What Happens if the Other Driver Died in My Alberta Car Accident?

Car accidents are extremely unpredictable. Fault is no determinant of how much a person gets hurt or whether they die. Fault only determines liability. The initial declaration of fault is usually made by the police officer at the scene, but your lawyer can also make an argument for the assignment of fault, and that assessment will not always agree with the police report’s. A skilled lawyer can do this by staying true to the facts of the case. 

This means that in Alberta you can still make a claim for your own injuries. After all, it’s not the other driver who generally pays a car accident claim. It’s either the driver’s insurance company or the Alberta Motor Vehicle Accident Claims Program.

Your Claim Will Not Impact the Driver’s Family

It’s important to keep this point firmly in mind. Many of our clients have been reluctant to pursue compensation because they’re afraid they will harm a grieving family.

Just remember, you’re suing the driver’s insurance company, not the estate or the family. You won’t be taking any money out of the family’s pockets. You won’t be harming them in any way. In many cases they will understand that you have serious medical bills too.

In most cases, you will never have to see or interact with the driver’s family. Remember, you are not at fault for the accident, so you have nothing to feel ashamed of or guilty about. 

Juries May Have Less Sympathy

You may need a tougher negotiator to help you in cases where the at-fault driver has died. You’ll want to get the biggest settlement you can get while keeping your case out of court if possible. 

First, comparative negligence means there is room for the insurance company to reduce or eliminate your claim by blaming you for the accident. The other driver died, so they know juries may be far less sympathetic to your cause. This may cause them to hold out on a case they might otherwise have negotiated on. If you do have to litigate, you will have more of an uphill battle ahead of you unless the facts of the case are very cut and dried.

A skilled personal injury lawyer can turn this situation around by sticking to the facts, laying out the case in such a way as to make it impossible to deny that you have a right to compensation. Our lawyers can help bring your case back out of the realm of emotion, ensuring that the facts win the day. 

It won’t be easy, but that’s the kind of edge we get from 30+ years of experience.

Help for Every Personal Injury Complication

Our skilled lawyers are used to handling complex cases. We can help.

To get started, contact us for a risk-free, no-obligation consultation. We’re available 24/7 to get you the help you need. To achieve the strongest possible case, call us before you talk to any insurance companies. We can help you file your claim. 

About Donald I.M. Outerbridge

Donald became the Executive Director of Merchant Law Group LLP starting in 1993, nearly 30 years ago. His experience managing law firms at various levels and in multiple provinces across Canada goes back even further to 1981.