Although all injured victims of a motor vehicle accident become eligible for receipt of accidental benefits, some of those that got hurt due to the actions of a negligent individual can pursue a tort claim. That means introducing a lawsuit against the responsible party with the help of a Personal Injury Lawyer in Halifax.
What to ask before pursuing such a tort claim?
Did your own actions contribute to the creation of your injury? If that is the case, then you could be charged with contributory negligence. If the court finds that a plaintiff has committed an act that qualifies as contributory negligence, then it can reduce the amount of money that the defendant owes the same plaintiff, as compensation for the accident-related injuries.
Examples of contributory negligence
Not wearing a safety device, if the nature of the sustained injury corresponds to the purpose of the missing device.
Driving while under the influence of alcohol or drugs, even if you were hit by another driver. It could be argued that you did not seek to avoid the accident; you did not foresee the likelihood of a collision.
Not being aware of a hazard on the road. For instance, assuming that traffic is moving at the usual pace, and not slowing down, when approaching a line of cars on an exit ramp. Not pulling to the side of the road, when an ambulance approaches would also demonstrate a lack of awareness, regarding the proper action to take.
Allowing yourself to be placed in an unsafe situation. For instance, agreeing to ride in a car when you know that the driver has been drinking a great deal of alcohol.
Paying attention to a distraction while you are sitting behind the steering wheel. You might be texting, talking on the phone, putting on makeup, re-adjusting the GPS system, or changing the dials on the car’s radio.
Although reckless driving is usually a primary reason for a collision, it could also qualify as contributory negligence. For instance, if a pedestrian stepped off the curb before the traffic light at an intersection displayed a “walk” signal, a speeding driver might hit that same walker. Someone who was driving more slowly might have had time to stop.
Not checking to see what might be in your car’s blind spot, before moving into the adjoining lane, after first signaling your intentions. If you have signaled that you plan to move into the next lane, then the car behind you should yield the right of way. Still, failure to check your blind spot made a collision all the more likely to happen. A pedestrian crosses the street while texting and wearing a neutral color. This happens at dusk, and the approaching motorist hits the inattentive walker.