How Is Fault Determined In An Accident?

Being injured in a car accident is a traumatic experience. You are dealing with the physical and emotional injuries from the accident while you also deal with the financial damages. Medical bills and lost wages can quickly reach tens of thousands of dollars. If you suffer a traumatic injury, you could suffer hundreds of thousands of dollars in damages and future damages.

Your no-fault insurance pays some of the costs, but you may need additional assistance. If another driver caused the car accident, you might have a claim against that driver. Unfortunately, you may need help filing a personal injury lawsuit to recover damage, especially if the insurance company for the other driver has assigned fault for the collision to you.

Assigning Fault for Ontario Car Accidents

Insurance companies use a detailed set of rules to assign fault in a motor vehicle accident. The Fault Determination Rules contain detailed diagrams and explanations of various car accidents to help insurance companies assign fault for the collision.

For example, the Fault Determination Rules state that a driver who rear-ends another vehicle traveling in the same direction is always at fault. The Rules place 100 percent of the fault on the rear driver regardless of whether the vehicle in front was stopped or moving. Even if the driver slammed on brakes for no reason, the driver of the rear vehicle is blamed for the accident.

The Fault Determination Rules cover all conceivable circumstances for a car accident. Examples of accidents that the Rules cover include:

  • Rear-end collisions
  • Multiple vehicle crashes
  • Left-hand turn accidents
  • T-bone collisions
  • Head-on crashes
  • Parking accidents
  • Accidents occurring while merging

Fault Determination Is Not the Final Ruling

If the insurance company for the other driver assigns fault in your case, this does not mean you should not contact an Ontario car accident lawyer. In many cases, fault is assigned incorrectly. It is always in your best interest to obtain advice from an experienced lawyer who understands the Fault Determination Rules, Ontario’s no-fault insurance laws, and personal injury laws governing car accidents.

Causes of Ontario Motor Vehicle Accidents

Numerous situations can lead to a motor vehicle accident, and more than one factor can contribute to the cause of the crash. For example, a driver may be speeding in heavy rain when he loses control of his vehicle and slams into another vehicle. Both the weather and the speed may have been factors in the car crash. Sorting out the cause of the collision is often the first step in determining fault for a crash. Examples of factors that can contribute to a motor vehicle accident include:

  • Speeding and reckless driving
  • Drunk or drugged driving
  • Driving while fatigued or drowsy
  • Distracted driving, including texting while driving, grooming, eating, and adjusting vehicle controls
  • Defective or dangerous roads
  • Weather conditions

Ontario’s no-fault insurance requires you to deal with your insurance company. Our Ontario car accident lawyers can help you deal with the insurance adjuster from your insurance company and the insurance adjuster for the at-fault driver. Sorting out fault and insurance coverage can be complex. Insurance companies would much rather “pass the buck” to the other company if possible. Having an experienced lawyer on your side can mean the difference in receiving full compensation and receiving a fraction of what your accident claim is worth.

Call for A Free Appointment with An Ontario Car Accident Lawyer

If a negligent driver caused your injury, do not simply accept whatever the insurance adjuster tells you. Get advice from an experienced lawyer who has your best interest as his top priority.

Call Diamond and Diamond at 1-800-567-HURT or visit our website to speak to someone now. Our team of lawyers offers free consultations and no-obligation case evaluations.

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