While there are similarities in the laws across both the U.S. and Canada, it is important to note the differences if you have been involved in an accident while in Canada and need to seek legal assistance.
Below are some of the key takeaways from this month’s episode of After the Crash with Guest Steve Grover, a Canadian personal injury lawyer, where he and Managing Partner David W. Craig discussed the differences between American and Canadian personal injury law. They also covered their shared experiences as personal injury lawyers and the challenges they face within this area of law.
The video episode is available now on YouTube. You can listen on Spotify, Amazon, or other podcast-streaming services.
The Differences Between Canadian and American Personal Injury Law
- You may not be entitled to a jury trial for your case.
In the United States, it is part of the constitution that everyone is entitled to a trial with a jury of their peers. But in Canada, there is no constitutional right to a jury trial. For civil or personal injury cases, it is typically a trial by bench, or trial by judge. According to Steve, there is a civil jury act where lawyers can apply to the court by making a request to the Chief Justice of the province, who will then appoint a judge to hear the application.
From there, case law is discussed, and experts provide their input on the case. However, if the subject matter is too complicated for a layperson to understand, the application is struck, and the case moves on to bench trial.
- The Statute of Limitations and time frame to begin proceedings is not the same in both countries.
Similar to how the law varies from state to state in the United States, Canada’s statute of limitations and time frame for proceedings to start can vary depending on the province. For the United States, the statute of limitations can be anywhere from one to six years. In Indiana, it is two years. For some Canadian provinces, such as Alberta, the statute of limitations for a personal injury claim is two years. Additionally, the statute of limitations begins when you become aware that an injury was caused by an accident, just like in the U.S.
When beginning legal proceedings in the United States, a case could settle in a shorter time frame if the plaintiff and defendant come to an agreed settlement before mediation. There is no national requirement for cases to go to mediation; it depends on the state and/or county’s local rules. For several Canadian provinces, mediation is mandatory, which can lengthen the amount of time it takes to settle your case. According to Steve, it can take between five to eight years to get a resolution.
If you were involved in an accident while in Canada, you need to research what the statute of limitations is in the province where the accident occurred. You would also need to seek out a personal injury lawyer who is licensed in that province.
- The federal regulations for truck drivers and truck companies may be different.
Truck drivers and truck companies in the United States are required to follow the Federal Motor Carrier Safety Regulations to prevent accidents and ensure drivers are responsible on the roads. Canada has its own regulations that will have similarities and differences from the standards set in the United States.
For truck and bus carriers that carry goods or passengers across provincial or international boundaries, they must follow the regulations set by Transport Canada’s Motor Carrier Division. This includes rules regarding safety fitness certificates, hours of service regulations, and more.
When hiring a lawyer to handle a truck wreck, it is vital that they have handled truck accident cases before and are familiar with these regulations. If you are involved in a truck wreck while in Canada, you need a lawyer who is knowledgeable in the Canadian and provincial truck and commercial motor vehicle regulations. An experienced board-certified truck accident attorney in the United States can help you find the right Canadian Lawyer.
Get to Know the Guest: A Specialist in Canadian Vehicle Accident Law
Steve Grover is a personal injury lawyer and the founder of the Grover Law Firm based in Alberta, Canada. The firm was founded in 2003 and focuses on aiding victims of motorcycle, vehicle, and trucking accidents, aiming to help rebuild their lives and seek reasonable compensation through litigation.
Over the course of his legal career, Steve has appeared before the Alberta Court of Queen’s Bench, Alberta Provincial Court, and the Supreme Court of British Columbia. He has resolved hundreds of personal injury cases inside and outside of the Court process and participated in many Judicial and Private mediations.
In addition to his legal successes, Steve has presented papers on personal injury law and lectured on medical malpractice at the University of Calgary Medical School in the Resident program. He has also written three books about the various aspects of personal injury law he specializes in, including Load ‘Er Up and Drive Safe; Ride Hard, Ride Safe; and Beyond the Banana Peel.
When Steve is not helping clients, he is heavily involved in the legal community. He is a member of the Alberta Civil Trial Lawyers Association, Trial Lawyers Association of British Columbia, Ontario Trial Lawyers Association, America Association for Justice, the National Association of Premises Liability Attorneys, Traumatic Brain Injury Litigation Section of the American Association for Justice, the Law Society of Yukon, Calgary Bar Association, and the Canadian Bar Association. Steve also serves as the chairperson for Two Wheel Sunday and a chairperson for the Academy of Truck Accident Attorneys.
He recently spoke with Managing Partner of Craig, Kelley & Faultless David W. Craig on his podcast, After the Crash. His firm has offices in Calgary, Edmonton, Yellowknife, Red Deer, and Nova Scotia. Steve himself has bar admissions in Alberta, Nova Scotia, New Brunswick, Yukon, and the Northwest Territories.
After the Crash Podcast: A Legal Resource for Truck Wreck Victims
After the Crash is currently ranked No. 4 in personal injury podcasts. It is the highest-ranked podcast focusing on personal injury resulting from commercial vehicle and truck wrecks.
The podcast was launched nearly five years ago, in the fall of 2020, by attorney David W. Craig. It educates and empowers listeners in a digestible format. It is primarily aimed at the victims and the families of victims of semi or other large truck accidents.
It is David’s goal to equip listeners with the knowledge necessary to navigate this tough time in their lives. Anyone — truck wreck survivors, legal professionals, healthcare workers, and anyone in between — can tune into After the Crash for free.
A new episode is released monthly, featuring a guest with an important perspective. In each episode, David interviews individuals involved in commercial motor vehicle cases, or experts whose skills are crucial to understanding trucking cases.
Episodes are posted on YouTube, Spotify, Amazon and Apple Podcasts, and the Craig, Kelley & Faultless website.
Injured in a Truck Accident? Craig, Kelley & Faultless Can Help
Attorneys at Craig, Kelley & Faultless are prepared and have the experience to help victims and their loved ones involved in commercial vehicle wrecks through every aspect of their case. Both attorneys David W. Craig and Scott A. Faultless are board-certified in truck accident law by the NBTA, accredited by the American Bar Association. The firm also has a rapid response team that works with investigators, reconstructionists and mechanics who immediately collect evidence as soon as the firm is hired.
Their team-centered approach puts client needs at the forefront, and several attorneys will work on your case to achieve the best possible outcome.
Reach out for a free case consultation today at (888) 253-5198 or online.
David W. Craig is board-certified by the National Board of Trial Advocacy, accredited by the American Bar Association in Truck Accident Law. He sits on the Board of Regents of the Academy of Truck Accident Attorneys (which requires the board certification in truck accident law). He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. David is the author of Semitruck Wreck, A Guide for Victims and Their Families and It’s Never Been Easier to Hire the Wrong Attorney, both written to help people navigate what comes next after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow safety protocol regarding speed, weather conditions, maintenance upkeep, etc.
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