Hit and run accidents are a common occurrence on Alberta’s roads, and can have devastating consequences for those involved. In this article, we will explore the laws that govern hit and run offenses in Alberta, what drivers should do at the scene of an accident, and how to file a personal injury claim.
We will also provide guidance on what to do after an accident, including taking civil action, gathering evidence, and filing a claim with the Motor Vehicle Accident Claims Fund.
Offenses and Charges
In Alberta, hit and run offenses can be classified as either summary, indictable, or hybrid offenses. Summary offenses are less serious and carry lighter penalties, while indictable offenses are more severe and can result in jail time.
Hybrid offenses can be tried as either a summary or indictable offense, depending on the circumstances. If the hit and run caused property damage, the driver can be charged with an offense under the Traffic Safety Act.
If the accident resulted in injury or death, the driver can face criminal charges under the Criminal Code of Canada.
Penalties for hit and run offenses can include fines, license suspensions, and even jail time.
Driver Duties at the Scene
If you hit another vehicle or pedestrian and fail to stop, you could be charged with a hit and run offense. In addition to stopping, drivers are required to render assistance to any injured parties, provide their name, address, and vehicle information, and transport injured parties if necessary.
Failure to fulfill these duties can result in criminal charges. If you witness a hit and run, you should try to get as much information as possible, including the make and model of the vehicle, license plate number, and any identifying features of the driver.
This information can help the police identify the driver and hold them accountable for their actions.
Filing Personal Injury Claim
If you are involved in a hit and run accident and suffer injury or property damage, you may be able to file a claim with your insurance company or the Motor Vehicle Accident Claims Fund. However, there are strict limits on when and how you can file a claim.
The deadline for filing a personal injury claim in Alberta is two years from the date of the accident. If you are uninsured or the other driver is uninsured, you can still file a claim with the Motor Vehicle Accident Claims Fund.
However, the fund will only cover damages up to a certain amount.
What to Do After an Accident in Alberta
If you are involved in an accident, there are a number of steps you should take to protect yourself and your rights. First, seek medical assistance for any injuries, even if they seem minor.
Delaying treatment can make injuries worse and could hurt your chances of receiving compensation. Next, contact the police and file a report, even if the other driver fled the scene.
The police can help gather evidence and identify the hit and run driver, and their report can be used as evidence in a civil or criminal case.
Gathering Evidence
To build a strong case, it is important to gather as much evidence as possible. This can include dashcam footage, witness testimonies, and a detailed account of what happened.
If possible, take photos of the scene, including damage to your vehicle and any injuries you sustained. Contacting a lawyer can also be helpful, especially if you are considering taking civil action.
A lawyer can guide you through the legal process and help you understand your rights and options. Alberta’s Motor Vehicle Accident Claims Fund
If the hit and run driver is uninsured or cannot be identified, you may be able to file a claim with Alberta’s Motor Vehicle Accident Claims Fund.
This fund provides compensation to individuals who are injured or suffer property damage as a result of an uninsured or unidentified driver. To be eligible for compensation, you must file a claim within 90 days of the accident and meet certain criteria.
The amount of compensation you can receive depends on the nature and extent of your injuries and damages.
Conclusion
Hit and run accidents can be traumatic and have lasting consequences. Understanding your rights and obligations as a driver, as well as the resources available to you in the event of an accident, is important for protecting yourself and your well-being.
By following the steps outlined in this article, you can take action to seek justice and receive compensation for any injuries or damages you have suffered. Leaving the scene of an accident is a serious offense in Alberta and can result in criminal charges, fines, and imprisonment.
In this article, we will discuss the hit and run offenses, penalties, and victims’ compensation. Additionally, we will explore the reporting requirements of accidents in Alberta, accidents involving unattended vehicles, and the statute of limitations for personal injury, property damage, and wrongful death claims.
Hit and Run Offenses
Under Canada’s Criminal Code section 252, drivers are required to stop at the scene of an accident and provide assistance to anyone injured, as well as exchange information with the other driver. Failure to do so can result in charges of hit and run.
Hit and run offenses can be classified as either summary or indictable offenses, depending on the severity of the incident. If the hit and run caused serious injury or death, the driver can face criminal charges under the Criminal Code of Canada.
The penalties for hit and run offenses can include fines, license suspensions, and even imprisonment, with indictable offense carrying heavier penalties. Victims of hit and run offenses may be able to file a claim with the Motor Vehicle Accident Claims (MVAC) program or take civil action against the driver.
Penalties
For summary offenses, the penalty for leaving the scene of an accident can include up to $2,000 in fines and six months in jail. Indictable offenses carry much heavier penalties and can result in up to five years in prison.
In addition to criminal charges, the driver may be held liable for any damages or injuries caused in the accident.
If the driver is identified and is insured, then victims can claim from the driver at fault insurance coverage.
The MVAC limits payments to a maximum of $200,000 per claim for personal injury and $50,000 for property damage claims. Victims’ Compensation
Fortunately, victims of hit and run accidents in Alberta may be eligible for compensation from the MVAC program.
The program provides compensation to individuals who are injured or suffer property damage as a result of an uninsured or unidentified driver. Under the MVAC program, victims can file claims for medical expenses, lost wages, and other expenses related to the accident.
In addition to the MVAC program, victims may also be able to take civil action against the driver. In such cases, the driver may be required to pay for any damages or injuries caused in the accident.
Reporting an Accident in Alberta
Under Alberta law, drivers are required to report accidents that involve injury, death, or property damage over $2,000. Failure to do so can result in fines and penalties.
Drivers must report accidents within 24 hours of the incident and provide information such as name, the vehicle registration number, driver’s license number, and insurance information.
Accidents Involving Unattended Vehicles
If an accident involves an unattended vehicle (such as a parked car), drivers must make a reasonable effort to locate the owner of the vehicle and provide them with their contact information. If the owner cannot be located, drivers must leave a written notice outlining the details of the accident.
If the driver is incapacitated due to injury or any other reason, they must make reasonable effort to inform the police or other authorities within 24 hours of regaining consciousness. Failure to do so can result in charges of leaving the scene of an accident.
Statute of Limitations
The statute of limitations refers to the time limit for filing a claim or taking legal action after an accident. In Alberta, individuals have two years from the date of the accident to file a personal injury claim.
Claims for property damage have a ten-year limit, while wrongful death claims have a two-year limit.
It is important to note that the statute of limitations can vary depending on the specific circumstances of the accident.
Seeking legal advice as soon as possible can help ensure that you do not miss any important deadlines.
Conclusion
Leaving the scene of an accident is a serious offense in Alberta and can result in criminal charges, fines, and imprisonment. Victims of hit and run offenses may be eligible for compensation from the MVAC program or through civil action against the driver.
Reporting accidents that involve injury, death or property damage over $2000 is mandatory. Drivers also need to make a reasonable effort to locate owners of unattended vehicles.
The statute of limitations can vary depending on the type of claim you are filing, so it is important to seek legal advice as soon as possible. In conclusion, leaving the scene of an accident and failing to report the incident is a serious offense in Alberta and can result in severe criminal penalties.
Hit and run accidents can result in significant injuries and property damage, and it is vital to understand the proper procedures to follow after such an event. Victims of hit and run accidents can seek compensation through the MVAC program or take civil action against the driver.
Reporting accidents that involve injury, death or property damage over $2000 is also mandatory. It is essential to remember the importance of these laws and take the necessary steps to ensure that you are following them in case such an unfortunate event happens.