Understanding Your Rights for Compensation
If you have been injured in an accident caused by another driver’s negligence or failure to use due care, you have a legal right to claim compensation for your losses. These losses, called damages, can include various expenses related to your injury, such as lost wages if you are unable to work, rehabilitation costs, and compensation for pain and suffering.
Defense Tactics in Accident Lawsuits
In car accident lawsuits, defendants often argue that the accident was not their fault or the result of uncontrollable circumstances. However, if the defendant has been charged with a traffic violation or criminal offense, such as DUI, related to the accident, courts usually view this as evidence of their liability. Another common defense is that the accident was unavoidable due to factors such as weather conditions or an animal crossing the road. Courts, however, often determine that the accident was avoidable with proper precautions and careful driving.
Case Study: Jones v. Jones (2021)
Background of the Case
In a recent personal injury lawsuit (Jones v. Jones, 2021), the defendant sought to have the lawsuit dismissed by arguing the accident that injured his passenger was inevitable. The defendant’s wife, who was seriously injured when their motorcycle hit a deer during a holiday trip in northern Wisconsin, sued him for damages. Mrs. Jones, the plaintiff, was thrown from the motorcycle and spent nine days in a U.S. hospital before returning home to Toronto.
Legal Analysis and Judge’s Decision
Proving an ‘Inevitable Accident’ Defense
In Ontario courts, the burden of proving that an accident was unavoidable is on the defendant. Justice Cassullo referred to the landmark case of Rintoul v. X-Ray & Radium Industries Ltd. (1956), where it was held that the defendant must prove that it had no warning of the danger and that it was not warned of the danger. The judge held in Radium Industries Ltd (1956), where it was held that the defendant had to prove that it had no warning of danger and that no reasonable measures could have prevented the accident. The judge also cited examples of vehicle-animal collisions, noting that factors such as weather, road conditions, and driver experience are critical in determining negligence.
Evidence and Conclusions
Judge Cassullo found that the Defendant’s driving was negligent and caused the accident. The Defendant was driving in the rain without proper safety equipment, failed to maintain a safe distance from other vehicles, and exceeded the speed limit despite poor conditions and wildlife warnings. Just prior to the collision, the defendant was distracted while talking to his passenger. These actions led the judge to deny the motion for summary judgment, ruling that the case required a full trial.
Even without ruling on negligence, the judge noted that the Wisconsin law’s position on the inevitability of accidents required further inquiry, and the defendant had failed to adequately answer the question. In addition, many American states have criticized or abolished the principle of accident inevitability in automobile cases.
Steps to Take After an Accident
Immediate Actions
If you are involved in an accident involving a motorcycle, pedestrian or car, you need to act quickly. Contact the police to file a report, seek immediate medical attention, and gather as much evidence as possible, including witness statements and photographs.
Legal Support
For those injured in such accidents, consulting with an experienced Toronto lawyer at Car Injury Lawyer Near Me can be crucial. Our team at Car Injury Lawyer Near Me has extensive experience in securing fair compensation for accident victims. We are well-prepared to counter any defense, including claims of inevitable accidents, and strive to resolve cases effectively, often without the need for a court trial.
