Being injured as a passenger in a motor vehicle accident in Alberta can be a distressing experience. Whether the collision occurred in Calgary, Edmonton, or elsewhere in the province, understanding your rights and the legal avenues available is crucial. This guide provides insights into Alberta’s personal injury laws concerning passengers and outlines steps to protect your interests.
Your Rights as an Injured Passenger
In Alberta, passengers injured in car accidents are entitled to compensation, regardless of who was at fault. This includes access to accident benefits through the driver’s insurance policy, covering medical expenses, rehabilitation costs, and income replacement.
If the at-fault driver is uninsured or unidentified, you may still be eligible for compensation through the Motor Vehicle Accident Claims (MVAC) Program, which provides up to $200,000 for personal injury damages.
Steps to Take Following the Accident
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Seek Medical Attention: Prioritize your health by obtaining immediate medical care, even if injuries seem minor.
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Document the Incident: Collect details such as the driver’s information, vehicle details, and contact information of any witnesses.
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Report the Accident: Ensure the accident is reported to the police, especially if there are injuries or significant property damage.
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Notify the Insurance Company: Inform the driver’s insurance provider about the accident to initiate your accident benefits claim.
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Consult a Personal Injury Lawyer: Engage a legal professional experienced in Alberta’s personal injury law to guide you through the claims process and protect your rights.
Understanding Contributory Negligence
Alberta operates under a contributory negligence system, meaning that if you are found partially at fault for your injuries (e.g., not wearing a seatbelt), your compensation may be reduced proportionally.
Time Limits for Filing a Claim
Generally, you have two years from the date of the accident to file a personal injury claim in Alberta. However, if the injured party is a minor, the limitation period extends until two years after their 18th birthday.
Pedestrian Accidents: A Special Consideration
If you were a pedestrian injured in a motor vehicle accident, Alberta law places a reverse onus on the driver, requiring them to prove they were not negligent. This legal framework often benefits injured pedestrians seeking compensation.
How The Accident Lawyers Can Assist You
At The Accident Lawyers, we specialize in personal injury cases across Calgary, Edmonton, and Alberta. Our experienced team is dedicated to ensuring you receive the compensation you deserve. We offer free consultations to discuss your case and outline the best course of action.
If you’ve been injured as a passenger in a motor vehicle accident, don’t navigate the complexities of Alberta’s legal system alone. Contact The Accident Lawyers today for expert guidance and support.