- February 28, 2017
- by Will Davidson LLP
- car accident, car accident lawyer, faulty infrastructure, infrastructure accident, ontario car accident lawyer, Ontario personal injury lawyer, Personal Injury Lawyer, Will Davidson LLP,
Every day, around 200 car accidents occur in the City of Toronto and Greater Toronto Area (GTA). When these cases result in injuries, the victims sometimes require the services of an Ontario car accident lawyer to help them access compensation for their damages. In some cases, the accident survivor’s auto insurance coverage will not deliver the resources necessary to ensure a successful recovery. When this happens, the victims’ lawyers may need to initiate a civil case – but against whom? That depends on who, if anyone, is at fault.
Car accidents can be caused by a litany of circumstances, from drivers’ recklessness or inattention, to a car’s faulty components, to the disrepair of the road upon which the crash occurred. In this final example, your Ontario car accident lawyer may need to file suit against the city, town, or municipality where your accident occurred.
When is a public entity liable for my injuries?
Just over 10 years ago, the De la Concorde overpass collapsed near Montreal, killing five people and seriously injuring six others. None of the victims of this tragedy can be considered responsible for their injuries. This is an extreme example of unmaintained infrastructure causing injury, but it shows that these scenarios are not unheard of, particularly in a country experiencing a significant infrastructure gap.
Toronto’s Gardiner Expressway is frequently described in the media as “crumbling,” and in 2012 an independent study found that the highway posed ‘a significant safety hazard,’ according to the CBC. That same year, several cars were struck by falling concrete from the elevated roadway. If someone had been injured in those instances, an Ontario car accident lawyer could have initiated legal action against the road’s owner, the City of Toronto.
Icy or snowy conditions
To prove a party is responsible for your injuries, you must establish that that party owed you a duty of care, that that standard was not met, and that you suffered damages as a result of that party’s actions.
In Ontario, private contractors generally remove snow and ice from highways, while cities and towns care for local roads. Thus, when a public road is icy or snowy to the point that it causes an accident, the municipality that has failed to take reasonable efforts to ensure the road’s safety could be held liable, in full or in part, for your injuries.
Potholes and other disrepair
Like slippery or snowy conditions, bad driving surfaces can have an impact on your ability to safely operate your vehicle. When a law-abiding driver is injured in a single car accident caused by – for example – a pothole, that driver should not be left to recover from their injuries without financial assistance. Badly maintained road surfaces can cause dangerous circumstances for even the most capable drivers, and cities, towns and municipalities must ensure the safety of drivers in their jurisdiction.
Hurt in a car accident? Contact a Will Davidson LLP Ontario car accident lawyer
If you’ve been injured in a car accident caused by faulty or neglected infrastructure, contact an Ontario car accident lawyer at Will Davidson LLP today to set up a free, no-obligation consultation. Our team can help you decide on your next steps forward.