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  • Who is to blame? Apportioning liability in motor vehicle accidents

    August 12, 2020

    With such extensive use of motor vehicles on roads, accidents are bound to happen. No one can be certain about them. Some accidents are minor, while some can be quite major with an immense amount of damage and personal injuries. The main question that arises is – ‘Who is to be blamed for accidents?’ 

    That is where apportioning liability of motor vehicle comes into the picture. This is when the liability of an accident is blamed on someone who has caused the accident. Sometimes it is equal, while the other times, there is a settlement about the percentage that the drivers have to pay for the damage. All this depends upon which driver was more at fault.

    There are many such instances where the question of ‘who caused the accident, ‘ or ‘whose fault was it’ is quite simple. In situations where one driver is at fault, the case becomes quite simple and less complicated as he/she is responsible for the mishap. In cases like these, the one who caused the accident will be liable for all the damage done to the cars or any injuries caused to people involved.

    For example, if a car is parked in the parking area and another driver is speeding and bumps into one of the parked cars, the one at fault here is quite simple to detect. The owner of the parked car can easily ask for full compensation from the other driver.

    The person who bumped the parked car is ‘at fault’ and is liable for any damages done. He will be accountable and would have to compensate for any dents on the car.

    Secondly, drink and drive cases are quite common nowadays. People do not realize the extensive damage that these cases can cause. Drinking and driving have caused a lot of accidents in the past with drunk drivers’ fault. The proof of the same can be easily collected from witnesses, cameras, and police reports. Also, the drivers’ statements are recorded for understanding the situation better and coming to a conclusion.

    Our personal injury lawyers Brampton are experts in getting full compensation when the fault wasn’t that of our clients. The opponent generally pays an approximation of the full compensation for all the damages done and injuries caused during the accident.

    However, there are many situations where it is not clear who or what caused the accident. In instances like this, it gets quite difficult to determine who should be held accountable and liable for the damages and injuries caused. Some cases involve equal faults’ of the drivers, while some situations are different.

    For example, in a situation where both the drivers are at fault, both can be held accountable. Like, when one car is speeding, and the other is driving on the wrong side. If the two meet with an accident, it gets quite difficult to analyze whose mistake it was. To conclude this situation, some witnesses have to collect the speed limit and many more facts. However, if it becomes impossible to decide who was more responsible for the damage, the liability is divided equally between the drivers as both were at fault.

    Many cases even take a long time to settle because both parties are adamant about their positions. Our personal injury lawyer in Brampton is an expert when settling a matter or negotiating with a party. If you’re facing the same issue, feel free to call us for consultations and guidance on this matter.

    There are exceptions where you may be charged for all the liability and damage done with no fault of yours. Some driving rules are compulsory, and in case of violation, some action is taken against the same. For example, when one is not wearing a seat belt. Wearing a seat belt while driving is a must in all countries. It is for your safety as it reduces the intensity of injuries and damages during accidents. When a car is hit, the airbags will only open when the driver is wearing a seat belt. Therefore, the driver will be accountable for any damages done or for any damages he has claimed for.

    Moreover, the idea behind it is quite reasonable. The compensation you were claiming could have been provided if the seat belt was on and if you were driving with all the necessary precautions. However, because of one mistake, that you weren’t wearing a seat belt, the claimed compensation would not be provided.  

    Also, again taking the example of drink and drive cases, even if the mistake wasn’t yours, the accountability would be upon you. That is because of the mental and physical state the car was being driven in. Drinking and driving are prohibited and illegal in almost all countries, and there are strict rules against the same. In situations like these, the entire blame comes on the drunk driver, even if it wasn’t her/his fault. The compensation and liability would be on the shoulders of the drunk driver.

    Lastly, there are some incidents where none of the drivers are willing to accept their mistakes and be held accountable for their actions in the situation. Often, these accidents involve major damage or personal injuries. Sometimes in cases like these, there are lengthy procedures for settlements and negotiations wherein lawyers are required to present the case.

    For example, when there are car crashes on highways where it is next to impossible to detect whose fault was it. Also, when two vehicles are speeding, and they meet with an accident. In the eyes of the law, both drivers are wrong as they both were speeding, but none will accept the same liability.

    If you’re one of the people involved in some accident of personal injuries, feel free to contact us. Our injury lawyer in Brampton is one of the best in cases like these. We try 100% to get the full compensation that is deserved by the driver for all the damage and personal injury caused during the accident. Our office timings are quite flexible with online consultations and meetings. The Brampton personal injury lawyers are available the majority of the time for guidance and advice on the case and situation. Feel free to call us at any time during the office hours to reach out to our best lawyers regarding your personal injury case.

  • Who is to blame? Apportioning liability in motor vehicle accidents

    August 12, 2020

    With such extensive use of motor vehicles on roads, accidents are bound to happen. No one can be certain about them. Some accidents are minor, while some can be quite major with an immense amount of damage and personal injuries. The main question that arises is – ‘Who is to be blamed for accidents?’ 

    That is where apportioning liability of motor vehicle comes into the picture. This is when the liability of an accident is blamed on someone who has caused the accident. Sometimes it is equal, while the other times, there is a settlement about the percentage that the drivers have to pay for the damage. All this depends upon which driver was more at fault.

    There are many such instances where the question of ‘who caused the accident, ‘ or ‘whose fault was it’ is quite simple. In situations where one driver is at fault, the case becomes quite simple and less complicated as he/she is responsible for the mishap. In cases like these, the one who caused the accident will be liable for all the damage done to the cars or any injuries caused to people involved.

    For example, if a car is parked in the parking area and another driver is speeding and bumps into one of the parked cars, the one at fault here is quite simple to detect. The owner of the parked car can easily ask for full compensation from the other driver.

    The person who bumped the parked car is ‘at fault’ and is liable for any damages done. He will be accountable and would have to compensate for any dents on the car.

    Secondly, drink and drive cases are quite common nowadays. People do not realize the extensive damage that these cases can cause. Drinking and driving have caused a lot of accidents in the past with drunk drivers’ fault. The proof of the same can be easily collected from witnesses, cameras, and police reports. Also, the drivers’ statements are recorded for understanding the situation better and coming to a conclusion.

    Our personal injury lawyers Brampton are experts in getting full compensation when the fault wasn’t that of our clients. The opponent generally pays an approximation of the full compensation for all the damages done and injuries caused during the accident.

    However, there are many situations where it is not clear who or what caused the accident. In instances like this, it gets quite difficult to determine who should be held accountable and liable for the damages and injuries caused. Some cases involve equal faults’ of the drivers, while some situations are different.

    For example, in a situation where both the drivers are at fault, both can be held accountable. Like, when one car is speeding, and the other is driving on the wrong side. If the two meet with an accident, it gets quite difficult to analyze whose mistake it was. To conclude this situation, some witnesses have to collect the speed limit and many more facts. However, if it becomes impossible to decide who was more responsible for the damage, the liability is divided equally between the drivers as both were at fault.

    Many cases even take a long time to settle because both parties are adamant about their positions. Our personal injury lawyer in Brampton is an expert when settling a matter or negotiating with a party. If you’re facing the same issue, feel free to call us for consultations and guidance on this matter.

    There are exceptions where you may be charged for all the liability and damage done with no fault of yours. Some driving rules are compulsory, and in case of violation, some action is taken against the same. For example, when one is not wearing a seat belt. Wearing a seat belt while driving is a must in all countries. It is for your safety as it reduces the intensity of injuries and damages during accidents. When a car is hit, the airbags will only open when the driver is wearing a seat belt. Therefore, the driver will be accountable for any damages done or for any damages he has claimed for.

    Moreover, the idea behind it is quite reasonable. The compensation you were claiming could have been provided if the seat belt was on and if you were driving with all the necessary precautions. However, because of one mistake, that you weren’t wearing a seat belt, the claimed compensation would not be provided.  

    Also, again taking the example of drink and drive cases, even if the mistake wasn’t yours, the accountability would be upon you. That is because of the mental and physical state the car was being driven in. Drinking and driving are prohibited and illegal in almost all countries, and there are strict rules against the same. In situations like these, the entire blame comes on the drunk driver, even if it wasn’t her/his fault. The compensation and liability would be on the shoulders of the drunk driver.

    Lastly, there are some incidents where none of the drivers are willing to accept their mistakes and be held accountable for their actions in the situation. Often, these accidents involve major damage or personal injuries. Sometimes in cases like these, there are lengthy procedures for settlements and negotiations wherein lawyers are required to present the case.

    For example, when there are car crashes on highways where it is next to impossible to detect whose fault was it. Also, when two vehicles are speeding, and they meet with an accident. In the eyes of the law, both drivers are wrong as they both were speeding, but none will accept the same liability.

    If you’re one of the people involved in some accident of personal injuries, feel free to contact us. Our injury lawyer in Brampton is one of the best in cases like these. We try 100% to get the full compensation that is deserved by the driver for all the damage and personal injury caused during the accident. Our office timings are quite flexible with online consultations and meetings. The Brampton personal injury lawyers are available the majority of the time for guidance and advice on the case and situation. Feel free to call us at any time during the office hours to reach out to our best lawyers regarding your personal injury case.

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