FAULT AND LIABILITY FOR MOTOR VEHICLE ACCIDENTS
A number of factors can determine who is liable for damages resulting from a motor vehicle accident and how much each party is at fault. For instance, it’s possible that while one vehicle cut another one off, the other vehicle was speeding resulting in liability being spread in some fashion amongst the parties. There is also legislation in place that may place one vehicle more at fault than another, such as if someone is rear-ended, the vehicle which hit the vehicle from behind is presumptively breaking the law.
Each province has passed various laws which regulate the manner in which drivers must operate their vehicles. A violation of any of the legislated prohibitions generally creates a presumption of negligence as a matter of law.
Other factors may affect responsibility for damages, such as whether a seatbelt was worn or not. For another example, if a motorcyclist is injured without wearing a helmet, the driver may not be liable for the motorcyclist’s brain injury.
Police reports and witness statements are often critical evidence of whom is at fault and how much. Often times there may be discrepancies between the various witnesses and drivers, and that is why you need an experienced personal injury lawyer to advocate for your case and prove negligence on the other driver. If liability is a contested topic, it may be that your claim ends up settling on a percentage basis by allocating a certain amount of fault to each driver and settling your claim accordingly.
If you or a loved one think that someone was at fault for an accident you were involved in, you should contact our office for a free no-obligation evaluation of your claim. Our law office will help assist you in discovering whether some other driver was negligent or reckless in causing you harm and whether you may have a claim.
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