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Where snow and ice are a factor in car accident then municipality needs to be put on notice immediately

February 12, 2015, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

The Cambridge Reports reported that on Feburary 12, 2015, a car accident involving a car driven by a Cambridge woman and a car driven by a man from Wellesley occurred on Gerber Road in Waterloo Region.  The early reports are that the car driven by the man from Wellesley crossed over the centre line and hit the car driven by the woman from Cambridge head on.  Due to the severity of the car crash and the serious injuries suffered by the woman from Cambridge, she was airlifted to a London trauma hospital.  The Waterloo Regional police are investigating the accident.  They have ruled out speed and alcohol as factors.  However it is noted that weather conditions may have been a factor in the accident.

Whenever a car accident results in serious injuries, or a fatality, the police force will undertake a very extensive investigation as to the cause of the accident.  It is very important that when a person has been seriously injured in a car accident, that the liability issues be investigated fully and as quickly as possible.  If there is a suspicion that the accident may have been caused by snow and ice on the roadway, then that will call into question whether the local municipality responsible for the roadway carried out their snow and ice clearing duties properly.  The province has prescribed minimum maintenance standards for local municipalities.  But the municipality’s actions, or lack thereof, need to be measured up to the minimum maintenance standards in order to ensure that they carried out their duties properly.  It may even be a case where the minimum maintenance standards do not apply, and then it is the common law that would apply.   A personal injury lawyer can assist in helping to assess the liability issues early in the process and ensure that the proper notice letters are sent out in a timelymanner to ensure that you do not lose your right to sue. 

Posted under Car Accidents, Fractures, 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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