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

View All Posts

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 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.

Practice Areas

  1. Car accidents
  2. Motorcycle accidents
  3. Automobile accident benefits
  4. Catastrophic injury
  5. Brain or Head injury
  6. Paraplegia and Quadriplegia
  7. Spinal cord injury
  8. Drunk driving accidents
  9. Concussion syndrome
  10. Post Traumatic Stress Disorder
  11. Slip and Fall Accidents
  12. Birth Trauma Injury
  1. Wrongful death
  2. Bicycle accidents
  3. Disability insurance claims
  4. Slip and fall injury
  5. Fractures or broken bone injury
  6. Pedestrian accidents
  7. Chronic pain
  8. Truck accidents
  9. Amputation and disfigurement
  10. Fibromyalgia
  11. Nursing Home Fatality Claims

Personal Injury Blog

Sep 24, 2020
COVID-19 Liability, and Wave Two
Sep 22, 2020
Backup Driver of UBER's Autonomous Car Charged in Arizona Death
Sep 17, 2020
What Can a Personal Injury Lawyer Do for You?
Sep 15, 2020
Old Grey Mayors - A podcast featuring the political movers and shakers in the Region of Waterloo
Sep 10, 2020
Slips and Falls Remain Serious Risks in Long-Term Care Homes
Sep 08, 2020
Do I need to hire a personal injury lawyer?

More Personal Injury Articles » 
Review our services

Connect with us

Facebook Twitter Linkedin Youtube Google