How is fault determined in a Halifax car accident?

How to prove who caused a car accident

Motor Vehicle Accidents in Nova Scotia happen every day and often when an accident occurs, drivers dispute what happened to cause the accident. If you have been in a car accident and have broken a bone, sustained a concussion, or have suffered soft tissue injuries, you deserve to be compensated for your pain and suffering and other losses if you are not at fault, or only partially at fault for the accident.

In tort claims under Canadian law, fault can be determined through evidence that demonstrates that the liable person is to blame. Evidence can be in many forms such as photographs, police reports, witness testimony, and expert reports.  By proving that the at fault party is responsible for your accident, you can receive compensation for the damages you have suffered.

Negligence in a car accident can take many forms, some examples of reckless driving include:

Speeding – Speeding is one of the leading causes of car accidents in Halifax. Driving over the speed limit can lead to accidents causing serious injuries. Ensure that you are always following the speed limit and are mindful of other drivers and pedestrians.

Distracted Driving – distracted driving is often associated with texting and driving and talking on the phone. It can also apply to reaching for things in the vehicle, changing the radio or giving your attention to something other than operating your motor vehicle.

Failure to use headlights at night – Those who fail to have their headlights on at nighttime endanger everyone around them. It is important to remember to always have them on, even if you are temporarily pulled over on the side of the road.

Driving while under the influence – The legal Blood Alcohol Level permitted in Nova Scotia while driving is low – 0.08 BAC. For new drivers, the tolerance for alcohol in one’s system is zero. The reason for this is when someone has alcohol in their system, their reaction times are delayed which can be detrimental if driving a vehicle. It is always best to play it safe and if you are enjoying a few alcoholic beverages ensure you have a designated driver to get home safe.

Running a red light – our Halifax car accident lawyers see many cases where a driver has ran a red light causing an accident. Never try to beat the light and ensure you are driving the speed limit when approaching an intersection if the light changes and you need to stop.

Determining Fault is important in a car accident case

Determining negligence is crucial to the success of your car accident case. The amount that a plaintiff can receive in a settlement through an insurance tort accident case is contingent on the determination of who is at fault. With the help of our Halifax car accident lawyers, we can assist you in receiving the settlement you deserve for your injuries.

Contact Our Accident Lawyer in Halifax Today for Help with Your Car Accident Claim

Most accident victims do not immediately know what their rights are or how to commence an injury claim. Hiring a lawyer in the early stages will assist you through the complex process and help you understand how the injury claims process works.

Having a car accident lawyer will help you determine how laws are interpreted including the Motor Vehicle Act, the Insurance Act and the Criminal Code of Canada.  A competent car accident lawyer in Halifax will investigate the accident, ensure you have all the important documentation, explain to you how the process will proceed from one stage to another, and ensure you get full compensation. Reach out to us now for help with your car accident claim.

Back to News & Insights