One of the most common accidents in Canada is car accidents, which is why Windsor personal injury lawyers meet thousands of people with car-related injuries every year. This article will look at various factors that have altered the compensation received by victims of a traffic accident and will serve as a guide for readers who have similar problems.
THINGS THAT COULD DECREASE COMPENSATION FOR PERSONAL INJURIES IN A TRAFFIC ACCIDENT
Several rules guarantee the road safety and integrity of all people on a road. When someone is involved in a traffic accident while breaking the basic rules of the road, they are exposed to the possibility of receiving less compensation.
Factors that would make the affected party partially guilty:
● Not wearing a seat belt.
● Driving after consuming small amounts of alcohol.
● Nothaving car insurance.
● Driving while physically or mentally impaired.
● Behaving recklessly or being inattentive to their surroundings (also applies to pedestrians).
These factors increase a victim’s liability in the accident that caused their injuries. The greater the liability for the accident, the less compensation the victim will receive.
“IF I WAS INJURED WHILE I WAS DRIVING A VEHICLE WITHOUT A LICENSE, WILL I NOT RECEIVE COMPENSATION?”
Not necessarily. Although it will not help a victim’s case, it is not the most important aspect in a personal injury case. What could severely affect a victim’s likelihood of obtaining compensation is driving a car that does not have insurance.
Now, what if the victim suffered their injuries while driving a ticketed vehicle? Or, does it matter that the driver has been penalized in the past?
It would not be sensible to be dogmatic on this issue, though it could be said that if a person suffered injuries due to the fault of others, the damage of their injuries cannot be reduced by factors external to such actions.
FACTORS THAT COLLABORATE TO RECEIVE A SUSTANCIAL COMPENSATION FOR INJURIES CAUSED IN A TRAFFIC ACCIDENT
Some factors increase compensation for all personal injury accidents, such as:
● Complete liability on the side of the offender.
● Serious or life-threatening injuries.
● Harmful intent on the part of the aggressor.
However, in the case of a traffic accident, there are other factors that are a bit more nuanced.
If someone suffers a traffic accident while on their job, they can sue the person who caused the crash and the company they work for. The possibility of different defendants is a factor that indirectly increases the potential compensation in a traffic accident.
It is easier for the victim to determine which of the two possible culprits, the offending driver or the victim’s employer, has greater liability. In most cases, the liable driver will be at fault, while in others the employer of the victim will have to answer for not keeping the company vehicles in good condition.
After an analysis, the victim may choose to sue the possible culprit who has the greatest responsibility for the accident, with the goal of obtaining the fairest compensation for the injuries caused.
HIRING A PERSONAL INJURY LAWYER INCREASES THE LIKELIHOOD OF RECEIVING COMPENSATION
Victims should not forget that there are no limits to compensation. The law does not establish the maximum amount of money that someone can receive. But in order to obtain the fairest compensation, the victim needs to search among Windsor personal injury lawyers to find the right one for their case.