How is fault determined in an MVA?

A: In Alberta, Canada, determining fault in a motor vehicle accident (MVA) is a crucial aspect of the personal injury claims process. Establishing fault determines which party is responsible for the accident and who should be held liable for any damages incurred. Determining fault in an MVA typically involves a thorough investigation and analysis of the events leading up to the accident, as well as the actions of all parties involved.

Several steps and factors are involved in determining fault in an MVA:

  1. Police reports: When an MVA occurs, it's essential to call the police, who will come to the scene, investigate, and file a report. The police report often provides valuable information, including details about the accident, statements from witnesses and parties involved, and any citations or violations of traffic laws. The report can help establish whether any party was in violation of the law, contributing to fault.

  2. Traffic laws and regulations: The Alberta Traffic Safety Act and other relevant regulations serve as a basis for determining fault in MVAs. By examining the actions of all involved parties and comparing them to the established rules of the road, it's possible to identify any violations or negligence that may have contributed to the accident.

  3. Evidence collection: Gathering evidence is crucial to establish fault in an MVA. This may include photos or videos of the accident scene, vehicle damage, road conditions, and any relevant traffic control devices. Additionally, statements from witnesses, expert opinions from accident reconstruction specialists, and any available surveillance footage can also help determine the sequence of events leading to the accident and identify the responsible party.

  4. Insurance adjusters: Insurance companies play a significant role in determining fault in MVAs. Adjusters from both parties' insurance companies will investigate the accident, review the evidence, and determine fault based on their findings. The adjusters may use a fault determination process, which considers the specific circumstances of the accident and assigns a percentage of fault to each party involved.

  5. Contributory negligence: In Alberta, the principle of contributory negligence applies, meaning that multiple parties can share fault in an MVA. Each party's percentage of fault will be determined, which will affect the amount of compensation they can receive or be held liable for.

  6. Legal representation: Hiring an experienced personal injury lawyer, such as those at Kantor LLP Personal Injury Lawyers, can be critical in determining fault in an MVA. A skilled lawyer will thoroughly investigate the accident, gather relevant evidence, and advocate on your behalf to ensure that fault is accurately determined and that you receive fair compensation for your injuries and losses.

It's important to remember that determining fault in an MVA can be a complex and challenging process, as various factors and circumstances can influence the outcome. Consulting with a knowledgeable personal injury lawyer is crucial to navigate the legal process and ensure that your rights are protected.

If you've been in an MVA, contact Kantor LLP, MVA Injury Lawyers, for a free consultation.
Filed Under
Fault and Liability