Do Traffic Offences Matter in Personal Injury Cases?

There are many factors beyond your control that can lead to a car accident in Nova Scotia. The best way to try to prevent a car accident from happening at all is making sure you drive cautiously and follow the rules of the road at all times. However, even if you drive with all the proper cautions, sometimes other drivers fail to observe the proper traffic rules and in spite of your best efforts, accidents can still happen.

If you are injured in a car accident in Nova Scotia and you’re thinking about making a claim for injuries, one of the most important questions to ask is who is at fault for the accident. Sometimes determining who is at fault can be relatively straightforward, but other times it can be a very complex legal question.

In certain situations, drivers may be ticketed or charged with various offences if and when police attend the scene of the accident. These charges can range from Criminal Code offences such as impaired driving, to provincial offences under Nova Scotia’s Motor Vehicle Act such as speeding, distracted driving (such as texting while driving), failure to yield, and so on.

These charges and tickets can carry hefty penalties. Even speeding tickets under Nova Scotia’s Motor Vehicle Act can carry license suspensions. This is all the more reason to make sure you’re driving cautiously and within the rules of the road.

In the circumstances of a car accident, tickets and charges can also indicate fault for the accident. In the context of impaired driving, Courts have generally held that in the context of impaired driving where there is an accident, there can be an inference of negligence against the impaired driver.

In the context of a collision where your vehicle is hit by a speeding vehicle, or a vehicle that has improperly changed lanes, or a vehicle that has improperly run a stop sign or red light, the task of proving fault against the other driver could be easier if they have been ticketed and/or convicted for these types of offences.

If you or a loved one has been involved in a car accident in Nova Scotia as a result of another person’s careless or reckless driving, you should contact an experienced personal injury lawyer as soon as possible to understand your rights and options.


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