About Motorcycle Accident Law in Calgary, Canada
In Calgary, Canada, the law related to motorcycle accidents is primarily governed by the Traffic Safety Act of Alberta. This law primarily concerns itself with establishing the fundamental rights and obligations of motorists. If you're involved in a motorcycle accident in Calgary, it's important to understand that the procedure and types of compensation available will heavily depend on the circumstances. Claims may range from property damages to personal injury and wrongful death lawsuits.
Why You May Need a Lawyer
In the aftermath of a motorcycle accident, it's common to face many challenges that may necessitate legal help. These may involve determining who's at fault, negotiating with stubborn insurance companies, and commissioning accident reconstruction experts. Given the intricate nature of personal injury law, working with a seasoned motorcycle accident lawyer can be invaluable. Some common situations where you may need a lawyer include when dealing with severe injuries, when insurance compensation doesn't cover your losses, when facing extensive medical treatment, or when wrongful death has occurred.
Local Laws Overview
Several key local laws are relevant to motorcycle accidents in Calgary, Canada. The Traffic Safety Act requires all motorists, including motorcyclists, to have valid insurance coverage. If found to be driving without insurance, the consequences can be severe. In the event of an accident, the ‘at-fault’ principle applies which means the party responsible for causing the accident will be liable to cover the losses. Additionally, under the Limitations Act, there's a threshold of two years to file a claim starting from the day you became aware of your injury.
Frequently Asked Questions
What should I do immediately after a motorcycle accident in Calgary?
Firstly, ensure that everyone involved is safe and call for medical help if necessary. It's recommended to inform the police and gather as much information as possible from other parties involved and witnesses. Seek immediate medical attention even if you feel fine as some injuries are not apparent immediately. Inform your insurance provider about the accident.
What type of compensation can I claim?
Depending on your case, you may be able to claim for property damage, current and future medical expenses, lost wages, loss of earning capacity, and damages for pain & suffering. Each case is unique so it’s recommended to consult a legal professional.
How can I prove the other party was at fault?
Proving liability often requires comprehensive evidence. This could include pictures from the scene, eyewitness testimonies, police reports, and even expert analysis from accident reconstruction specialists.
What if I wasn’t wearing a helmet during the accident?
While it's against the law to ride a motorcycle without a helmet in Calgary, it doesn’t automatically affect your ability to claim compensation. However, it may impact the amount of compensation you receive if not wearing a helmet contributed to your injuries.
Can I still claim compensation if the accident was partly my fault?
Yes, you can. Alberta law follows a system of contributory negligence which means that damages are apportioned based on the level of fault of each party involved.
Additional Resources
A few helpful resources include the Alberta Motor Association, the Calgary Police Service, and Alberta Health Services. They offer valuable advice and support related to road safety, accident reporting, and medical assistance/counseling respectively.
Next Steps
If you need legal assistance, start by documenting all the relevant details about your accident. This could include pictures, reports, medical records, and receipts of related expenses. Next, conduct research or seek recommendations for a reliable and experienced motorcycle accident lawyer in Calgary. Ensure to schedule a consultation where you can discuss the specifics of your case and understand how they can help before committing to their services.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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