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If you’ve been injured in an accident caused by a distracted driver, you may be navigating missed work, medical appointments, insurance calls, and the uncertainty of what comes next. Whether your injuries are minor or severe, it can be incredibly frustrating to know that the situation could have been avoided.
You’re not alone. Distracted driving continues to be one of the leading causes of motor vehicle accidents and fatal accidents in Alberta. If you’ve been injured as a result of someone else’s carelessness, you may have the right to seek compensation. This guide will help you understand your options.
Key Takeaways
- If your injuries are the result of a distracted driver, it is likely that you are entitled to compensation
- Distracted driving includes any action that takes attention off the road
- Most injury claims in Alberta must be started within 2 years of the accident date
- You can still make a claim even if you were partly at fault for the accident
- You typically don’t pay legal fees during a personal injury claim
What Counts as Distracted Driving in Alberta?
Distracted driving isn’t just texting behind the wheel, although that’s one of the most common causes today.
It includes anything that takes your eyes, hands, or attention away from driving even while stopped at a red light, such as:
- Using hand-held cell phones
- Texting or e-mailing
- Using electronic devices (i.e. laptop computers, video games, cameras, video entertainment displays and programming portable audio players such as MP3 players
- Entering information on GPS units
- Reading printed materials in the vehicle
- Writing, printing or sketching
- Personal grooming (i.e. brushing and flossing teeth, putting on makeup, curling hair, clipping nails or shaving)
From a legal perspective, distracted driving often comes down to negligence, meaning the driver at fault failed to meet the standard of care expected on the road.
Who Is Liable in a Distracted Driving Accident?
In Alberta, injury claims are based on fault (liability). If another driver caused the accident because they were driving distracted, they can be held legally responsible for your injuries, and the impact of those injuries on your life.
That may include compensation for things like:
- Medical expenses
- Lost income
- Pain and suffering
- Future care needs
Even if you were partly at fault (i.e. speeding), you may still be entitled to compensation. Alberta has a contributory negligence system, which means your compensation is reduced based on your share of fault.
For example, if your settlement is worth $80,000 and you’re found to be 20% at fault, your compensation would be reduced by 20%, meaning you would receive $64,000.
What If the Other Driver Denies They Were Distracted?
This is more common than you might expect. Drivers may not always admit to having been distracted behind the wheel, but that doesn’t mean it can’t be proven.
Proving an individual was driving while distracted can involve:
- Witness statements
- Police reports
- Phone records
- Accident reconstruction
This is where having the support of a legal team can make a real difference. A lawyer can gather and organize the evidence needed to understand what happened and build a strong claim on your behalf.
Timing also matters. It’s often much easier to collect evidence in the days and weeks following an accident, when memories are fresh and witnesses are easier to locate.
How Long Do You Have to File a Claim in Alberta?
In most cases, you have two years to start a personal injury claim in Alberta. This timeline typically begins on the date of the accident. For minors, it begins from the date they turn 18.
IMPORTANT: If you miss this deadline, you lose your right to seek compensation entirely.
If you’re unsure, it’s always better to seek legal help early rather than risk missing an important deadline.
What About Legal Fees? How Much Does an Injury Lawyer Cost?
One of the biggest concerns we hear is: “I can’t afford a lawyer right now.”
But hiring an injury lawyer in Alberta works differently from other areas of law, where you might expect a bill every time you meet with or talk to a lawyer.
Most personal injury claims in Alberta are billed on a contingency fee basis, which means your lawyer is paid a percentage of the final settlement once your claim is resolved. This payment system is designed to remove financial stress so you can focus on your recovery.
At Litco Law, our lawyers…
- Only get paid if (and when) your case is successful.
- Never bill by the hour
- Cover the cost of disbursements during your claim.
What Should You Do After a Distracted Driving Accident?
If you’ve been injured, here are a few important steps to take:
- Get medical attention – even if your injuries seem minor
- Document everything – photos, notes, symptoms, and timelines
- Report the accident –especially if injuries are involved
- Be cautious when speaking to the other party’s insurance – be cautious of accepting offers or feeling pressured to admit fault
And most importantly, don’t feel like you have to figure it all out on your own. At Litco Law, it won’t cost you anything to speak with our legal team.
Why People Reach Out to Us
Many of our clients come to us feeling overwhelmed, unsure, and often frustrated.
They’re dealing with issues like:
- Symptoms that show up weeks or even months later
- Pressure from insurance companies
- Financial stress from missed work
- Uncertainty about what their claim is actually worth
Our role is to step in, simplify the process, and make sure you feel supported and informed every step of the way.
You Don’t Have to Figure This Out Alone
If you were injured by a distracted driver, you deserve answers, and support. At Litco Law, we take the time to understand what you’re going through and help you understand what your options are.
Contact us to speak with a member of our legal team today. Consultations are always free.
Frequently Asked Questions About Distracted Driving Claims in Alberta
Can I still make a claim if I was partially at fault?
Yes. Alberta law allows for shared fault, meaning you may still recover compensation for your injuries (it may just be reduced).
What if the driver fled the scene?
You may still have options through Section B benefits and Alberta’s Motor Vehicle Accident Claims Program (MVAC).
Do I have to go to court?
Most personal injury claims are resolved through settlement without going to trial.
