Car Accident Lawyer for Truro

Helping Victims Understand Their Rights Under Personal Injury Law

Truro, Nova Scotia sits at the intersection of Nova Scotia’s two busiest 100 series highways – Highway 102 and Highway 104. Truro vehicle traffic includes locals, commercial trucks, and travellers. Whether it’s due to drivers failing to adjust to quickly changing weather conditions or distracted driving, accidents are a common occurrence in Truro. Unfortunately, being injured in a car accident means navigating medical treatment and recovery and dealing with insurance companies.

At McKiggan Hebert Lawyers, we help car accident victims understand their rights and how to handle the days and weeks after a crash. We can help you deal with insurance issues and explain how the legal system works if you want to pursue a personal injury claim. Contact our firm at 902-706-2298 to schedule a case evaluation with one of our personal injury lawyers.

What Are Potential Contributing Factors in Car Accidents?

No two car accidents are exactly alike. So, it is important to understand the potential contributing factors if you plan on seeking compensation. Some of the common causes of motor vehicle accidents include:

Distracted driving, which can include using a cell phone while driving, operating the in-vehicle screens, or interacting with passengers.
Impaired driving, which includes alcohol and drugs, including some over-the-counter meds, and fatigued driving.
Speeding, whether that is driving above the posted speed limit or driving too fast for road conditions.
Aggressive driving, such as weaving in and out of lanes or tailgating.
Mechanical failures due to poor maintenance or service issues.

It is also common for more than one of these factors to contribute to a car accident. Shared fault is a common scenario, and our firm can help you navigate it.

What If the Weather or Road Conditions Played a Role?

Nova Scotia is known to have its fair share of bad weather. Winters in the area may be milder than in some other parts of Canada, but there is still potential for strong winds, significant snow accumulation, and ice. The spring months start to warm up, but the weather can be unpredictable, and it is not uncommon to find ice or slush on roadways. Fog is also a common occurrence in the area.

Road conditions can be impacted by the weather, as well as other seasonal concerns. Changing temperatures in early spring can result in large potholes, and road construction is a frequent issue in Truro and the surrounding roadways. Drivers owe a duty to other drivers, cyclists and pedestrians to be aware of weather, road and traffic conditions and drive accordingly.

What Compensation May Be Available After a Car Accident?

When you are injured in a car accident, you can face mounting unexpected financial losses, whether those are uncovered medical bills, expenses for travelling to medical appointments, or lost income earning capacity. Fortunately, there are several avenues available for victims to recover compensation for these losses.

Section B Benefits Through Your Insurance Company

All auto insurance policies in Nova Scotia are required to provide Section B benefits. These are no-fault benefits, which means that you file a claim with your own insurance company, and it does not matter who is at fault. These benefits can cover medical expenses up to $50,000 per person and replace a portion of your lost income.

Section B benefits are often the first type of compensation you receive after an accident. They can help you bridge the financial gap while you wait for settlement of a fault-based insurance claim or the resolution of a personal injury lawsuit. However, no-fault benefits do not cover all losses, including nonpecuniary losses like pain and suffering and loss of enjoyment of life.

Fault-Based Insurance Claim

A fault-based insurance claim is filed against the other driver’s insurance policy and is based on that driver being liable for the accident. These claims can provide a way to recover additional funds for monetary losses beyond what Section B benefits cover and nonpecuniary losses not covered by Section B at all, such as pain, emotional distress, and loss of quality of life.

When you file a fault-based claim with the other driver’s insurance, it’s important to remember that the insurance company’s job is to pay out as little as possible. Claims agents may try to downplay the value of your claim to minimize the payout or try to dispute who was at fault. Negotiating with insurance companies can be stressful, especially when you are trying to recover from your injuries. When you hire a car accident lawyer to represent you, they can handle this part of the process and help you maximize your compensation.

Personal Injury Lawsuit

If the insurance company will not agree on a fair settlement or you’ve suffered catastrophic injuries from an accident, a personal injury lawsuit can help you get any compensation you are legally entitled to. Your lawyer will file a Statement of Claim on your behalf and represent you during the litigation process. Personal injury lawsuits often involve extensive evidence and documentation, as well as opinions from medical professionals and other experts.

Keep in mind that even if you file a personal injury lawsuit, the vast majority of these claims are settled out of court. Our firm will work to help you resolve your case as quickly and as fairly as possible, whether that’s negotiating a settlement or taking the case to trial.

Can You Still Receive Compensation If You Were Partially at Fault?

Car accidents often involve more than one factor, and many people don’t seek compensation after a crash because they don’t think they can if they were partially at fault. The truth is that even when a victim shares responsibility for an accident, they can still recover fair compensation.

Nova Scotia is a contributory negligence province, which means that victims who share fault for an accident are not barred from seeking compensation. Instead, the amount of the award is reduced accordingly. If a victim was 10 percent at fault for an accident and wins their motor vehicle accident claim, the compensation would be reduced by 10 percent to account for the victim’s share.

This reduction in compensation is one reason insurance companies will do everything they can to try to increase your share of fault. For every percentage point they can increase your fault, it’s a percentage they don’t have to pay out. The insurance company may try to argue that you were speeding, were distracted just before the crash, or that your injuries already existed before the accident. Working with the lawyers at our firm means you have someone on your side who can fight back against these tactics.

What Steps Should You Take After Being Injured in a Car Accident?

Personal injury cases rely on strong evidence that supports both the defendant’s negligence and how your injuries have impacted your life, and one of the most important things you can do for your claim is to document everything. This includes information about the accident, such as pictures of the crash and everything you can remember leading up to it. It also means keeping track of your medical treatments, pain levels, and any ways you are limited in your daily life. Don’t forget to write down how these things are impacting your emotional and psychological state as well, because these can factor into your compensation.

Avoid talking about the accident, particularly who may have been at fault, with anyone unless your lawyer says it’s okay. This includes social media. Insurance companies will use anything they can to show that your injuries aren’t as bad as you say, and this includes seemingly innocent pictures of you enjoying time with friends and family.

Perhaps most importantly, injury victims should contact a law firm as soon as possible after the accident. Limitation periods apply. Getting a lawyer involved early in the case can help you avoid common mistakes that could impact your ability to file a claim or how much it’s worth. A lawyer can also walk you through all of your options for compensation, including how to file for Section B benefits under your auto insurance policy.

Recovering from a car accident takes time, and having someone on your side who can represent you when dealing with the insurance company or the legal system can give you more space to heal. Contact McKiggan Hebert Lawyers at 902-706-2298 to learn how the team at our personal injury law firm can help. We serve those in Truro and other areas of Nova Scotia.