" When loss or damage is sustained by any person by reason of a motor vehicle on a highway, the onus of proof that the loss or damage did not arise through the negligence or improper conduct of the owner, driver, lessee or operator of the motor vehicle is upon the owner, driver, lessee or operator of the motor
Ontario Pedestrian Accident Lawyer
In Ontario, the Highway Traffic Act creates a reverse onus on a driver who impacts a pedestrian on a public roadway. This reverse onus provision is outlined in section 193(1), which provides as follows:
"When loss or damage is sustained by any person by reason of a motor vehicle on a highway, the onus of proof that the loss or damage did not arise through the negligence or improper conduct of the owner, driver, lessee or operator of the motor vehicle is upon the owner, driver, lessee or operator of the motor vehicle"
Therefore, a driver that causes injury to a pedestrian in Ontario is presumed negligent and has the burnden of proving otherwise. This is significant, as most negligence claims put the burden of proof on the injured party. Pedestrian accidents are an exception.
Although the reverse onus in Ontario pedestrian accidents is beneficial to injured pedestrians, it does not guarantee sucess in a pedestrian accident claim. It simply provides that a driver must establish in court that they acted reasonably. Because of the reverse onus, pedestrian accidents are often vigorously investigated by the driver's insurance company. The insurance companies understand that, in order to defeat a pedestrian claim, it is important to secure evidence early. As such, it is not uncommon for insurance companies to interview the involved parties, witnesses and even the investigating officers.
If you are a pedestrian that has been hit by a car or truck in Ontario, you should not speak with the other driver's insurance company as anything you say can be used to defeat or limit your claim. It is important to speak with an experienced Ontario pedestrian accident injury lawyer early before speaking with insurance representatives.
For a free consultation with a pedestrian accident lawyer, contact Iacobelli Law Firm at 416-900-1070 or toll free at 1-866-234-6093 or fill out our online contact form here. We provide free, no obligation, consultations to prospective clients.
As an Ontario personal injury lawyer, I have seen many serious car accidents and injuries that result from sudden and illegal lane changes. Motor vehicle accidents caused by improper lane changes result in serious injuries and sometimes fatalities. These accidents are especially dangerous when they occur on Toronto and Ontario highways, such as highway 400 accidents, highway 401 accidents and highway 407 car accidents. When a driver suddenly changes lanes, and either fails to signal or sideswipes into another vehicle, there is little, if any, opportunity to avoid the collision.
There can be challenges in proving that a Toronto car accident was caused by an illegal or sudden lane change. Although in some cases the police report acurately depicts the vehicle actions, there will often be disagreement among the drivers as to how the accident occurred. In Toronto suddent lane change accidents, it is important to obtain witness statements early before memories fade. Another way of proving the car accident was due to a sudden lane change may be with careful examination of the vehicle property damage.
If you or a loved one has been involved in a serious collision due to an illegal or sudden lane change, it is important to consult with an Ontario personal injury lawyer early so that important facts can be preserved in order to prove your claim. To request a free consultation with an Ontario car accident lawyer call us at 416-900-1070 or toll free at 1-866-234-6093 or fill out our online contact form here.
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Following a serious injury or accident in Ontario, Canada, you will no doubt have many questions about your rights and the insurance claims process. If you are the victim of a serious injury as a result of an accident in Ontario, or if you have lost a loved one, you should seek the advice of an Ontario personal injury lawyer. Every circumstance is unique, and there is no substitute for meaningful legal advice on your particular circumstance. There are, however, some common questions that are frequently asked following an Ontario injury accident, such as a car accident, slip and fall, or other personal injury accident. The information provided in this blog is of a general nature only and is not to be relied upon, and should not substitute the advice of a lawyer with regard to your particular and unique circumstances.
Below are some frequently asked questions about personal injury lawsuits in Ontario, Canada. If you would like to learn more, please contact our personal injury law firm and request a free consultation.
What Type of Accidents Can I Sue For In Ontario Canada?
Most personal injury lawsuits are premised on claims of negligence, and the breach of a duty of care. That is, if you are injured because of the fault of another person or company, you may be able to advance a personal injury claim in Ontario. Some of the more common Ontario personal injury cases involve Ontario car accidents, truck accidents, motorcycle accidents, slip and fall injuries, defective products and medical malpractice.
What financial compensation can I receive in a personal injury lawsuit in Ontario Canada?
The financial compensation available in an Ontario personal injury claim or lawsuit will depend on the nature of the injury and losses sustained, While most cases taken on by Ontario personal injury lawyers result in a settlement, there is no guarantee of compensatory damages. Since personal injury cases can vary greatly, it is best to speak with an Ontario personal injury lawyer about the prospects of your particular claim.
How do I pay for a Toronto personal injury lawyer?
In most Ontario personal injury cases, fees will be charged on a contingency basis – in other words, there is no charge unless and until you receive compensation. The fee is normally a percentage of your final settlement. At our Toronto and York Region Ontario personal injury law firm, the initial consultation with you is complimentary and absolutely free.
Still have questions? If so, contact an Ontario personal injury lawyer at Iacobelli Law Firm for a free consultation. You can reach us at 416-900-1070 or toll free at 1-866-234-6093 or request a consultation by filling out our online form here.
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Main Law Office and Mailing Address
15 Wertheim Court, Suite 303
Richmond Hill, Ontario L4B 3H7
1200 Bay Street, Suite 202
Toronto, Ontario, M5R 2A5
10877 Keele Street
Vaughan, Ontario L6A 0K6
Toll Free: 1-877-742-2529
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