Category: Motor Vehicle Accidents

How do Pre–existing Injuries Potentially Affect Your Personal Injury Damage Award?

Many people suffering injuries in a motor vehicle accident are concerned that pre-existing injuries they may have had from previous motor vehicle accidents, for example, might reduce or perhaps negate any potential damage award that might be granted to them. This is a valid concern as many people suffer from pre-existing injuries such as disc degeneration problems and ongoing chronic pain. As the plaintiff in a personal injury action you can anticipate that the lawyers for the defendant will review your medical records looking for pre-existing injuries or medical conditions.

How will my pre-existing injury affect my personal injury case?

The bottom line is that the judge will, in assessing damages, only put you back in your “original position”, which will include an assessment of your pre—existing injuries. Continue reading

During the holidays please don’t over – share on social media!

If you are in a personal injury lawsuit take a look at what is being shared on your social media accounts.

As we enjoy the winter holidays with friends and family, it is almost second nature for us to post our holiday adventures on social media. As experienced plaintiffs’ personal injury lawyers, we must caution you that if you are in a personal injury lawsuit it’s not always best to over-share on social media. The material you share can be “mined” by defence counsel in a personal injury lawsuit in a manner that might undermine your case for damages.

The value of the Facebook evidence regarding you credibility can be undermined in a personal injury case.

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Safety Driving Tips for Older Senior Drivers

The holidays are soon approaching, and for many of us, this will mean a welcome visit from our senior parents or grandparents. You may be concerned for their safety while driving long distances on the winter roads or in poor weather conditions. Statistics report that people 70 years of age and older have the second-highest accident rate per kilometer as compared to other age groups. Only young male drivers have a higher accident rate.

Driving concerns for seniors include:

  • Delayed reaction time  – a 65-year-old has a reaction time 22 times slower than a 30-year-old;
  • Impaired eyesight – vision problems such as cataracts, glaucoma and macular degeneration, can make it difficult to see clearly or drive at night, and may give rise to difficulties with depth perception;
  • Age-related hearing loss –  for example, reduced ability to hear a car honk or an approaching emergency vehicle or train can become issues;
  • Growing forgetfulness;
  • Range of motion issues such as shoulder checking and moving hands and feet.
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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

The Impact of Convictions for Criminal or Traffic Offences on Personal Injury Actions

Bottom line – this will be a gift to you and your personal injury lawyer.

The other driver either being convicted of or pleading guilty to a criminal offence, such as impaired driving, or a traffic offence, such as failure to stop at a stop sign, will go a long way to proving the liability (fault) of the other driver in causing the motor vehicle accident, and thus go a long way to proving their liability for your damages suffered.

Impaired Driving

Take the impaired driving situation, for example. If the other driver is found guilty of impaired driving, under the Alberta Evidence Act, their conviction can be admitted as proof of the underlying facts in your civil trial for damages. Continue reading

Distracted Walking – A Modern Day Hazard

The distracted pedestrian is a common sight these days. You know the ones, walking with their eyes glued to their cell phones, frequently listening to music on headphones, or feverishly texting, oblivious to their surroundings. We have all had a laugh at videos of people falling into swimming pools and walking into poles while walking and texting. But more tragic are the increasing incidents of distracted pedestrians injured or killed in intersections, at railway crossings, and by light rapid transit. On May 16, 2017, for example, a 60-year-old woman was killed when she walked into the path of a C-Train at the Calgary Whitehorn station, spell-bound by her cell phone, and in February 2017 a 30-year-old man was killed at the same station, absorbed in his headphones and cell phone. Continue reading