Understanding Hit-and-Run Accidents in Alberta: What Happens Next?

What is a Hit-and-Run Accident?

A hit-and-run accident can happen in many ways, ranging from minor to severe incidents. Imagine someone backs into your parked car and drives away without leaving a note or contact information. Or picture a scenario where a cyclist is sideswiped by a car, and the driver fails to stop and check for injuries. More serious cases can also be labelled as a hit-and-run accident, such as a pedestrian being struck at a crosswalk, with the driver speeding off without checking for injuries or providing aid.

Regardless of the scale, what ultimately defines a hit-and-run accident in Alberta is the driver’s failure to stop, offer to provide help, and exchange necessary information, leaving the victim to deal with the aftermath alone. This negligence poses significant challenges for victims seeking justice and compensation in their motor vehicle accident claims.

Steps to Take if You Hit an Unattended Vehicle in Alberta

In the event of a motor vehicle accident in Alberta, both federal and provincial laws impose strict obligations on drivers. According to Section 252(1) of the Criminal Code of Canada, any person in charge of a vehicle involved in an accident in Alberta must stop and provide their name, address, and assistance to anyone injured. Failing to do so with the intent to escape liability is a criminal offense, punishable by fines and/or imprisonment.

If there is no one around when the motor vehicle collision occurred, Section 69 of the Alberta Traffic Safety Act mandates that you must remain at or return to the scene, give reasonable assistance, and provide detailed information such as your name, address, driver’s license number, and insurance details to any parties involved, police officers, and/or witnesses. If you hit a parked car, you must leave a written notice with similar information.

Legal Consequences of Leaving the Scene of an Accident in Alberta

Penalties for leaving the scene of an accident in Alberta, under the Traffic Safety Act, include:

• Fines of up to $2,000
• Up to six months of imprisonment
• License suspension up to 3 months
• 7 demerit points added to your license

For serious injuries or fatal accidents, under the Criminal Code of Canada, the penalties can be significantly harsher:

Penalties for a hit-and-run accident resulting in a serious injury or death:

• Up to 5 years of imprisonment for failing to remain at the scene
• Up to life imprisonment if the collision results in death

It is also important to note that if a vehicle involved in a hit-and-run is identified by its license plate, the registered owner can be charged under Section 160(1) of the Traffic Safety Act. This holds unless the owner can prove they were not responsible for the vehicle at the time of the offense.

What if I am the Victim of a Hit-and-run Accident?

A hit-and-run accident in Northern Alberta is never a situation you want to find yourself in, but it is important to know that you still have options. While you will be unable to  exchange insurance information, other important steps can be taken.

First, as is true with all accidents, safety is the top priority. Ensure your immediate safety by moving to a secure location and checking for any injuries.

Next, if you are able to do so safely, document the scene by taking photos of the damage and noting details of the scene such as time and location of the accident, witness information, and any descriptions of the fleeing vehicle. Using this information, report the accident to the police and your insurance company as soon as possible.

Finally,  it will be beneficial to consult a reputable personal injury lawyer who can help you navigate the legal process and build a strong case. They can guide you in pursuing compensation for your damages, ensuring your rights are protected even in a hit-and-run situation.

How to Report a Hit-and-run Accident

Reporting a hit-and-run accident is a crucial step for ensuring you get the compensation you deserve. The information you can provide aids the police in their investigation and increases the chances of identifying and holding the responsible party accountable.

Here’s how to report a hit-and-run effectively:

1. Call the police immediately and share everything you know about the incident.
2. Describe the car that fled the scene, including its make, model, and license plate if possible.
3. Provide any witness details or evidence, such as photos or videos.

After contacting the police, make sure to file an official report. This step is vital as it formally documents the incident, which is crucial for insurance claims and potential legal action. This can be done in person at your local police station, or online through the RCMP website. By giving comprehensive details, you assist law enforcement in solving the case and ensuring justice is served.

If the Hit-and-run Driver Cannot be Found, What Happens to My Claim?

If the driver responsible for the hit-and-run accident cannot be found, you may still be eligible for compensation through Alberta’s Motor Vehicle Accident Claims (MVAC) Program or your own insurance policy.

The MVAC Program is designed to assist individuals injured in car accidents caused by uninsured or unidentified drivers. It offers up to $200,000 in compensation per incident for bodily injuries when the at-fault driver cannot be held accountable. Funded by vehicle registration fees, this program ensures that victims have a financial “safety net” even if the responsible party is unknown or lacks insurance.

Navigating the best path to compensation can be complex, and that’s where a qualified personal injury lawyer can assist. They can help determine whether you should pursue a claim through the MVAC Program or your own insurance policy, guiding you through the process to ensure you receive the compensation you deserve.

What if the Hit-and-run Driver Can be Found?

If the hit-and-run driver is located, they will have the opportunity to defend the claim as they would in a typical motor vehicle collision. However, it’s important to note that the Motor Vehicle Accident Claims (MVAC) Program may already be involved in the claim before the driver is identified. If the MVAC is involved, any proceedings may be subject to its approval.

If the driver has insurance, you may be able to pursue a claim against the at-fault driver in the same manner as a typical car accident. However, given that the driver initially left the scene, there may be grounds for punitive damages. If the driver is found but uninsured, the MVAC can compensate you for your damage up to its $200,000.00 limit, and your insurance may help cover any remaining costs.

How KMSC Law Can Help You Today

Choosing the right personal injury lawyer starts with a simple conversation. At KMSC Law, we’re here to listen, guide, and advocate for you every step of the way.

No pressure. No obligation. Just answers.

Schedule your free consultation today and get the clarity you need to move forward.