If you are hit by a distracted driver in Edmonton, the first steps are to ensure your safety, document the scene, and contact a car accident lawyer to protect your legal rights.
Navigating a distracted driving car accident lawsuit in Edmonton involves proving the other driver’s negligence, a task that becomes significantly more manageable with the assistance of legal guidance.
Schedule a free case evaluation with MNH Injury Lawyers to explore how the following legal insights could affect your compensation.
Key Takeaways About Distracted Driving Accidents in Edmonton
- Distracted Driving is Illegal and Negligent in Edmonton: Under Edmonton’s traffic laws, distracted driving is considered a violation of a driver’s duty of care. A distracted driving ticket issued in Edmonton can serve as strong evidence of negligence if you pursue a personal injury claim.
- Proving Distraction is Crucial To Recovering a Fair Personal Injury Settlement: Successfully proving the other driver was distracted is key to your claim. A lawyer can help obtain evidence, such as police reports, witness statements, and even mobile phone records, to build a compelling case.
- Section B Benefits Are Available: Regardless of fault, you may be eligible for no-fault accident benefits (Section B) through your own or the other driver’s insurance policy. These benefits can provide initial coverage for medical treatments and a portion of lost income.
- Compensation Goes Beyond Medical Bills: A personal injury lawsuit can pursue damages for losses not covered by Section B, including long-term lost income, pain and suffering, and future care costs, which are often the most significant financial impacts of a serious collision.
- Legal Support is Key to a Fair Outcome: Insurance companies often try to minimize payouts. MNH Injury Lawyers manage the entire claims process, from gathering evidence to negotiating with insurers, ensuring you are in the strongest position to receive fair compensation.
What are the Distracted Driving Laws in Edmonton, Alberta?
The Traffic Safety Act provides a clear definition of what constitutes distracted driving and outlines the penalties for those who break the rules. Understanding this legal framework is the first step in holding a negligent driver accountable.
What Does the Law Consider Distracted Driving?
Many people think distracted driving just means texting while operating a car or commercial truck. The law is actually much broader. Edmonton enforces Alberta’s legislation, which prohibits drivers from engaging in a range of activities while behind the wheel, including:
- Using a handheld cell phone (talking, texting, or emailing).
- Operating electronic devices like laptops, video game consoles, or cameras.
- Entering information into a GPS device.
- Reading printed materials.
- Writing, printing, or sketching.
- Personal grooming.
- Engaging with an animal in the front seat that may be able to affect the operation of the vehicle.
If a driver was engaged in any of these prohibited activities and caused an accident, they may have committed a legal offense. This violation can serve as powerful evidence of negligence in a personal injury claim.
Penalties and Legal Implications
Distracted driving in Edmonton carries significant penalties under the Traffic Safety Act. A police officer can issue a ticket for distracted driving, which includes:
- A fine of up to $300.
- Three demerit points added to the driver’s record.
While these penalties are separate from any civil claims, a conviction for distracted driving may strengthen your case. An Edmonton car accident lawyer may be able to use a distracted driving charge to negotiate a stronger position with the insurer.
Where Do Distracted Driving Accidents Occur in Edmonton?
Certain areas in Edmonton are particularly vulnerable due to unique challenges and high activity levels. Key locations where these accidents frequently occur include:
- Whyte Avenue: With its mix of bars, restaurants, and pedestrian crossings, this area demands constant driver attention. Distracted driving here often leads to collisions involving pedestrians or parked vehicles.
- Jasper Avenue: As Edmonton’s downtown core, Jasper Avenue sees heavy traffic, frequent stops, and jaywalking pedestrians, making it a hotspot for accidents caused by inattentive drivers.
- Gateway Boulevard: This major route connects commuters to key parts of the city, but its high speeds and merging lanes leave little room for error when drivers are distracted.
- Yellowhead Trail and 97 Street: A busy intersection where high traffic volume and complex navigation make distractions especially dangerous, often resulting in rear-end collisions or side-impact crashes.
- School zones and residential neighborhoods: These areas are filled with children, cyclists, and families. Distracted driving here can have devastating consequences, especially during school hours or in playground zones.
While these locations are common hotspots, distracted driving can lead to accidents anywhere in Edmonton. Speak with an Edmonton personal injury lawyer as soon as possible to explore your legal rights after being injured in these or any other locations around the city.
What Steps Can a Lawyer Help With After Being Hit by a Distracted Driver in Edmonton?
The moments after a car accident are often chaotic and overwhelming. First responders may focus on immediate safety, but critical details can be missed or overlooked. A legal professional can help take care of these essential steps, ensuring your case is as strong as possible.
Here’s how a lawyer can assist:
- Assistance gathering evidence: Lawyers can help obtain police reports, traffic camera footage, and other evidence that may not be immediately available to you.
- Interviewing witnesses: Legal professionals can follow up with witnesses to collect detailed statements that support your claim.
- Analyzing distracted driving behavior: A lawyer can investigate whether the at-fault driver was using their phone or engaging in other prohibited activities at the time of the accident.
- Handling insurance companies: Your lawyer can communicate with the at-fault driver’s insurer to ensure your rights are protected and negotiate a fair settlement.
- Filing legal documents: From initiating your claim to meeting court deadlines, a lawyer ensures all paperwork is completed accurately and on time.
While legal help is paramount to supporting a car accident injury lawsuit in Edmonton, there are also steps you can take to protect your case, including:
- Be cautious on social media: Avoid posting about the accident or your injuries, as insurance companies may use this against you.
- Forward communications to your lawyer: Let your lawyer handle all correspondence with the at-fault driver’s insurer or legal team.
- Keep a pain journal: Document your recovery process, including pain levels, medical appointments, and how the accident has impacted your daily life.
- Save all receipts: Keep records of medical bills, repair costs, and any other expenses related to the accident.
Taking these steps can strengthen your case and help your lawyer build a compelling personal injury claim. By working together, you can focus on your recovery while your legal team handles the complexities of your case.
What Compensation Is Available in a Distracted Driving Accident Claim?
In Alberta, the healthcare system and Section B insurance often cover medical costs related to car accidents.
However, when severe injuries result in financial burdens that exceed the benefits provided, the financial burden can be overwhelming.
This is where a personal injury lawsuit can make a difference, allowing you to pursue compensation for:
- Lost income: Reimbursement for wages lost due to time off work, as well as future earning potential if your injuries prevent you from returning to your job.
- Pain and suffering: Compensation for the physical pain and emotional distress caused by the accident.
- Rehabilitation costs: Coverage for ongoing therapy, specialized treatments, or assistive devices that may not be fully covered by insurance.
- Out-of-pocket expenses: Reimbursement for costs like transportation to medical appointments, home modifications, or childcare during recovery.
- Loss of enjoyment of life: Damages for the impact the accident has had on your ability to enjoy daily activities or hobbies.
In the case of distracted driving accidents, the threshold for qualifying for additional compensation can be high. So high, in fact, that it may be challenging to demonstrate without effective legal support.
Clarify your eligibility during a free case evaluation with MNH Injury Lawyers to pursue the compensation you may be entitled to under the law.
Distracted Driving Accidents With Pedestrian Injuries: What Does Edmonton Law Say?
Pedestrians in Edmonton are protected by strict right-of-way laws designed to ensure their safety and well-being. When a driver is distracted and fails to yield, the consequences can be devastating. Understanding how these laws apply is crucial for building a strong personal injury claim.
Under Edmonton law, drivers must:
- Yield to pedestrians at crosswalks: Drivers are required to stop and allow pedestrians to cross safely at marked and unmarked crosswalks.
- Exercise caution in school zones: Reduced speed limits and heightened awareness are mandatory in school zones to protect children and families.
- Avoid distracted driving: Engaging in activities like texting or using a handheld device while driving is illegal and can significantly impact a driver’s ability to notice pedestrians.
- Be vigilant in residential areas: Drivers must watch for pedestrians crossing streets or emerging from between parked cars.
When a distracted driver violates these laws and causes an accident, it may strengthen the injured pedestrian’s claim. Evidence of distracted driving, such as phone records or witness statements, can demonstrate negligence and hold the driver accountable.
Edmonton Distracted Driving Accident Injury Lawsuit FAQs
What if the distracted driver was in a company vehicle?
If the distracted driver was working at the time of the accident, their employer may also be held liable. This is known as vicarious liability. Pursuing a claim against a company can be more complex, as it may involve corporate insurance policies and additional layers of legal defense. A lawyer can determine if employer liability applies and how to proceed.
What compensation can I recover if a distracted driver caused a fatal accident that killed my loved one?
In cases of wrongful death caused by a distracted driver, compensation may include funeral expenses, loss of financial support, and damages for grief and loss of companionship. A lawyer can help you navigate the process and pursue the compensation your family deserves.
When should I contact a lawyer after a distracted driving accident?
It’s best to contact a lawyer as soon as possible after the accident. Early legal advice can protect and preserve critical evidence, help meet filing deadlines, and counter unfair blame or fault assignments. A lawyer can also handle communications with insurance companies, allowing you to focus on recovery.
What injuries may qualify me to file a personal injury lawsuit in Edmonton, Alberta?
Injuries that significantly impact your life, such as traumatic brain injuries, spinal cord damage, fractures, or chronic pain, may qualify you to file a personal injury lawsuit. The severity of your injuries and their long-term effects on your ability to work and enjoy life are key factors in determining eligibility.
How do I get a police report after a distracted driving crash in Edmonton?
You can request a copy of the police report from the Edmonton Police Service or the RCMP, depending on where the accident occurred. If you are too injured to complete this step, a lawyer can assist you in obtaining and interpreting the report.
Contact MNH Injury Lawyers for Comprehensive Legal Support After Being Hit By A Distracted Driver in Edmonton, Alberta
Being hit by a distracted driver can turn your life upside down in an instant. While you focus on recovering from your injuries, you shouldn’t also have to battle an insurance company for fair compensation. Holding a negligent driver accountable requires a strong legal strategy and a dedicated advocate.
The team at MNH Injury Lawyers is ready to help you navigate the complexities of your distracted driving accident claim. We have the experience and dedication to build a compelling case and fight for the financial support you need to move forward.
Call our distracted driving accident lawyers at (888) 664-5298 or message our Edmonton personal injury law firm online for a free consultation. We are ready to help you understand your legal rights and take the next step toward justice and recovery.
