Over the last decade, the Ontario Provincial Government has been one of the leaders in North America to take measures to reduce the amount of motor vehicle accidents on our roadways. Despite a plethora of measures to make the roadways safer, including making it harder to receive a driver’s license, driver error continues to be the leading cause of motor vehicle accidents. Today we’ll examine why driver error takes place, and steps that can be taken in order to prevent it.

When it comes to filing a motor vehicle accident claim either with your insurance company or against another driver, the main point to prove is who was at fault for the accident arising. As we mentioned earlier, the leading cause of accidents is driver error. However even admission of guilt doesn’t necessarily mean one person’s error will lead to another person’s compensation. In other words, just because someone is at fault, does not mean they have to pay you.

Under tort law, which is used to govern civil disputes, such as compensation claims for accidents, the victim and their attorney must prove the defendant was negligent, while disproving their own negligence. Within tort law, negligence is defined as occurring when one person’s actions or lack of actions leads to the injuries or damaged property of another person. The four steps to proving negligence are duty of care, failure of care, cause and damages. In order to prove your own innocence, and the guilt of someone else, you have to indicate each stage of negligence. Theoretically, if you can prove that someone owed you a duty of care and failed to live up to that duty of care, cause and damages become much easier to prove in a court of law.

Negligence and driver error relate to one another when an accident takes place. Essentially, if you are hit by another vehicle and sustain injuries, the fact that the driver committed the error of not stopping to avoid you would prove that the driver is negligent for your injuries taking place. Basically, the driver owed you a duty of care, to not hit your car with theirs and follow the rules of the road and operate their vehicle in a safe and controlled manner. When they didn’t stop, they failed to live up to the duty of care, which consequently caused your accident and damages to be sustained.

The three main types of accidents, which arise from driver error, are failure to adhere to traffic signs, yield and rear end collisions. Failure to adhere to traffic signs arises when one car runs a red light and collides with a car that may be turning or has right of way. In this scenario, both drivers may be found at fault, as the driver running the red light should have stopped. Meanwhile the car turning should have made sure it was safe to turn, before committing to their turn. In this scenario, both drivers would have to compensate the other, since they each were at fault. Such situations can be very difficult to determine an outcome and receive fair compensation without the professional help of an accident lawyer.

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Looking for top-notch Toronto personal injury lawyers with years of experience? Then visit Personalinjurylawyersintoronto.ca and find out how these accident lawyers Toronto can handle your injury case and make sure you get what you deserve.
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Author Bio: Looking for top-notch Toronto personal injury lawyers with years of experience? Then visit Personalinjurylawyersintoronto.ca and find out how these accident lawyers Toronto can handle your injury case and make sure you get what you deserve.

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