Car Accidents Legal Center – Ontario, Canada
Car accidents are a leading cause of injury and fatalities in Ontario. According to the Ministry of Transportation, car accidents have continued to rise, with thousands of individuals involved in collisions each year. Many of these accidents result in severe injuries, and unfortunately, some lead to fatalities. When the accident is caused by someone else’s negligence, the victim or their family may be entitled to compensation through legal action.
What to Do After a Car Accident in Ontario
If you are involved in a car accident and are able to talk and move around, it’s important to take the following steps:
- Exchange Information: Get the other driver’s contact and insurance details.
- Do Not Admit Fault: Avoid discussing fault at the scene, as it can harm your case. Even if you believe you may be at fault, it’s best to leave that determination to the authorities and your legal representation.
- Document the Scene: If possible, take photos of the accident scene, vehicle damage, and any visible injuries.
Car accidents in Ontario can be caused by a variety of factors, including:
- Distracted Driving: Texting, talking on the phone, or other distractions that take the driver’s attention off the road.
- Impaired Driving: Driving under the influence of alcohol or drugs.
- Hit and Run Accidents: When a driver leaves the scene without exchanging information or helping the injured.
- Uninsured/Underinsured Motorists: Accidents involving drivers without sufficient insurance coverage.
- Head-On Collisions: Accidents where vehicles collide front-to-front.
- Failure to Yield: When a driver doesn’t give the right of way as required by law.
- Side Impact Collisions: Accidents where one vehicle strikes the side of another.
- Rollover Accidents: When a vehicle overturns, often due to high speeds or dangerous driving.
- Mechanical Malfunctions: When vehicle failure, such as brake failure, leads to an accident.
- Defective Car Parts: Faulty car parts can contribute to accidents, making the manufacturer or supplier potentially liable.
- Aggressive Driving: When drivers exhibit road rage or aggressive behavior, leading to accidents.
- Multi-Vehicle Collisions: Chain-reaction accidents involving several vehicles.
- Teen Driver Accidents: Accidents involving young, inexperienced drivers.
- Elderly Driver Accidents: Accidents caused by older drivers with potentially slower reaction times.
Recovering Damages for Car Accidents Caused by Multiple Defendants
In some cases, multiple parties may be responsible for causing a car accident. For example, a construction company may fail to properly mark roadwork, causing an accident when a driver loses control due to road conditions. If the accident is also caused by a drunk driver or another negligent party, the plaintiff (victim) may have several parties to pursue for compensation.
An experienced personal injury lawyer will investigate all potential causes and responsible parties in an accident. This can help maximize the recovery for the victim. In the example above, the victim could potentially file a claim against the construction company, the city, the drunk driver, and even the manufacturer of the defective vehicle parts.
In Ontario, if you pursue a claim after an accident, it’s crucial to act promptly, as you only have one chance to recover damages for your injuries. If you sue only one party but others are also responsible, you may lose the opportunity to pursue claims against the other at-fault parties.
Joint and Several Liability in Ontario
Ontario follows the principle of joint and several liability, meaning that multiple parties can be held responsible for the entire amount of damages if their actions collectively caused the injury. This principle ensures that if one party is unable to pay their share of the damages (for example, if they are uninsured or bankrupt), the other responsible parties can be held liable for the full amount of compensation.
For example, if an accident is caused by multiple parties (e.g., a drunk driver, a fatigued driver, and a city that failed to maintain the road properly), the plaintiff can recover the full damages from any of the responsible parties. If the defendant is unable to pay, they may seek contribution from the other at-fault parties.
However, in Ontario, the compensation a plaintiff can receive will generally be based on the percentage of fault attributed to each party. For example, if the drunk driver is found to be 60% at fault and the city is 40% at fault, the plaintiff will recover 60% of the damages from the drunk driver and 40% from the city, unless other arrangements are made.
Legal Action and Car Accident Claims
After a car accident, it’s important to seek legal representation from a personal injury lawyer who specializes in car accidents. They can help navigate the complexities of insurance claims, ensure that you receive fair compensation for your injuries, and represent you in court if necessary.
Ontario’s laws provide a clear process for victims of car accidents to seek compensation, but the process can be complex. A skilled lawyer can help you understand your rights and guide you through the legal process to ensure that you receive the compensation you deserve.
Last Reviewed: October 2024
This guide is for informational purposes only and is not intended to provide legal advice. If you are involved in a car accident in Ontario, it’s important to consult with a qualified lawyer to understand your rights and legal options.