The Basics of Car Accidents in Canada

Most of the personal injury claims occurring in the United States and Canada arise because of automobile accidents. When you consider that someone in the Canada is in a traffic accident an average of once in ten seconds, it’s no surprise. 

The Laws Concerning Motor Vehicle Accidents 

Canadian drivers are legally responsible for exercising something termed “reasonable care under the circumstances.” If you fail to exercise this care, you can be deemed “negligent” under the law. Those found negligent may have to pay for damages to people or property that was damaged or injured because of the negligent actions. However, the plaintiff—meaning the injured party--has to prove that the other driver was negligent, that the negligence caused the injury or damage, and that the accident is what caused the injury or damage. 

Accidents Involving Negligence 

When judges and juries determine who is at fault in an injurious or damaging accident, they have to decide which driver was negligent. You may instinctively “feel” that a driver or pedestrian or cyclist was negligent without knowing exactly what law was violated. A lawyer will examine your accident in the light of state traffic laws, witness testimony, and police reports. He or she will then help you understand who is at fault from a legal perspective. 

The following actions are frequently found to be negligent: 

• Driving under the influence of alcohol or narcotics

• Disregarding traffic and weather conditions

• Driving above the posted speed limit or well below it

• Neglecting to signal a turn

• Disobeying traffic lights and signs

Other Commonly Occurring Causes for Traffic Accidents 

Reckless Driving--Reckless driving, whether it was intentional or not, often makes a driver liable for the accident. Recklessness is generally construed as driving unsafely and disregarding the danger and probability that the recklessness may precipitate an accident. The National Highway Traffic Safety Administration (NHTSA) defines the following driving behaviors as aggressive and therefore, potentially reckless: 

• Lane changes that are not made safely or made without the use of a turn signal and/or too many lane changes in a short space of time.

• Driving over the posted speed limit or driving too fast for the conditions

• Passing without signaling and/or using the shoulder of the road or the emergency lane to pass

Drunk Driving—someone somewhere in the United States dies in a vehicular accident involving drunk driving every hour. Over a million people were hurt in such accidents last year. The driver will not necessarily be the only one held responsible. A bar or party host can also be liable for injury, death, and damage sustained in a drunk-driving accident if the bar or host served alcohol to an already intoxicated person. However, that does not mean that the driver himself is off the hook. Dram Shop Laws say more about third-party liability in drunk-driving accidents. 

A capable attorney can help you identify the people and businesses responsible if you are the victim of an accident involving an intoxicated driver. 

When Drivers Are Not At Fault 

In some cases, an accident may not be the fault of any of the drivers involved. A manufacturing defect in a car, for instance, might not be the fault of the driver, but of the car maker. Under product liability law, the car’s manufacturer may be the one legally liable for the accident. Manufacturers of defective goods are legally responsible for injuries and damages resulting from the defect(s). 

A host of other factors such as non-functioning traffic signals, bad roads, bad highway design, construction, maintenance, lighting, signage, and dangerously placed utility poles and trees can result in serious accidents. When this happens, the governmental agencies responsible for designing, building, and maintaining rights of way may be liable for the accident. You should definitely consult a lawyer in such cases because special rules apply to legal actions brought against governments. 

Get a Lawyer’s Help 

If you or a family member has been hurt in a traffic accident, you should consult an experienced attorney who can accurately assess and communicate your legal rights. Medical treatment, motor vehicle laws, compliance with those laws, and liability are legal issues your injury lawyer in Toronto can assist you with. There are legal deadlines for filing injury claims, so meet with your attorney as soon as possible after the accident.