Feb 5, 2019
If a driver's actions cause a motor vehicle accident in Ontario, an injured victim may have grounds to file a claim for damages in civil court. Such personal injury lawsuits are typically based on evidence of negligence. Drivers owe a duty of reasonable care to others, including their own passengers, other motorists and those in or near the roadway.
Impaired driving, speeding and distracted driving are all significant concerns, along with disobeying traffic devices and passing illegally or where it is not safe to do so. In some cases, a third party may bear some responsibility for an accident. Automobile manufacturers can face products liability claims if vehicle defects cause accidents, and municipalities might bear financial responsibility if potholes, malfunctioning traffic lights or negligent road maintenance cause a crash. Also, bars or restaurants that serve alcohol to an obviously inebriated patron who then causes an accident can be sued.
Before liability can be established in court, the plaintiff must prove that the defendant owed him or her a duty of care, which was breached. It must also be shown that the defendant's negligence caused the plaintiff to suffer monetary damages. Economic and noneconomic damages can be included in documented claims.
Pursuing financial relief after an automobile crash is a daunting prospect because personal injury law is complicated. For that reason, crash victims typically make sure they have experienced legal counsel to represent their interests. The support and guidance of a personal injury lawyer can significantly improve an individual's chances of securing a monetary judgment from an Ontario court.