Toronto Car Accidents Caused by Negligence
Negligence is: “failure to exercise the care that a reasonably prudent person would exercise in like circumstances”. In the legal sense, negligence is the actions or inactions of a party that violate that party’s duty of care to another party.
For example, a person is driving while intoxicated, runs a red light, and hits another car. There are two negligent acts in this case:
- Driving while intoxicated
- Running the red light
The driver breached his or her duty of care to operate a vehicle in a reasonably safe manner, first by driving drunk and then by running a red light. Both actions constitute negligence and could, therefore, be used by a Toronto auto accident lawyer to seek recovery.
Taking Legal Action
If another party caused a person’s accident and they suffered injuries and damages, they have a right to take legal action, on the grounds of their personal injury claim against that party. The at-fault party is the person, business, or entity that acted negligently and caused their accident.
To be successful in your personal injury claim, you must establish four elements, one of which is negligence:
- Duty of care
- Breach of duty of care (negligence)
If someone cannot prove the other party was negligent, they might not have a claim for damages. While it may seem obvious that another party was negligent, it is not as easy to prove it as someone may think. Even if they can establish negligence, they must still prove that the defendant’s negligence caused the accident and that they suffered injuries and damages.
Insurance companies might attempt to disprove claimants’ allegations that its client (the defendant) acted in a reckless or negligent manner, and/or that those actions led to their injuries and damages.
Proving any element of a personal injury claim requires adequate evidence. To prove negligence, evidence often includes:
- Eyewitness statements
- Surveillance footage of the accident
- Photographs of the accident scene
- Police reports
Lawyers might even work with expert witnesses who can testify about various elements of your claim, including whether the defendant’s actions constitute negligence. When you are recovering from a serious injury, collecting this information is the last thing you want to worry about. Working with a personal injury lawyer can relieve the burden of determining and proving negligence in a personal injury claim.
Experienced lawyers have the resources to investigate your claim and identify the negligence that led to your accident. Learn about your options for recovery and make sure that you are getting the compensation to which you are entitled.