You actually have a stronger legal position than in most other types of accidents.
When a driver violates Alberta’s Traffic Safety Act by texting, talking, or programming a GPS, they’ve committed what lawyers call “negligence per se.” This legal concept flips the burden of proof. Instead of you having to prove they were careless, they must prove their distraction didn’t cause the crash. It’s the difference between climbing uphill and having gravity work for you.
Alberta’s system gives you two simultaneous paths to recovery. Your own insurance immediately provides Section B benefits—80% income replacement up to $600 weekly, plus $50,000 in medical coverage for two years. Meanwhile, you are also able to build a tort claim against the distracted driver for full compensation including pain and suffering.
If a distracted driver has injured you, an experienced Alberta car accident lawyer at MNH Injury Lawyers can help. Call us at (888) 664-5298 for a clear path forward.
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What Are My First Steps After a Distracted Driving Accident (From Home)?
Focus on Your Health
Your first and most important priority is your well-being. You should see a doctor or visit a clinic as soon as possible after the collision, even if you believe your injuries are minor. Some serious conditions may not present symptoms immediately.
For example, what feels like simple soreness could be a soft tissue injury to muscles, tendons, or ligaments that requires treatment to heal properly. Symptoms of a concussion, a type of traumatic brain injury, can also be delayed, including headaches, confusion, and dizziness. Getting a medical assessment creates an official record of your injuries, which is a foundational piece of any subsequent claim.
Document Everything
This documentation is not just for your own records; it is powerful evidence to support your claim.
- Keep a Journal: Start a simple daily log. Record your pain levels, the location of the pain, and any new symptoms that appear. Note how your injuries interfere with your daily life—from your ability to work and sleep to simple tasks like getting dressed or preparing a meal.
- Track Your Expenses: Keep every single receipt related to the accident. This includes prescriptions, physiotherapy co-pays, mileage for driving to medical appointments, parking fees, and any other out-of-pocket costs. In a personal injury claim, these expenses are known as “special damages,” and meticulous records are required for reimbursement.
- Preserve Evidence of the Crash: You should safely store any photos or videos you took at the scene. Make sure you have the other driver’s name, contact information, and insurance details, as well as the police file number if officers attended the scene. If you spoke to any witnesses and got their contact information, keep it in a secure place.
Notify Your Insurance Company
You must report the accident to your own insurance company. This is not to claim that you were at fault; it is the necessary first step to initiate your claim for Section B Accident Benefits, which are available to you regardless of who caused the crash.
What Are My Immediate Financial Protections? Understanding Section B Benefits
Think of Section B as your first line of defence. It is a mandatory, no-fault component of every standard automobile insurance policy in Alberta, designed to provide immediate support for your recovery. Because these benefits are “no-fault,” you are entitled to them through your own insurer, regardless of whether the other driver was distracted or you were partially responsible for the collision.
What Does It Cover?
Section B benefits provide a safety net for two primary areas of concern after an accident: medical care and income loss.
- Medical and Rehabilitation Costs: Section B provides up to $50,000 for necessary medical treatments that are not fully covered by the provincial health plan. This coverage extends for up to two years from the date of the accident. It can be used for services like physiotherapy, chiropractic care, massage therapy, dental work, prescriptions, and ambulance services.
- Disability Benefits (Income Replacement): If your injuries prevent you from performing the duties of your job, you may be entitled to disability benefits to help manage your finances while you recover.
- How it works: You can receive 80% of your gross weekly earnings, up to a maximum of $600 per week. These benefits are available for up to 104 weeks (two years).
- In simple terms: This benefit provides a steady stream of income to help cover your essential bills and reduce financial stress during your recovery.
- Important Note: There is a mandatory 7-day waiting period. You are not paid for the first week you are disabled from work. This is a key detail that many are unaware of.
Accessing these benefits requires submitting specific forms to your insurer, and we can ensure this is done correctly and promptly so that your focus remains on your health.
How Does the Other Driver’s Distraction Affect My Claim?
When the driver who hit you was distracted, it fundamentally strengthens your case against them. Alberta’s Traffic Safety Act explicitly prohibits drivers from using hand-held cell phones, texting, programming a GPS, or engaging in other specified activities that take their focus away from the road. A violation of this law is not just a traffic offence; it is a key piece of evidence in your personal injury claim.
The Advantage of “Negligence Per Se”
In many accident claims, the injured person has the burden of proving that the other driver was careless, or “negligent.” This can sometimes be a complex task.
However, when a driver breaks a safety law designed to prevent the very type of harm that occurred, their negligence is presumed. In legal terms, this concept shifts the burden of proof. Instead of you having to prove the other driver was negligent, the distracted driver is required to prove their distraction did not cause the collision.
Proving Their Distraction
Our firm will conduct a thorough investigation to gather all available proof. This involves several key steps:
- Police Reports: If a police officer attended the scene, their report may contain notes about suspected distracted driving or even indicate that a ticket was issued.
- Witness Statements: Independent witnesses who saw the other driver looking at their phone or otherwise not paying attention can provide powerful testimony.
- The Discovery Process: During the legal process of a tort claim, we can formally request evidence from the other side. This includes demanding access to the other driver’s mobile phone records for the time surrounding the collision. These records might show whether calls or texts were being sent or received at the moment of impact.
What Compensation Can I Pursue?
A separate legal action against the at-fault distracted driver, known as a tort claim, is required to pursue full and fair compensation.
Pain and Suffering (Non-Pecuniary Damages)
This is arguably the most personal aspect of a claim. It is compensation for the physical pain, emotional distress, and the loss of enjoyment of life that you have endured due to your injuries. The value of these damages is directly related to the severity of the injury and its impact on your life. This is particularly significant for life-altering injuries such as:
- Brain Injuries: A TBI can affect everything from cognition and memory to personality and emotional regulation, creating lifelong challenges for the victim and their family.
- Spinal Cord Injuries: These catastrophic injuries can lead to partial or complete paralysis, requiring a lifetime of medical care, home modifications, and assistive devices.
- Soft Tissue Injuries: While sometimes dismissed as minor, chronic pain from whiplash-associated disorders (WAD), sprains, or strains can significantly diminish a person’s quality of life, preventing them from working or enjoying their hobbies.
Loss of Income and Earning Capacity
The disability benefits from Section B are capped and temporary. A tort claim allows us to pursue compensation for the full extent of your income-related losses.
- Past Lost Income: We will seek to recover the difference between what Section B paid and what you actually lost in income from the date of the accident to the date of settlement or trial.
- Future Loss of Income: If your injuries have permanently affected your ability to work, return to your previous job, or advance in your career, we seek compensation for this future loss. This may require input from economic and vocational experts to project the long-term financial impact.
Damaged Property
This is the most straightforward component of a claim. You are entitled to compensation for the cost to repair or replace your vehicle and any other personal property that was damaged in the crash, such as a laptop, mobile phone, or child car seats.
The Minor Injury Regulation (MIR)
In an effort to manage insurance costs in the province, the Alberta government created the Minor Injury Regulation (MIR). This regulation is one of the most significant and often contentious elements of personal injury law in Alberta.
What It Is
The MIR places a limit, or a “cap,” on the amount of compensation you can receive for pain and suffering (non-pecuniary damages) for injuries that are classified as “minor.” A minor injury is legally defined as a sprain, strain, or a certain type of whiplash-associated disorder (WAD) that does not result in a serious impairment.
Why This Is a Problem
On the surface, the regulation seems simple. In practice, it creates a major hurdle for many accident victims. Insurance companies have a financial incentive to classify as many injuries as possible as “minor” to limit their payout. They may attempt to apply the cap even when an injury has a serious and lasting impact on a person’s life.
The Key Question: Is Your Injury Truly “Minor”?
This is where legal representation is so important. An injury that prevents you from performing your job duties, forces you to give up activities you love, or results in chronic pain that disrupts your daily life may not be “minor” at all, even if it is technically a soft tissue injury.
Whether an injury is subject to the MIR cap is a complex legal and medical question. It depends on detailed medical evidence and a thorough understanding of how the courts have interpreted the regulation. It is not a decision that should be left to an insurance adjuster. The cap amount is adjusted annually for inflation, and a lawyer can advise you on the current figure. Your lawyer will ensure your injury is not unfairly downplayed.
FAQ for Distracted Driving Accidents in Alberta
Yes. Alberta uses a comparative fault system. This means your total compensation award will be reduced by whatever percentage of fault is assigned to you. For example, if you were found to be 10% at fault, your final compensation would be reduced by 10%. As long as you are not found to be more than 50% at fault, you can still recover damages.
In many cases, the driver’s employer can also be held liable for the accident, particularly if the employee was acting within the scope of their employment. We would investigate the company’s vehicle use policies, safety records, and the driver’s history to determine if employer liability applies to your case.
Legally, any activity that takes a driver’s attention away from the safe operation of their vehicle is considered a distraction. While using a hand-held phone is the most commonly recognized offence, the law also covers activities like personal grooming, reading, or being distracted by a pet in the vehicle if it impairs their ability to drive safely.
Yes. Section B benefits are helpful, but they do not cover all your potential losses. They do not provide any compensation for pain and suffering, and the income replacement is capped. You need a lawyer to fairly pursue the separate tort claim against the at-fault driver.
Secure Your Rights with MNH Injury Lawyers
You are a person whose life has been unfairly disrupted. The legal system in Alberta provides a path to hold that driver accountable and to secure the financial resources you need to rebuild. However, it is not a path you should walk alone.
If a distracted driver has harmed you or a loved one, an experienced Alberta personal injury lawyer can handle the complexities of your claim and advocate for the compensation you deserve. Call MNH Injury Lawyers today at (888) 664-5298 to ensure your rights are protected.
