Proving Liability for an Accident

When building a case after a car accident your primary concern is proving liability for an accident. While some accidents are just that—accidents—many are due to careless driving, or in legal terminology: negligence. In order to build a case and prove liability for an accident you must prove negligence.

While every accident case is different there are common, and easy, ways to prove negligence on the part of the other driver. The primary reasons for negligence include:

·The driver being charged with a legal offence

·Driving with a license under suspension

·Disobeying traffic laws

·Failure to yield or stop

·Driving in excess of the posted speed limit

·Driving under the influence

·Aggressive driving

·Distracted driving, including texting, talking on the phone and other distractions

·And other forms of careless driving

Proving negligence in car accidents is not always cut-and-dry, although some cases are easier to prove than others. As an example, proving negligence due to impaired driving can be significantly less problematic than with aggressive driving.

What is Negligence as it Relates to Proving Liability for an Accident?

Legal negligence is the failure of a driver to exercise reasonable caution, in disregard to their legal obligation to drive safely and in accordance with the law. The issue with proving negligence is that the burden of proof lies with the person alleging negligence, in accordance with our innocent-until-proven-guilty legal framework.

How is Negligence/At-Fault Decided in Ontario?

Proving liability for an accident, aka proving at-fault accidents, is a difficult process as many factors need to be considered. As a general guideline in traffic-based accidents where no extenuating circumstances apply (such as impaired driving or driving under a suspended licence) the Fault Determination Rules set out in Ontario’s Insurance Act (used by insurance companies to determine fault) can be used as an initial assessment tool.

When it comes to proving liability for an accident the details need to be examined by a legal professional with successful litigation experience in motor-vehicle accidents. And when it comes to accident attorneys in Whitby & Oshawa, there is no more successful than the lawyers at Conte & Associates

View More Articles