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Public transit in Ontario is fairly well regulated. Buses are regular, roadways are properly maintained and it all seems pretty well developed. However, there comes a time when you might be involved in a public transit accident. The causes are usually different – distracted driving on behalf of the public driver or of a third party, improper road conditions and tons of other potential reasons. There are, however, quite a lot of things that you would have to take into account if you find yourself injured in an accident of the kind.
Identifying the liable party
It’s obvious that you would have to direct your claim towards an entity of some kind. Public transit in Ontario is responsibility of the municipality. That’s right – if you are involved in an accident of the kind, the municipality should be the one to pay you the compensation. The process, however, might be a bit trickier than you think.
Different terms for notice and filing
When it comes to personal injury law, the Statute of Limitations poses some particular specifications to be aware of. In order to legitimately file a claim against a regular civil defendant you’d have to notify him no more than 10 days after the accident has happened. You then have 2 whole years to handle and file the claim.
However, when it comes to suing the municipality, there are additional specifications to be duly aware of. First off, the notice term is the same – you still have to give written letter of intent that you are going to pursue legal actions not later than 10 days after the accident. However, once you do, you wouldn’t be able to file your claim for the next 60 days. This is the big difference here. These two months are provided to the municipality so it can conduct its own research and investigation and potentially present you with a way to solve the case without going to trial. You are literally blocked for 60 days without alternatives.
Slow process
Now, after the 60 days are gone and you file the case, you will be even more disappointed to find out that your hearing is scheduled in about 2 years. That’s right – this is how fast the court of Ontario usually works. The workload is huge and there is just not enough personnel and physical storage capacity to handle the immense caseload. This results in delays and dramatic waiting periods which are firmly capable of obstructing one of the main principles of the law – timely and adequate justice. However, like it or not, that’s the way things are currently and there are no ways around it. Having a good lawyer can be a help. They will not only take care of all aspects of the claim filing but ensure that you are not low balled by the insurance company. That is why it is necessary to pick a lawyer that is experienced in negotiations and stand at trials.