Fault for Car Accidents in Ottawa

The core of a personal injury claim is determining fault: who is responsible for causing your accident. Anyone who is acting in a negligent manner can cause accidents. There are many sources and parties who may have partial or fully culpability in your accident. Some common sources of fault include:

• Government – If the road conditions are dangerous or the roads haven’t been maintained, then the government itself and its agencies are the negligent party in your accident. They can be held accountable if they’ve failed in their duty to keep the road safe and hazard-free.
• Dram shops – Anywhere that serves liquor has a duty to not over-serve their patrons. If they failed in that duty and it led to intoxicated driving, the establishment can potentially be held accountable alongside the intoxicated driver.
• Drivers – Drivers who are drunk, texting, or otherwise distracted are guilty of careless driving until the Ontario Highway Traffic Act. Anyone who drives without “reasonable consideration for other persons using the highway” can be held at fault in the event of an accident (130.5).
• Auto parts – If part of your car breaks and that causes the accident, there are a multitude of people who may be at fault. Including the car manufacturer, the part designer, your mechanic, or safety inspectors.

There are others who may be held liable for your accident, including rideshare companies and others. That’s why it’s important to work with an experienced personal injury lawyer in Ottawa who can help you identify all possible areas of negligence to determine who is at fault, and help you get all the compensation you deserve after an accident. Contact us now to schedule your free consultation and learn how our lawyers can help you.

Sources of Compensation after a Car Accident

If you were injured due to another person’s negligence, you can be entitled to compensation, but you may be wondering, where does that money actually come from? And how much is your claim worth?

There’s a few possible sources of compensation after your accident. Two of the major ones include filing a no-fault accident claim, or a tort claim.

No-Fault Benefits

Since Ontario is a no-fault province when it comes to car insurance, you’ll be able to file a claim with your auto insurance provider regardless of who is at fault for your accident. So even if you were at fault for your accident, you can still collect no-fault insurance from your provider. 

Some common types of claimable no-fault insurance benefits include: 

• Accident-related medical expenses
• Income replacement
• Cost of attendant care and caregiver services

There are certain limits on the coverage and compensation you can claim based on the severity of your injuries, so it’s best to speak to a personal injury lawyer to learn if there’s additional compensation you can claim after an accident.

Negligence Tort Claims in Ottawa

A tort claim is a legal filing that records an act that has caused injury or general harm to another party. Generally, its purpose is to provide compensation to the injured party, or bring the negligent party to justice. In the case of a car accident and personal injury claim, the it becomes a negligence tort claim.

A tort claim will cover damages that aren’t included by no-fault accident insurance. Those damages are known as non-pecuniary losses – or basically, non-economic losses. Losses that aren’t measurable in expenses or lost income, such as psychological damage (trauma) or pain and suffering, emotional distress, loss of future earning potential, diminished quality of life, disfigurement or scarring, and much more. 

It’s important to speak to an experienced car accident lawyer in Ottawa to ensure you understand fault in your accident, and can seek the proper compensation. Contact Auger Hollingsworth today to schedule your free consultation, and don’t forget that we don’t get paid until we earn you a settlement or judgement.