Determining Car Accident Liability Ontario

| Personal Injury Lawyer

What is Car Accident Liability?

Before we dive into the process of determining fault, let’s seek to understand the meaning of car accident liability. The at-fault person or entity in a car accident is the one that is found beyond any reasonable doubt to have acted negligently or carelessly and was responsible for the crash.

Determining Car Accident Liability

When involved in a car accident, a rule of thumb is to never admit to any wrongdoing in any way at the scene of the accident. Do not discuss the accident and admit fault when talking to other parties. Keep in mind that anything you say could be held against you during the trial.

If you have been involved in a car accident, who is to blame for the collision? Determining car accident liability Ontario is a critical process. To start with, it affects how much compensation is awarded to the victims when they file a claim for injuries sustained or property damaged during the incident.  Secondly, the at-fault driver is likely to pay higher insurance premiums after the accident because they pose a higher level of risk to the insurer. This concept of liability or fault is what the courts, insurance companies, and other parties use to determine who will be responsible for a certain level of damages that resulted from the crash. The matter gets even more complicated since there is a possibility that multiple parties are at fault in an accident. Since it’s never easy to tell who is to blame for the accident, it’s always in your best interest to consult an experienced car accident lawyer.

How to Determine Fault?

There are specific rules in Ontario to determine fault in car accident cases in line with the Insurance Act. These rules use common crash scenarios that clearly explain how fault is determined in different types of accidents that involve injuries, vehicle damage, and other types of property damage. In tort claims, the evidence provided is what is used to prove beyond reasonable doubt who acted recklessly and as a result, the accident occurred. Drivers and other entities involved in a car crash are required to apply a level of care that a reasonable individual would have applied, given the same circumstances.

Factors contributing to negligence

In tort claims, there’s a concept of contributory negligence where the injured person played a role to cause or contribute to the accident or injury. This limits the person’s ability to recover full compensation for the losses sustained. As the victim, the other person may not be fully or mostly at fault for the injuries for you to recover damages. You may be able to recover a portion only for the damages that the other person is responsible for causing. Typical examples of contributory negligence in auto accidents are speeding, running a red light, or driving while under the influence. Another commonly considered act of negligence is distracted driving. Your compensation amount as the injured victim will reduce if you are found to be somewhat responsible for the road accident. While there are distinct rules highlighted in the act to determine fault, they still do not clearly specify factors such as the road conditions, weather changes and even visibility issues that may have contributed to the crash. You need an experienced lawyer to help determine car accident liability Ontario since this can significantly impact on the amount of compensation you receive through tort claims or under your auto insurance. Any activity that draws the driver’s attention away from the road is said to be distracting and can contribute to an accident. Examples of activities that are said to distract the driver include:

  • When a passenger takes a photo or video of the driver
  • Blocking the driver’s line of sight
  • Showing the driver something on phone such as a text, email, video or post
  • Striking the driver
  • Passengers who play with electronic devices such as the stereo or navigation

Will the passenger be liable for distracting the driver and contributing to the accident?

If the activity of the passenger is said to have caused the accident then he/she will be held liable. This is meant to discourage passengers from taking part in activities that obstruct the driver’s view or interfere with the safe operation of the car such as grabbing the wheel.

When is the driver held liable?

Sometimes when a passenger causes an accident or damage, the driver can still be held liable. It is the driver’s responsibility to maintain focus when operating the vehicle and to ensure optimal safety. The driver is required to ignore any distractions that could interfere with their focus on the road. For instance, if a passenger grabs the wheel, the driver should try to pull over and get out of the car in a safe manner to prevent a crash or damage. To prove who is at fault, evidence will be evaluated to determine if the driver tried to avoid the wreck. If the driver did not do anything to disregard or avoid the distractions of the passenger, they may both be held liable for the accident. It is a fact that in some situations, it’s impossible to ignore the passenger’s actions in order to avoid a crash. Every liability case is unique and complex. That’s why it’s important to have an experienced lawyer by your side.

What if both driver and passenger are at fault?

If you or a loved one was injured in an accident where you suspect that both the driver and passenger were at fault, you may pursue legal action against both. An injured passenger or driver may also file a claim for their damages. The amount of compensation that each at-fault party receives will depend on their level of negligence. For instance, if the party were found to be negligent, the claim would be worth 20% less than if he/she wasn’t at fault.

Will your insurance provider pay for the wreck if caused by a passenger?

If one is involved in an accident that occurred due to an unruly driver he/she may pursue a claim and receive compensation from the insurance company of the driver of the car involved in the accident. The driver of the car in which there was an unruly passenger who contributed to the accident can file a lawsuit against the passenger. If you have concerns regarding who will be held liable for an accident you or a loved one was involved in or need guidance to file a lawsuit,  we can help. We’re happy to evaluate your case and advice on whether you need to file a claim for any injuries sustained.

CALL 1-855-225-5725 for a FREE consultation regarding your accident benefits claim.

Remember, you will not pay any fees until your case is won or settled.

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