Toronto Motor Vehicle Accident Lawyer
Motor vehicle accidents are on the rise in Toronto, and it is not difficult to understand why. As Canada’s largest and fastest growing city, there are more trucks and vehicles on the roads and highways than ever.
During the colder months, Toronto’s inclement weather makes these roadways treacherous, while the summer months see an influx of motorcycles on the roads taking advantage of that glorious sun.
But understanding the reasons for motor vehicle accidents is one thing, knowing what to do after you have been hurt in one is another. Therefore, if you have been involved in an accident, contact a Toronto motor vehicle accident lawyer who can help. An experienced personal injury lawyer can assist you in recovering damages and ensure that your claim is as strong as possible.
Common Types of Accidents
Any time a car, truck, or motorcycle is on the road, there is a risk that an accident could occur. However, some types of accidents are more common than others in certain areas. In Toronto, the most common types of motor vehicle accidents are:
- Rear-end accidents. This is the most common type of accident in Toronto and typically occurs when one car is following another car too closely.
- Turns at intersections. There can be a number of reasons why a turn at an intersection goes wrong. Often motorcycles are hit by a turning car, because the driver simply does not see the motorcycle. In many instances, young drivers get hit by oncoming cars as they are trying to turn because they simply do not have the experience needed to make a proper judgement call about the amount of time they have to turn.
- Single vehicle collisions. Accidents involving just one motor vehicle happen more often than people realize. And many think they do not need a lawyer afterwards because no one else was involved. However, that may not be true. In some circumstances, there can still be liability on another party. For instance, if the driver of a car hit road impairments that should have been fixed by the City, there could be the potential for a tort claim. Either way, in Ontario, anyone involved in a motor vehicle accident still has access to Statutory Accident Benefits coverage even if there is no viable tort claim.
- Head–on collisions. While head-on collisions are not that common in Toronto, they do happen. And the reason for them is usually because one driver was trying to pass another vehicle too quickly, leaving them little time to react when oncoming traffic appears.
Anytime an accident occurs in Toronto, the parties involved should contact a Toronto motor vehicle accident lawyer.
Toronto Accidents and Ontario Insurance
Ontario, like all other Canadian provinces and territories, has basic insurance requirements all motorists must carry while they are on the roads. However, Ontario is quite unique, in terms of the interplay between the Statutory Accident Benefits system and the third-party tort system. This interplay is highly complex and lay persons often find themselves completely overwhelmed with the process.
In Ontario, anyone injured in a motor vehicle is required to seek Accident Benefits from their own insurance company in the case of an accident, instead of requesting it from the other driver’s insurance. There are strict priority rules which dictate where a party is expected to seek Accident Benefits coverage in the event that they do not own or are not operating a vehicle.
In the case of an accident where the injured party is not at fault of the accident, then the injured party will be able to commence a tort claim against the at-fault party in addition to receiving Accident Benefits from the appropriate insurance company.
The purpose of the tort claim is to seek damages for pain and suffering, past and future loss of income and future medical treatment among other things. Unfortunately, tort claims are highly convoluted and riddled with complexity. In addition, there are many statutory hurdles that have been implemented to limit a victim’s right to fair compensation. It strikes most people as quite odd, but the system is stacked in the favour of the insurance companies and as such, it is almost always necessary to have a Torotnto motor vehicle accident lawyer who is familiar with the nuances of the law and navigating the Insurance Act. Attempting to navigate the system on your own would be like walking through a minefield. One misstep can lead to an unfavourable result.
Anyone involved in an accident should always contact a Toronto motor vehicle accident attorney before speaking to the insurance company. They can work with the insurance company to help determine fault, prevent complications and holdups down the road.
An accident lawyer can also help the injured party get a fair settlement from the insurance company – something that they typically choose not to provide on their own.
Hiring a Motor Vehicle Accident in Toronto
No one imagines fighting with insurance companies and trying to prove that not only were you not at fault for the accident, but that your injuries and losses are related to the accident and not other causes. If you or someone you know has been involved in an accident, contact a Toronto motor vehicle accident lawyer immediately. They can review your case and give you the best chance after an accident.