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Being able to determine who is legally responsible in a vehicle accident of any kind, especially in a car accident, can be rather challenging. The person who wants to bring up the lawsuit or to make a claim towards the insurance company for damages needs to be able to prove that the other person was actually negligent. Of course, this doesn’t mean that the defendant in the case doesn’t have the ability and the right to fend off the blame and to defend himself in a manner.
There are a few different institutes which could be taken advantage of and it’s something rather important to be considered. The systems of contributory and comparative negligence are both available but they need to be carefully regarded, so let’s have a look.
Comparative negligence
This is an institute which allocates the fault between both parties. Under this system, the defendant is able to raise a partial defense as he would claim that the plaintiff was also at fault. Now, it is important to note that there are two sets of rules which are to be taken into account here.
· Pure comparative negligence. This is a system of rules which governs that the plaintiff is capable of recovering damages, regardless of the extent of his own fault. For instance, even if the fault of the plaintiff is higher than the fault of the defendant, he’d be capable of doing so.
· Modified comparative negligence. This is the other type of rules which govern this particular institute. In these cases, the plaintiff would not be able to claim damages if his own fault exceeds a given amount, which is determined in advance.
Contributory Negligence
This is something which is in full force in the province of Ontario and there are a lot of legal enactments which stipulate it, the Dog Owner’s Liability Act being a prime example. This is particularly harsher in comparison to comparative negligence because you might be denied compensation altogether if the defendant is capable of proving that you were the one that caused the accident.
It’s important to note out that these rules apply only in situations which are not covered by the “no fault” rule which is in full force in Ontario. Therefore, if you are taking the case to a court, you can take the aforementioned into account but apart from that, they’d be rather irrelevant because the “no fault” rule would render them obsolete. This is something very important and it needs to be taken into proper account.
Fault allocation is amongst the most important things which need to be handled and it’s best if you rely on a professional personal injury lawyer with years of experience to do so. Trying to do it on your own can lead to a denial of compensation which at this point, after the accident, you cannot risk. That is why it is best to discuss and then hire a trusted lawyer.