Credibility Part II: Video Surveillance

In a recent blog post, we discussed how credibility is key in personal injury actions. In this blog post, we explore this further by citing examples where a plaintiff’s credibility has been seriously compromised by video surveillance.

Video Surveillance and Privacy Rights

Video surveillance seems to be especially prevalent in cases involving claims for chronic pain because the reporting of chronic pain to medical professionals is often seen by insurance adjusters to be “subjective,” and thus subject to challenge. It is not uncommon for the defendant’s insurer to hire a private investigator to “tail” the plaintiff and video their daily activities in search of evidence that may compromise the plaintiff’s claims of impairment. Continue reading

What Should You Do If You Are Injured In A Hit-and-Run Accident?

If you are injured in a hit-and-run accident in Alberta, whether as a pedestrian, a cyclist or while driving your own motor vehicle, you may still be able to get compensation for your injuries. The Government of Alberta, through the Administrator of the Motor Vehicle Accident Claims Fund, will pay compensation up to $200,000 for personal injury claims brought by individuals who are injured in motor vehicle collisions that were caused by an unknown and unidentified driver. Also, if you have insurance coverage through your own automobile insurer in the form of a SEF 44 Family Protection Endorsement, which provides coverage to you in the event that you are injured in a collision caused by an uninsured or underinsured driver, you may also have a claim under your own insurance policy as illustrated by this Alberta case. Continue reading

Schools out! Summer Safety Reminders for Drivers, Parents, and Kids

It’s the end of June and school will soon be 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