Most personal injury and wrongful death claims arise out of car accidents. This is probably not surprising considering how many car crashes happen every single day on Ontario roadways. Unfortunately, many of the injuries and deaths that stem from these car crashes probably could be avoided if the at-fault driver had followed traffic laws or paid more attention to the roadway.
As with most types of injurious and fatal accidents, determining the at-fault party in a car crash involves figuring out who was negligent. Most individuals involved in an auto collision and the witnesses will have a general "feeling" as to who was negligent or who caused the crash to occur. However, in legal terms, it is important for attorneys and civil court judges and juries to analyze a variety of factors before making such a determination.
The most common accident-causing factors that legal professionals look for include disobeying traffic signals and traffic signs, failing to use a turn signal, speeding and driving too slowly. Other accident-causing factors include driving inappropriately in severe weather conditions, driving while drunk, driving while intoxicated by drugs and reckless driving.
Ontario residents who suffer a serious injury in a car accident could be facing a long and expensive road to recovery. It is even possible that they will never fully recover from their injuries or the injuries might result in death. Nevertheless, those who are injured in a car accident and families of those who die may have strong claims for financial restitution under the law depending on the facts of their case. Although no amount of money could ever completely resolve the pain and damages of an accident or the loss of a loved one, a successfully navigated personal injury or wrongful death lawsuit could help individuals recover money to pay for medical care, end of life expenses, funeral and memorial costs, lost income, pain and suffering and compensation for other types of damages.
Source: FindLaw, "Car accident basics" Nov. 13, 2014