Criminal standard of proof not the same as Civil standard.

April 25, 2015, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

The Brant News reported on a serious three car crash that occurred on Highway 24 south of Brantford on April 23 in the morning.  One person was airlifted to Hamilton hospital with serious but not believed to be life threatening injuries.

Crash closes Highway 24 (Brant News photo)

The man was a passenger in a small car that ended up in the ditch on the west side of the road.  The car was driven by a man from Paris.  An SUV was flipped on its side on the other side of the road.  The driver of the SUV was a woman from Brantford who suffered minor injuries.  The driver of the third car was also from Brantford and was not injured.  The road was closed for several hours while the police conducted their investigation and the cars were removed. 

When a serious collision occurs, the police will involve their special traffic investigation unit in order to determine what happened to cause the collision.  The location of the cars, examination of the property damage to the cars, an examination of the working order of the cars and other physical clues, including skid marks on the roadway, will be important to determine what caused the accident to occur.  It is also important to consider a private investigation of the car to determine if there were any defects in the car that could have led to the accident occurring.  While the police are conducting their investigation, the purpose of their investigation is to determine whether there were any violations of any rules including the Criminal Code or the Highway Traffic Act.  The standard for guilt under a criminal investigation is different than for a civil claim.  The standard of proof required in a civil claim is on a balance of probabilities, which is a lower bar than the criminal standard of proof beyond a reasonable doubt.  So while charges may not be made under the Criminal Code, or the Highway Traffic Act, though rare, this does not preclude a finding of fault in a civil lawsuit. 

You should consult our personal injury team in order to determine your rights and also to ensure that you do not miss any important limitation dates to bring your claim forward. 

 

Posted under Car Accidents, Pain and Suffering, Personal Injury

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About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us toll-free at 1-866-414-4878.

The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.

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