Determining Fault In A Toronto Car Accident Claim - Diamond and Diamond Lawyers

Determining Fault In A Toronto Car Accident Claim


Someone is usually at fault when a car accident happens in Toronto. It is not uncommon for multiple drivers to be at least partially at fault when their negligent behaviour contributes to causing a collision. Drivers must exercise the same standard of care in operating their motor vehicles as would be expected under the same circumstances from a person who is reasonably prudent. The theory behind this is that a reasonably prudent person would maintain control over a vehicle and keep a lookout for others using the roads or hazards in order to avoid doing harm to others.

A car crash happens so quickly and with such violent force that the occupants of the vehicles involved might not be able to explain what caused it to occur. Determining fault following a Toronto car accident usually requires a review and investigation of the facts and circumstances of the accident by an experienced personal injury lawyer.

Fault determination under the Insurance Act

When the only damage caused by a car accident is to the vehicles or to fences and other types of property, determining fault is made using the Fault Determination Rules of the Ontario Insurance Act. Based upon their investigation of the accident, insurance companies assess the degree to which each driver was at fault in causing the accident using predetermined accident scenarios contained in the Fault Determination Rules and applying the scenario that most closely matches the circumstances of the accident.

If you suffer a personal injury in a Toronto car accident, your auto insurance provides Statutory Accident Benefits Coverages that pay the some of your expenses regardless of who was at fault in causing the accident, including:

  • Lost earnings and income
  • Caregiver compensation
  • Medical expenses payment
  • Rehabilitation expense payment
  • Expenses for attendant care

Proving another party was at fault in causing your injuries allows you to file a lawsuit seeking compensation in addition to what you could receive under Statutory Accident Benefits Coverage, including damages for pain and suffering.

Proving another driver was negligent

In order to sue another driver for damages, you must prove the negligence of the other driver caused the accident. Proving that another motorist was negligent requires evidence of the following:

  • Existence of a duty of care
  • Breach of the duty of care
  • Causation
  • Damages

The duty of care owed by a driver to other people using the public roadways as occupants of vehicles, pedestrians and bicyclists is to maintain control over the vehicle, obey traffic laws and generally operate the vehicle in a way that does not cause harm to others.

Breach of the duty of care may occur in any number of ways, including the following:

  • Driving while under the influence of drugs or alcohol
  • Speeding
  • Driving recklessly
  • Tailgating
  • Driving while distracted
  • Driving while drowsy

Engaging in these and other unsafe behaviours violates the duty drivers owe to other people by putting them at risk of injury in an accident.

The element of causation is proven by evidence establishing that a driver’s negligent or unsafe behaviours caused the accident that resulted in the injuries suffered by the person making the claim for compensation. Damages are connected to causation because injured parties must prove they suffered some type of loss as a result of the collision.

Toronto personal injury lawyers

Toronto personal injury lawyers at Diamond and Diamond have years of experience successfully handling claims for compensation on behalf individuals injured in Toronto car accidents. Their knowledge of the law and legal skills have helped them prove fault on the part of motorists responsible for causing accidents that injured their clients. Learn more about your right to recover compensation by speaking with one of our lawyers. Call the Diamond and Diamond 24/7 injury hotline at 1-800-567-HURT or visit our website to speak to someone now. We have offices located throughout Ontario offering free consultations and case evaluations to injury victims and their families.

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