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Steps taken after car accidents may influence recovery of damages

Being involved in motor vehicle crashes are never anticipated, and victims are often unsure of what to do immediately afterward. When car accidents are caused by the negligence of others, injured victims in Ontario typically have the choice to pursue financial relief. However, the steps they take — or fail to take — in the aftermath of the crash may jeopardize their chances of a successful personal injury claim. Notify the police if there are injuries or if other driver/s appear to be under the influence of drugs or alcohol. Remain at the scene. Provide a statement to police and keep a copy. Taking cell phone photos of the scene and the vehicle damage might prove beneficial at a later stage. However, medical treatment is the primary concern — even if there is no apparent concern, some injuries only become evident after hours or even days. Retaining all documents related to medical treatment is essential because it will be required by the court when claims are adjudicated. The next step for the injured victim to take is to inform his or her auto insurer and to complete the necessary forms for prompt submission — there may be time limits to meet. The insurance provider  of the driver considered at fault may try to arrange a quick settlement, but it might not be in the best interests of the injured party to sign any deals just yet. It is essential to understand that the other party’s insurer will not necessarily have the best interests of the injured victim at heart. Instead, seeking the support and guidance of an Ontario personal injury lawyer who is experienced in all matters related to car accidents is typically a smart move. An attorney can help gather the information that is typically critical to pursue recovery of damages. Furthermore, a lawyer can navigate the legal proceedings and work toward achieving full and fair compensation for an injured victim.

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Establishing negligence in a tort claim can be challenging

Ontario residents who have suffered loss or harm due to another person’s wrongdoing may not realize that they may have grounds to seek recovery of damages. The victim may file a tort claim in a civil court against the person who is deemed to be financially responsible. However, for any personal injury claim to be successful, the plaintiff must establish negligence on the part of the defendant. It must also be shown that the defendant’s negligence was the proximate cause of the plaintiff’s injuries. Every person has a duty of care toward other people to ensure they do not act in a manner that would cause harm to them. To weigh negligence, the court considers whether the accused party had such a duty and, if so, whether it was breached. Negligence can result from intentional or unintentional acts, and a person could even be accused of negligence in failing to take action — such as neglecting to shovel snow from a sidewalk. In determining whether the defendant was negligent, the court will consider whether that person had a duty of care and whether he or she failed to take due care. The court will then determine whether that failure caused the plaintiff any harm. In some cases, multiple parties may be named as defendants. For example, in an accident caused by a commercial truck driver, the employer and/or truck owner can be sued along with the driver. Establishing negligence in a tort claim can be a challenging endeavour, and victims of car accidents typically rely upon experienced personal injury lawyers to help navigate the civil justice system. An Ontario lawyer can provide the necessary guidance every step of the way. The successful presentation of the complaint and properly documented claims may lead to a monetary judgment against the defendant.

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Impatience, gap shooting and other causes of car accidents

While many Ontario drivers may think drunk driving, speeding and texting cause most crashes, other more fundamental drivers’ errors are often to blame. While it is true that distracted driving causes many car accidents, it is not only mobile devices that cause distractions. Anything that diverts the attention of the driver can cause a devastating crash in the blink of an eye. It could be attending to a child in the rear seat, admiring the surrounding landscapes and more. Impatience is the cause of many highway crashes, and drivers who are frustrated if traffic moves too slowly often do what is known as shooting gaps. These drivers dart from one lane to another whenever the slightest gap appears, and they are usually already looking for the next gap. This practice is particularly dangerous when merging into traffic and making left turns. Speeding is another road hazard, particularly in adverse weather conditions. Injuries in high-speed crashes are typically worse than those caused by accidents in which all involved were driving at the posted speed limits. Intersection violations frequently follow one of two errors. Some drivers speed up as they approach a traffic light in an attempt to beat it and then rush into the intersection as the light changes to red. The second intersection error occurs when a speeding driver realizes he or she will not make it in time and then slams on the brakes. This often leads to rear-end crashes, and it also brings up the problem of insufficient following distances, which is the most prevalent cause of rear-end collisions. Leaving enough space to come to a safe stop if the car in front comes to an unexpected halt is the ideal following distance. Sadly, even those Ontario drivers whose priority it is to drive in a manner that will help them to arrive at their destinations safely may be injured in car accidents caused by negligent drivers. Victims may seek recovery of damages such as medical expenses, lost wages and emotional damages by filing personal injury lawsuits in a civil court. A lawyer who is experienced in the navigation of such lawsuits can be a valuable asset in the corner of an injured motorist.

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