Do Traffic Offences Matter in Personal Injury Cases?
There are many factors beyond our control that frequently lead to a car accidents in Nova Scotia. While driving cautiously and following the rules of the road are the best prevention from car accidents, sometimes other drivers fail to observe the proper traffic rules. In spite of our best efforts, accidents still happen.
Who is at fault?
As an injured party looking to make a claim due to a car accident in Nova Scotia, one of the most important questions to ask is who is at fault. Sometimes this determination is relatively straightforward, other times it is a very complex legal question.
Tickets and charges
In certain situations, drivers may receive a ticket or be charged with various offences at the scene of the accident. These charges range from Criminal Code offences such as impaired driving, to provincial offences under Nova Scotia’s Motor Vehicle Act such as speeding, distracted driving, failure to yield, and so on.
These charges and tickets can carry hefty penalties. Even speeding tickets under 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 where there is an accident, there can be an inference of negligence against the impaired driver.
Proving fault against another driver can be easier if they receive a ticket or conviction for certain types of offences. Including if your vehicle is hit by a speeding vehicle, the result of an improper lane change or an improper stop at a sign or red light.
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.