As a young Canadian, understanding your rights when it comes to vehicle accidents is important. We understand that dealing with accidents and receiving compensation can be scary. But if you know what to do and what your rights are, you can easily navigate through this situation with confidence.
In this guide, first of all, you will learn about vehicle accident law. After that, we will dive into understanding your rights as a victim of vehicle accident law. Then, we will discuss what to do if you are involved in a vehicle accident. So, let’s get started.
The law of vehicle accidents, also known as traffic or motor vehicle law, is a legal system that regulates the rights and duties of the drivers, passengers, and pedestrians who are in motor vehicle crashes. Such laws are meant to help maintain safety and give injured or damaged parties legal protection in case of an accident on the road.
What Rights Do You Have as a Victim of a Vehicle Accident?
It is unfortunate if you were caught in the unfortunate circumstances of a vehicle accident in Canada. But it’s crucial to recognize that you have certain legal rights. These are:
Right to Safety
As a motorist, not only in Canada but also many parts of the world, you have the right to safety when you are traveling on public roads or highways. This involves other car drivers, pedestrians, and cyclists who ought to abide by traffic rules and also use necessary care to avoid accidents. Drivers are to observe speed limits, stop at traffic signals, give way when necessary, and refrain from speeding and negligent driving that could lead to accidents involving other road users.
Right to Compensation
If you suffer a vehicle injury due to another party’s negligence or wrongdoing, your right to sue is guaranteed to you. You have the right to sue for your injuries and losses. Such compensation may be reconstructive surgery, permanent disability, lost income or ability to support the family, repair or replacement of property, pain and suffering, and other damages. Insurance systems are different from province to province in Canada, but some of the provisions, which include accident benefits and tort claims, allow victims of motor vehicle accidents to receive compensation.
If the amount you are entitled to be paid by the at-fault party’s insurer is insufficient to cover your damages or if there is a dispute as to who should be held accountable, you have the right to file a lawsuit to pursue full and fair compensation via the judicial system. Some parties may be negligent and it may be essential to have a lawsuit to make sure they are held responsible and get damages that are more than the insurance benefits. The vehicle accident lawyers will be of great help in case you need to pass through a labyrinth of legal process and they will speak for your rights in court.
Right to Privacy and Dignity
As a victim of a vehicle accident, you shall get the right to privacy and dignity in every step of the claims process and any legal proceedings. You ought to be dealt with respectfully and sympathetically by accountants and vehicle accident lawyers, doctors, and other involved parties in your case. Confidentiality must be upheld concerning your personal data and medical records, and only disclosing such information as is absolutely necessary for the purpose of resolving your claim.
What to Do If You are a Victim of a Vehicle Accident?
If you are involved in a vehicle accident, it’s important to take the following steps to protect your rights and ensure a proper resolution to the situation.
Stay Calm
Maintaining your calm is of great importance even in stressful scenarios such as a motor vehicle accident. In case you are calm, you can do critical thinking and rational judgment. Breathe in deeply, this may help to keep your cool. Panic and hysteria can aggravate the situation and obstruct your judgment, which can cause you to re-evaluate the extent of injuries or damages.
Exchange Information
To begin with, if all parties are accounted for and are safe, then the necessary information has to be exchanged between the parties to facilitate the purpose of the insurer and legal actions. Personal information such as name, address, phone number, driver’s license number, license plate number, and insurance policy details are usually provided. It is also recommended to obtain the contact details of any eyewitnesses who happened to be at the scene of the incident.
Document the Scene
The reconstruction of the accident scene results in your claim for insurance or lawsuit being supported by documented evidence. Take pictures of the vehicles concerned using your smartphone or camera. They include the position of the involved vehicles, the extent of damage they have sustained, skid marks, traffic signs or signals, and injured people around as well. In case you can’t take any more photos, try to put down details of the accident first thing after that while they’re still fresh.
Even if you do not feel unwell immediately after the accident, you should receive medical treatment and advice quickly. Other injuries like whiplash or internal injuries could have no symptoms immediately after the accident but may aggravate over time. The role of a medical professional is to assess your condition, make a record of your injured parts, and recommend suitable treatment (if any). Take copies of all your medical records and bills as related to the treatment.
Report the Accident
Get in touch with your insurance company immediately following the accident to report the accident and start the claims process. Be straightforward and give details that are true during your interactions with your insurance adjuster when you have experienced a motor vehicle accident. Failure to report the accident on time could endanger your rights to compensation for your recently experienced loss.
Consult with a Lawyer
When unsure of your rights or the insurance settlement is not adequate to “cover your loss,” you should consult with a personal injury lawyer or a vehicle accident lawyer. A lawyer reads your case, tells you the available legal options, and fights on your behalf to get fair compensation from the proper parties. They can do insurance negotiations as well and also represent you in case they need to go to court.
Notify Authorities
Caution should be taken to inform the proper authorities about the accident, particularly if there are injuries or damages to property. Call the police and let them know the accident has happened in order to document the event. Such recordings can also come to be the basis for insurance claims or cases at the court in the future. Along with that, substantively obey any commands of the responding officers and help them in their investigation of the accident.
Conclusion
The knowledge of your rights as a driver under the vehicle accident law is vitally important to protect yourself during or after an accident. With the know-how on what to do in addition to exercising your rights, you are fully assured of reasonable compensation for your injuries and damages. Just keep calm, do your shunting, get to see a doctor, and call a vehicle accident lawyer if necessary. By following the above steps, you can manage the legal process well and concentrate on your recovery.
