damage in order to satisfy the owner of the property. The insurance company will come out and assess the damages that was done from the accident involving your vehicle and the other individuals. The insurance adjuster will then determine how much it will pay for this damage and will contact the individual and proceed with the payment.
If you received an injury due to the automobile accident, you will want to find a personal injury lawyer in Grande Prairie that has the experience representing individuals with similar claims. With the help of your lawyer, you can obtain compensation for the following:
• Lost earnings
• Medical expenses
• Caregiver or companion compensation
• Rehabilitation expenses
If you can provide enough proof to the courts that another party is responsible for the injuries you have received in an accident, then your lawyer will go to work and help win the case for you. The lawyer representing you will also assist you in obtaining compensation for pain and suffering after the accident occurred.
Proving another driver was negligent
If you want to win your case, you will need to help your lawyer prove to the courts that the driver that hit you was the one at fault. This is not always easy to do and you will need the following information:
• Existence of a duty of care
• Breach of a duty of care
The duty of care owned by an individual driver to another person or more people using public access on roadways, pedestrians, or bicyclists is a way that they can maintain control of their vehicles, obey all traffic laws and of course, generally operate the vehicle in a responsible manner.
When they breach the duty of care, they are not doing what they need to be doing when operating a vehicle and this includes:
• Driving the vehicle while under the influence of alcohol
• Driving in a reckless manner
• Driving while sleepy
• Distracted driving
When a driver willfully engages in this type of behavior, it will violate all laws to avoid an accident and placing someone in risk of an accident causing injury.
An element of causation is proven when evidence is established showing a drivers neglect or behavior that is unsafe to those who are on the road. The accident that was caused is a result of this type of individual.