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Cape Breton Car Accident Lawyers

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Published: July 16, 2021 | Last Reviewed: August 7, 2026

Accidents can happen to anyone. Even the most cautious, attentive, and responsible Cape Breton resident could be seriously injured in an unexpected accident caused by the negligence of another party or entity. Accidents frequently occur while performing everyday activities like picking up kids from school, visiting a local store, or descending a flight of stairs. When surprising, traumatic incidents interrupt people’s daily routines, in a flash, the course of their lives could be altered forever.

Injured accident survivors could endure physical pain, emotional psychological trauma, and financial distress as a result of someone else’s wrongful conduct. Although accidents can occur anywhere at any time, in Cape Breton, injuries requiring hospitalization are frequently caused by:

  • Car accidents
  • Boating accidents
  • Motorcycle accidents
  • Truck accidents
  • Bicycle accidents
  • Pedestrian accidents
  • Snowmobile accidents
  • ATV accidents
  • Slip and fall accidents
  • Scooter accidents
  • E-bike accidents
  • And more

In many instances, accidents that cause injuries are the result of another party’s failure to fulfill a duty of care. When one person or entity owes a duty of care to someone else but, through a variety of actions, inactions, errors, omissions, or other wrongful conduct, fails to reasonably uphold that duty of care, they may be considered negligent.

Many injured accident victims mistakenly believe that they need to have a pre-existing relationship with the at-fault party whose negligence caused their injuries in order for them to be owed a duty of care. However, this is simply not true. In fact, countless people throughout the province have a legal obligation to take reasonable actions to ensure the safety of other people around them, including complete strangers.

For example, in accordance with provincial law, the people who own and/or occupy both commercial and residential properties are required to reasonably maintain their premises to prevent injurious accidents from occurring on-site. In the context of premises liability cases, property occupiers can be landlords, tenants, property managers, custodians, landscaping professionals, or anyone responsible for controlling access to the space and overseeing its upkeep.

Since it is incumbent upon property owners and occupiers to routinely inspect their premises, they should be aware of potential hazards on-site that could lead to injury-causing accidents. If they fail to adequately address these potential dangers by repairing them, removing them, or providing sufficient warning about them to visitors, serious accidents can occur.

When property owners or occupiers neglect hazardous maintenance issues on their premises and an accident occurs as a result, they may be considered negligent. These hazards may be commonplace, run-of-the-mill, and seemingly innocuous, but they can cause an unsuspecting accident victim to sustain severe injuries, or even fatalities. Common examples of often-neglected hazards on someone else’s property include:

  • Uncleared ice and snow
  • Spilled liquids
  • Broken or missing handrails
  • Poor lighting
  • Wet floors
  • Uneven surfaces
  • Loose carpeting
  • Cracked sidewalks
  • Potholes
  • Cluttered walkways
  • Broken tiles
  • And more

Property owners or occupiers who fail to adequately ensure the safety of their premises effectively neglect the duty of care they owe visitors to their commercial or residential spaces. Customers, employees, tenants, guests, passersby, and other Cape Breton residents visiting their properties could lose their lives or sustain life-altering injuries as a result of their negligence. If the wrongful conduct of a property owner or occupier causes someone to sustain injuries in an accident, those at-fault parties may be responsible for providing financial compensation to the people injured by their negligence.

In addition to the owners and occupiers of Cape Breton properties, all drivers on the island’s roads are legally responsible for abiding by provincial traffic laws to prevent other motorists, cyclists, pedestrians, and others from sustaining injuries in a collision. In fact, all motor vehicle owners and operators in the province are, in accordance with local legislation, required to provide other road-users with a duty of care. If a driver violates provincial traffic laws, they have technically failed to fulfil the duty of care they owe the people around them. If their wrongful conduct behind the wheel leads to a collision, the at-fault driver may be considered negligent.

Driver negligence can manifest itself through a number of traffic law violations. In Cape Breton, examples of driver negligence that frequently lead to injury-causing accidents include:

  • Distracted driving
  • Driving under the influence of alcohol and/or drugs
  • Excessive speeding
  • Reckless driving
  • Failing to obey traffic signs/signals
  • Texting while driving
  • And other violations of traffic laws

Negligent drivers can cause fatal accidents, robbing family members of their loved ones in violent, horrifying, and preventable crashes. They can also cause vehicle occupants, cyclists, and pedestrians to endure life-altering injuries. And while injured car accident victims may be able to recover financial compensation for their injury-related costs through insurance coverage, oftentimes the benefits available to them do not sufficiently cover their total losses.

If the wrongful conduct of a negligent driver caused you to sustain injuries in a collision, our accident lawyers serving Cape Breton may be able to provide you with crucial assistance. By pursuing a civil claim against the negligent driver whose disregard for your safety caused you sustain physical injuries and compensable damages, our Cape Breton accident lawyers may be able to help you recover the financial compensation you are owed.

Depending on the circumstances of your accident and the severity of your injuries, our Cape Breton accident lawyers may be able to help you recover the costs of damages you have incurred or will incur in the future. These damages could be economic or non-economic in nature, and may include:

  • Medical expenses
  • Pain and suffering
  • In-home attendant care
  • Lost wages due to missed work
  • Reduced future earning capacity
  • Adjusted living expenses
  • Rehabilitation costs
  • And possibly more

If you have been injured because of another party’s wrongful behaviour and have sustained financial losses because of your injuries, contact our Cape Breton accident lawyers for a free initial consultation on your case.

Free Consultation for Cape Breton Residents – We Don’t Get Paid Unless We Win

At Preszler Injury Lawyers, we understand the importance of removing financial barriers to accessing our legal services. Surviving a traumatic accident can be disruptive, all-encompassing, and expensive. Our accident lawyers serving Cape Breton know just how costly it can be to re-adjust to life following a severe accident. That is why Preszler Injury Lawyers work on a contingency-fee basis.

If you are eligible to pursue a civil claim against the negligent party whose wrongful actions or inactions led to your injurious accident, our Cape Breton accident lawyers will not charge you a cent unless we win your case. Our accident lawyers serving Cape Breton invest in the clients we represent, fighting passionately and tirelessly on their behalf throughout the entire claims process.

After sustaining injuries in an accident, it may be unclear whether you may be entitled to financial compensation from the at-fault party or entity. We know you have important questions and require information about your unique circumstances. Because of this, our Cape Breton accident lawyers offer a free initial consultation to all prospective clients. During this no-obligation first meeting, injured accident survivors have the opportunity to receive legal advice tailored to the specific conditions of their accident, all at no cost.

To learn more about how Preszler Injury Lawyers may be able to help with your case, contact our accident lawyers serving Cape Breton and schedule your free initial consultation today.

Authored by Preszler Injury Lawyers

Personal Injury Law Firm

Preszler Injury Lawyers represents injured people across Ontario in personal injury matters, including motor vehicle accident claims, slip and fall claims, long-term disability claims, and institutional abuse claims.

Proudly Canadian

Award Winning Personal Injury Law Firm

We are proud to be one of Canada’s oldest and long-standing personal injury law firms. Since 1959, we have been providing exceptional legal services and have established ourselves as leading personal injury lawyers in the Canadian legal community. It’s not just the awards that recognize our achievements, but also the wins we’ve achieved for thousands of Canadians with their car accident claims.

Case Results

car accident Settlements

Please note that past results are not indicative of future results as each scenario presents itself with its unique set of circumstances. But here are some car accident related wins we’ve had for our clients.

Settlement

Car Accident

$900,000

Recovered significant damages for a client with permanent disabilities caused by a severe car accident.

Settlement

Car Accident

$485,000

Secured fair compensation for serious injuries and long-term recovery needs after a highway collision.

Settlement

Car Accident

$350,000

Achieved strong results for a client suffering chronic pain following a rear-end crash.

Settlement

Car Accident

$335,000

Delivered substantial compensation for soft-tissue and psychological injuries sustained in a crash.

car accident FAQs

Here are some commonly asked questions for car accident claims

a. In Nova Scotia we have a no fault system which means your own insurance company responds to provide you with certain benefits under your own insurance policy to help with your recovery and address your immediate financial needs. These benefits are called “Accident Benefits”.

b. This includes income replacement benefits which would pay you up to $250.00 a week.

c. There is medical coverage to a potential maximum of $50,000.00 for recommended therapies such as physiotherapy etc.

a. You are entitled to sue the individual or entity that caused the accident and damages/injuries. This could include more than one party, for example if the driver and owner of the vehicle are different people.

b. This party is usually referred to as the “at-fault” party.

c. In some situations, you may have reason to sue your own insurance company to seek recourse for benefits and other claims under the contractual terms of your automobile policy. Again, time limitations apply. Your lawyer can best advise you if this kind of action is necessary in the circumstances as well as any technical requirements for proceeding.

a. Lawsuits are a method of recovering damages. The goal of the lawsuit is to award the injured plaintiff (you) with financial compensation which is evaluated based on the amount of damages/changes/pain caused to you and how it affects your life.

b. These could include but are not limited to: damages for pain and suffering, income losses (past and future), loss of earning capacity, out of pocket expenses, past and future treatment costs subject to any Accident Benefits payments made by your own insurer.

a. For accidents after 2010, injuries of a soft tissue nature (ie. strains, sprains and certain whiplash disorder injuries) must be of a nature that causes a substantial inability to perform any or all of the essential tasks of your regular employment, training or education or the normal activities of your daily life.

b. Injuries that do not meet this “serious impairment” threshold are referred to as minor injuries and are subject to a capped amount of general damages as set by legislation.

c. For more information on how this limit could affect your claim, please call for a free consultation today.

a. There could be limits to the amount of money available.

  1. In Nova Scotia the statutory minimum insurance required to drive is $500,000.00
  2. If there are multiple claimants involved in the same accident caused by the same at-fault driver the insurance policy limits on the at-fault vehicle will be split up amongst all the claimants and can reduce the amount that is recovered.
    1. This is why it is important to ensure that you have proper coverage on your own policy of insurance because there are situations where the at-fault driver may be underinsured and your own policy can step in and increase the available limits. Please speak to one of our lawyers today for clarification.

b. The monetary value of a particular injury is based on and set by case law, which limits the amount you can recover.

a. The injury is worth $7,500 subject to inflation.

b. Please call Preszler Injury Lawyers for a free consultation for more information and a free consultation.

a. No – the limits only apply to general damages for pain and suffering.

b. However, the available policy limits of insurance on the at-fault vehicle could affect your recovery of damages.

a. Usually the limitation is 2 years from the date which the accident occurred, but there are cases/situations where this can be extended.

b. Please call Preszler Injury Lawyers for a free consultation for more information.

Read More FAQs

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