Compensating Victims of Injuries Resulting from Motor Vehicle or Motorcycle Accidents in Alberta: Legal Implications for Cases Involving Contributory Negligence
Motor vehicle accidents are an unfortunate reality of modern life. Whether it’s a minor fender-bender or a more serious collision, accidents can cause serious physical and emotional trauma to those involved. In Alberta, the law provides a framework for compensating victims of motor vehicle accidents, but what happens when the victim was not wearing a seat belt and there was contributory negligence? This article will explore the legal implications of these scenarios, and examine how the Alberta courts have dealt with the issue.
Seat Belt Use in Alberta
Seat belts are a critical safety feature in motor vehicles. According to Alberta law, all occupants of a motor vehicle are required to wear a seat belt at all times while the vehicle is in motion, regardless of where they are seated. Failure to comply with this law can result in a fine, and in the event of an accident, can have significant implications for any claims for compensation.
Contributory Negligence in Alberta
Contributory negligence refers to the idea that the victim of an accident may share some responsibility for the harm they have suffered. In the context of a motor vehicle accident, this could include factors such as failure to wear a seat belt, distracted driving, or impaired driving. When a victim is found to have contributed to their injuries in this way, it can affect their ability to recover compensation.
Alberta law follows the principle of contributory negligence, which means that damages awarded to an injured party may be reduced in proportion to their degree of fault. For example, if a court finds that the victim was 25% responsible for their injuries, they may receive only 75% of the damages they would otherwise be entitled to.
The principle of contributory negligence can be particularly relevant in cases where the victim was not wearing a seat belt at the time of the accident. Failure to wear a seat belt can increase the severity of injuries suffered in an accident, and may be seen as a contributing factor in some cases.
Case Studies
To illustrate how the principle of contributory negligence has been applied in Alberta courts, we will examine five cases involving motor vehicle or motorcycle accidents where the victim was not wearing a seat belt and contributory negligence was alleged.
- R v. Jurkowski (2009 ABPC 321)
In this case, the victim was a passenger in a car driven by the defendant. The victim was not wearing a seat belt at the time of the accident, and suffered serious injuries as a result. The court found that the victim’s failure to wear a seat belt was a contributing factor in her injuries, and reduced the damages awarded accordingly. The defendant was also found to be at fault for the accident, and was ordered to pay damages to the victim.
The court found that the victim’s failure to wear a seatbelt was a contributing factor to her injuries and apportioned 25% of the fault to her. The defendant was found to be 75% at fault for the accident. The damages awarded were $200,000, reduced by 25% to account for contributory negligence. Therefore, the final amount awarded to the victim was $150,000.
- Kaspick v. Lorne (2004 ABPC 70)
In this case, the victim was a passenger on a motorcycle driven by the defendant. The victim was not wearing a helmet or any protective gear, and suffered serious head injuries when the motorcycle crashed. The court found that the victim’s failure to wear protective gear was a contributing factor in his injuries, and reduced the damages awarded accordingly.
The court found that the victim’s failure to wear protective gear was a contributing factor to his injuries and apportioned 25% of the fault to him. The defendant was found to be 75% at fault for the accident. The damages awarded were $500,000, reduced by 25% to account for contributory negligence. Therefore, the final amount awarded to the victim was $375,000.
- Moroz v. Alberta (2009 ABQB 163)
In this case, the victim was a passenger in a car driven by the defendant. The victim was not wearing a seat belt at the time of the accident, and suffered serious injuries as a result. The court found that the victim’s failure to wear a seat belt was a contributing factor in her injuries, but did not reduce the damages awarded as the defendant was found to be at fault for the accident.
The court found that the victim’s failure to wear a seatbelt was a contributing factor to her injuries but did not apportion any fault to her. The defendant was found to be 100% at fault for the accident. The damages awarded were $1,090,000, with no reduction for contributory negligence.
- v. Stroh (2008 ABPC
In this case, the victim was driving his vehicle when he lost control and crashed into a ditch. The victim was not wearing a seat belt at the time of the accident and suffered serious injuries. The court found that the victim’s failure to wear a seat belt was a contributing factor in his injuries and reduced the damages awarded accordingly.
The court found that the victim’s failure to wear a seatbelt was a contributing factor to his injuries and apportioned 25% of the fault to him. The defendant was found to be 75% at fault for the accident. The damages awarded were $100,000, reduced by 25% to account for contributory negligence. Therefore, the final amount awarded to the victim was $75,000.
- Gieni v. Johnston (2001 ABQB 498)
In this case, the victim was a passenger in a car driven by the defendant. The victim was not wearing a seat belt at the time of the accident and suffered serious injuries as a result. The court found that the victim’s failure to wear a seat belt was a contributing factor in her injuries, and reduced the damages awarded accordingly.
The court found that the victim’s failure to wear a seatbelt was a contributing factor to her injuries and apportioned 15% of the fault to her. The defendant was found to be 85% at fault for the accident. The damages awarded were $158,000, reduced by 15% to account for contributory negligence. Therefore, the final amount awarded to the victim was $134,300.
Legal Implications
From these cases, it is clear that failure to wear a seat belt can be a significant factor in determining compensation for victims of motor vehicle accidents. Alberta law requires all occupants of a motor vehicle to wear a seat belt at all times while the vehicle is in motion, and failure to do so can result in reduced damages.
However, it is important to note that the courts will consider all relevant factors when determining compensation, and failure to wear a seat belt will not necessarily result in reduced damages in every case. For example, if the victim can demonstrate that their injuries would have occurred regardless of whether they were wearing a seat belt, they may still be entitled to full compensation.
Conclusion
Compensating victims of motor vehicle accidents in Alberta can be a complex process, particularly in cases where there is contributory negligence involved. Failure to wear a seat belt can be a significant factor in determining compensation, and victims should be aware of the potential impact of this on their claims.
If you have been injured in a motor vehicle or motorcycle accident in Alberta, it is important to seek the advice of an experienced personal injury lawyer. They can help you navigate the legal process and ensure that you receive the compensation you deserve. Contact Merchant Law today to schedule a consultation with one of our experienced lawyers.
Why is it important to get an experienced litigator to handle your personal injury case and in particular why is it a must in a contributory negligence fact situation?
It is important to note that each case is unique and the specific apportionment of fault and damages awarded will depend on the individual circumstances of the case. Victims of motor vehicle accidents in Alberta should seek the advice of an experienced personal injury lawyer to determine the potential impact of contributory negligence on their claims and argue and advocate for the best possible and most favourable interpretations of all the facts and circumstances. This is what the best Alberta injury lawyers must do.
It is important to get an experienced litigator to handle your personal injury case for several reasons, and this is particularly important in a contributory negligence fact situation.
Firstly, an experienced litigator will have a deep understanding of the law and the legal process. They will be able to navigate the complexities of the legal system and ensure that your rights are protected throughout the process. They will also have experience dealing with insurance companies and other parties involved in the case, and will be able to negotiate effectively on your behalf.
Secondly, an experienced litigator will be able to assess the strength of your case and provide you with a realistic assessment of your chances of success. They will also be able to advise you on the potential value of your claim and ensure that you receive fair compensation for your injuries.
In cases involving contributory negligence, an experienced litigator is particularly important. Contributory negligence can be a complex issue, and determining the extent of the victim’s fault can be a contentious matter. An experienced litigator will be able to build a strong case that takes into account all relevant factors and effectively argues against any allegations of contributory negligence.
Additionally, an experienced litigator will be able to gather and present evidence that supports your claim and effectively counter any arguments made by the defense. They will also be able to engage expert witnesses where necessary to provide additional support for your case.
In short, an experienced litigator is essential for ensuring that your personal injury case is handled effectively and that you receive the compensation you deserve. In cases involving contributory negligence, their expertise can make all the difference in ensuring that you receive a fair outcome.
In cases involving the potential argument with the insurance company over the level of contributory negligence for not wearing a seatbelt, what can the best Alberta injury lawyer do to help clients and why should one hire a lawyer?
In cases involving potential arguments with an insurance company over the level of contributory negligence for not wearing a seatbelt, an experienced Alberta injury lawyer will take several steps to help their clients.
Firstly, they will gather evidence to support the victim’s claim and build a strong case that takes into account all relevant factors. This may include obtaining medical reports, witness statements, and other evidence that supports the victim’s version of events.
Secondly, they will engage expert witnesses where necessary to provide additional support for the victim’s case. For example, they may engage a medical expert to provide an opinion on the extent of the victim’s injuries and the likely impact of not wearing a seatbelt.
Thirdly, they will negotiate effectively with the insurance company and other parties involved in the case. This may involve engaging in settlement negotiations or arguing the case in court, depending on the circumstances of the case.
Ultimately, an experienced Alberta injury lawyer will be focused on achieving the best possible outcome for their client. This may involve pursuing a claim for full compensation, even in cases where contributory negligence is alleged.
There are several reasons why a victim of a motor vehicle accident in Alberta should hire a lawyer to assist with their case. Firstly, an experienced lawyer will have a deep understanding of the law and the legal process, and will be able to guide the victim through the complex and often confusing legal system.
Secondly, a lawyer will be able to assess the strength of the victim’s case and provide a realistic assessment of their chances of success. They will also be able to advise on the potential value of the claim and ensure that the victim receives fair compensation for their injuries.
Thirdly, a lawyer will be able to engage expert witnesses and gather evidence to support the victim’s case. They will also be able to negotiate effectively with insurance companies and other parties involved in the case, and ensure that the victim’s rights are protected throughout the process.
In short, hiring an experienced Alberta injury lawyer is essential for ensuring that victims of motor vehicle accidents receive the compensation they deserve, even in cases where contributory negligence is alleged. The lawyer will be able to navigate the complexities of the legal system, build a strong case, and negotiate effectively on behalf of the victim to ensure that they receive fair compensation for their injuries.
Merchant Law is an Alberta based Personal Injury Law Firm and has offices across Alberta in Fort McMurray, Leduc, Edmonton, Red Deer, Calgary, Airdrie, Cochrane, Medicine Hat, and Lethbridge. Call our nearest office location to meet with a lawyer about your injury case today.
