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Cross-border personal injury claims are often complicated because many factors will come into play. Suppose you sustain serious injuries as a result of an accident outside of Canada. In that case, you should consult with Diamond & Diamond before making a cross-border personal injury claim for compensation. You should also note that you might be yielding your rights to fair compensation if you settle your case without seeking legal advice.<\/span><\/p>\n In most cross-border accidents, you might be able to file a claim with your insurance company for your injuries. You may also be able to file a lawsuit in the country where the accident occurred against the negligent party. Diamond & Diamond Law can help you in both cases.<\/span><\/p>\n When dealing with insurers, medical coverage, corporations, and negligence, cross-border laws will come into play. For example, Article 6 of the<\/span> <\/span>Hague Convention on the Law Applicable to Traffic Accidents<\/span><\/i><\/a> states that if the vehicles involved in a car accident are registered in different countries, then the law where the vehicle is usually stationed will apply.<\/span><\/p>\n The rules in the treaty seek to settle any conflicts that may arise in cross-border car accidents. Generally, this means you can file a cross-border personal injury claim with your Canadian insurance company if you were driving a vehicle registered in your name. However, US tort laws will be a significant factor in a car accident within any US state, so you need a lawyer who is well-versed in those laws.<\/span><\/p>\n You should know that mandatory insurance<\/span> coverage for catastrophic injuries in Ontario<\/span><\/a> is much higher than in most US states, such as<\/span> <\/span>Florida<\/span><\/a>. On the other hand,<\/span> you\u2019ll receive more in <\/span>damages<\/span><\/a> for a negligent auto accident if you file a claim in Florida rather than in the Province of Ontario.<\/span><\/p>\n You may want to think about the above considerations before settling with a US-based insurer instead of filing a personal injury lawsuit. If you agree to a settlement in the US before consulting a Canadian law firm, you may receive significantly less in accident claims for a brain injury than you should have.<\/span><\/p>\n Cross-border personal injuries can be devastating, mainly because most are preventable. You can usually trace the reason for a motor vehicle accident in Vancouver or Ontario to common causes, which include:<\/span><\/p>\n Anything that takes a driver’s attention away from the road is distracted driving. While using a mobile phone is the leading cause of distracted driving accidents in<\/span> <\/span>Canada<\/span><\/a> and the<\/span> <\/span>US<\/span><\/a>, any activity that causes a driver to look away from the road is dangerous.<\/span><\/p>\n Driving under the influence of alcohol affects a person’s judgment, coordination, and reaction times, leading to many accidents in Canada and the United States. In the US, drunk driving was the cause of more than<\/span> <\/span>10,000 car accident fatalities in 2019<\/span><\/a>. In Canada, one report states about<\/span> <\/span>86,000 people were charged with drunk driving<\/span><\/a> in the same year.<\/span><\/p>\n Similar to drunk driving, people driving under the influence of drugs, including cannabis, may suffer from slow reaction times and decision-making that is critical to safely operating a vehicle. While cannabis is legal in Canada and some US states, driving while under its influence is not permitted. In fact, if it results in a motor vehicle accident, it may render you liable for cross-border personal injury claims.<\/span><\/p>\n Given the conditions, such as slippery roads or poor visibility, many people ignore speed limits or drive faster than they should. It takes longer to stop when travelling at high speeds, which can result in car accidents that give rise to personal injury cases.<\/span><\/p>\n Traffic regulations are there for a reason \u2013 safety. Failing to stop at stop signs, speeding through intersections, beating the red light, and failing to yield to right-of-way vehicles or pedestrians can result in serious accidents and injuries.<\/span><\/p>\n Suppose you sustained serious injuries due to someone else\u2019s negligence in a cross-border incident. In that case, you have the right to seek compensation for your losses, which your lawyer can help recover. Compensation may cover:<\/span><\/p>\n The law firm of Diamond & Diamond can help you recover damages if you sustain personal injuries in Canada or cross-border injuries in Florida. If you have a valid insurance policy in Canada for your vehicle, the insurance coverage may give you some relief. However, you should understand that you can also recover damages from a negligent third party, even when the accident occurs outside of Canada.\u00a0<\/span><\/p>\n <\/p>\nCross-Border Law<\/b><\/h2>\n
Causes of Cross-Border Personal Injuries\u00a0<\/b><\/h2>\n
Distracted Driving<\/b><\/h3>\n
Alcohol-impaired driving<\/b><\/h3>\n
Drug-impaired driving\u00a0<\/b><\/h3>\n
Speed Driving<\/b><\/h3>\n
High-risk Driving<\/b><\/h3>\n
Types of Cross Border Accident Claims\u00a0<\/b><\/h2>\n
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