Car Accident Legal Analysis
A variety of elements impact the legal implications of a car accident, including provincial legislation, caselaw, and legal tests. If you’re injured in a car accident, it is valuable to familiarize yourself with the factors that will impact your compensation.
Speak to a Car Accident Injury Lawyer.
Case Law & Legislation
A number of factors may determine what compensation an injured person is entitled to. Below is a summary of some of the relevant case law and legislation that determines what a person injured in a car accident may be entitled to.
Two plaintiffs, both aged 22, suffered catastrophic injuries as a result of a motor vehicle accident. Neither plaintiff was wearing his seat belt, and both were thrown from the vehicle. Plaintiff #2 was left a paraplegic and had no feeling below the T5-T6 level of his spine. He underwent surgery to repair his spinal fractures. Rods were inserted to brace his spine. He had a loss of bladder and bowel control. He worked extensively on a tremendously aggressive rehabilitation program. His limitations would put heavy demands on any prospective employer to adjust workplace environments to accommodate him. He suffered spasticity as a regular complication of his attempts to move. He was at risk of long-term kidney damage and deep vein thrombosis, as well as osteoporosis. The Court awarded plaintiff general damages in the amount of $310,000.
The 50-year-old plaintiff was involved in a series of collisions with both guardrails and another vehicle after being cut off and taking evasive action to avoid a collision. He suffered a moderate to severe traumatic brain injury, including a diffuse axonal injury (DAI), a cerebral hematoma, head laceration, depression, anxiety, PTSD, and soft tissue injuries to his neck, shoulder, and lower back. As a result of these injuries, the plaintiff dealt with chronic pain, dizziness, poor vision, balance and coordination issues, slowed gait, and many other psychological and cognitive difficulties, which left him markedly impaired in every facet. His injuries were deemed permanent and unlikely to improve. He received $290,000 in general damages.
The 30-year-old plaintiff suffered injuries when the vehicle in which she was a passenger was struck from behind. She suffered soft tissue injuries to her neck with WAD-like symptoms and experienced cervicogenic headaches. She was unable to return to work successfully. Four years after the collision, she began undergoing cortisone facet joint injections to address her complaints of ongoing pain. At the time of trial, nine years after the collision, her symptoms continued. She had been diagnosed as suffering from chronic pain syndrome, with symptoms that would be permanent. She was awarded $75,000 in general damages.
Negligence and Proving Who Is at Fault
In Nova Scotia, you determine fault by showing that another driver was in contravention of motor vehicle laws, or in other words, was negligent. To prove negligence, four things must be proven:
A Duty of Care is Owed
A duty of care is a legal obligation to act reasonably and avoid harming others through your acts or omissions. A duty of care is owed between all motorists on the road. There is an expectation that all drivers will be held to the same standard in keeping themselves and others safe on the roads.
A Breach of Standard of Care Occurred
The standard of care can be determined by looking at traffic rules, as well as what might be expected by a reasonable person. The standard is breached when someone fails to comply with the traffic rules or does not take “reasonable care.” An example of failing to meet the standard of care is driving through a stop sign without stopping first.
Causation
Causation requires that the actions (or inactions) of the at-fault party lead to the injuries suffered by the other party.
Damages
Damages, or losses, financial or otherwise, must have resulted. Without damages, there is no personal injury claim. Damages may include loss of income, medical care costs, and general pain and suffering.
Contributory Negligence
Sometimes, fault cannot be placed solely on one party involved in a car accident. In certain circumstances, the injured party can be found partially at fault for their own injuries. Where the injured party has done or failed to do something that contributed to their injuries, they will be considered contributorily negligent and, therefore, partially at fault. One common factor leading to a finding of contributory negligence is failure to wear a seatbelt.
Experienced car accident lawyers will work to minimize the impact contributory negligence has on your insurance claim. Book a free consultation to learn more.
Provincial Minor Injury Cap
A minor injury cap is a limit on the amount of general damages a person can claim for pain and suffering and loss of enjoyable activities on comparatively minor injuries. It typically applies to whiplash, whiplash-associated disorder (typically WAD 2) and other soft tissue injuries that do not substantially interfere with work or activities of daily living (injuries considered not permanent and serious.)
All the symptoms described above are examples of whiplash-associated disorder, often called “WAD”. The Quebec Task Force, which was developed in 1995 to classify and manage whiplash, WAD symptoms are classified into four levels.
In Nova Scotia, the minor injury cap is $10,402 (2024).
Nova Scotia Motor Vehicle Act
Each province has its own Motor Vehicle Act or Highway Traffic Act that determines the rules all motorists must adhere to. If a person is driving in a way that contravenes motor vehicle laws and that caused an accident in which you were injured, you may be entitled to compensation.
Provincial Insurance Act
Under each province’s Insurance Act, there are four sections of auto insurance that may apply to car accident victims. Each province has its own Insurance Act.
Section A of the Act applies when you are injured by a negligent driver. Section A insurance claims are made against the at-fault driver’s insurer to recover financial compensation for a victim’s injuries.
Section B covers mandatory accident benefits provided under your own insurance policy or that of the driver whose vehicle you were in as a passenger during the accident. These “no-fault” benefits are available regardless of who is at fault for the accident. Section B covers some medical and rehabilitation expenses, an amount designated for your lost wages, housekeeping benefits, and funeral and death expenses.
Section C covers the cost of damage to your vehicle caused by the accident. This coverage is often included in the standard automobile policy but is not mandatory in Nova Scotia. You should check with your individual insurance provider to see if Section C coverage is available to you.
Section D applies when you are injured by an uninsured driver or an unidentified driver, such as in a hit-and-run accident.
Provincial Limitations Act
The limitations act in each province determines how long you have to file a claim for injuries suffered in a car accident. As a general rule, you have a two-year deadline in Nova Scotia to file your claim.
If you are unsure if you are within the limitation period in your circumstance, book a free consultation with MacGillivray Law to discuss your case.
