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Important to first determine all parties at fault for car accident.

November 11, 2014, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

The New Hamburg Independent reported on a car accident on Snyder’s Road East involving a student driver and another car.  The student driver was accompanied by an instructor, driving westbound on Snyder’s Road East when the student driver lost control of the car.  A second car was exiting a private laneway just before it was hit by the car driven by the student driver.  The student driver drove up an embankment after contact and flipped over into a farm laneway.  The student car ended up on it’s roof and the student and instructor were trapped in the car for a short period. Police, firefighters and paramedics from Waterloo Region responded to the scene.

In any personal injury claim there are two basic questions that need to be answered. The first question that needs to be answered is - Who is at fault? This question needs to be answered first before a consideration of the losses and damages from the injuries you suffered in the car accident.  In order to pursue damages for your injuries, it must be shown that another party was at fault for the car accident that resulted in your injuries.  If you are the cause of your own misfortune, then you will not be able to bring a claim for damages, no matter how injured or hurt you may be.  However, it is important to have your accident properly assessed so that all possible defendants are considered to determine whether another party’s negligence was the cause of your injuries.  In a car accident one will have to consider the conduct of all parties involved to determine if they were driving or acting appropriately.  Some questions will be raised about road conditions to assess whether the appropriate road authority took appropriate care of the roadway, including maintenance, signage, design and snow and ice maintenance.  These factors will be considered in order to determine if other parties bear some responsibility for the accident.  Police records and the police report will be considered to determine if the officer provided any observations of conditions.  The Police Report will also indicate whether any charges were brought against the at fault party.  The Police Report will also provide information including road conditions, the drivers condition and actions as well as a schematic of the car accident.  Where a serious accident has occurred, perhaps involving a fatality, then the police will undertake a very comprehensive review with crew that is specialized in the area of accident reconstruction.  A party may also want to privately hire an accident reconstruction specialist, usually an engineer, that will be able to provide an opinion as to what caused the accident and which parties took inappropriate or appropriate action in the circumstances.  This will usually be an engineer who is experienced in this area.   It is important that there be a full review of the circumstances of the accident be considered so that all possible defendants can be identified and a percentage of fault be assigned where multiple defendants exist or where the at fault party and the victim share some of the responsibility for the accident.  

 

Posted under Personal Injury, Car Accidents, Fractures

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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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