Whenever personal injury lawyers investigate and analyze the circumstances of an accident, they are gathering enough evidence to prove that the at-fault driver was careless or negligent. However, in some cases, that evidence reveals that the injured party was negligent and caused their own harm. The Ontario judicial system takes this into account and has established rules for situations when the injured party is at fault.
4 Key Components of Negligence
The law imposes a standard duty of care for all motorists such as adhering to posted speed limits, maintaining control of your vehicle, and so on. Consequently, certain actions and behaviors such as speeding or texting on your cell phone violate that duty of care. In order to prove negligence, Personal Injury Lawyer in Oakville know that the following must be proven:
• The person you are suing (defendant) owed you a duty of care and was responsible for acting in prudent fashion
• The defendant breached that duty of care
• You sustained injuries as a result of the breach
• The defendant’s breach of the duty of care they owed you caused your injuries and the losses you suffered as a result
Another duty of care applies to shop and store owners in that snow must be removed from sidewalks within 12 hours after falling. If you sustain injuries by slipping and falling after that 12-hour period has expired, you could be reimbursed for damages. If you have encountered injuries after slipping and falling, consulting with an injury lawyer in Oakville can help. They have handled multiple cases such as yours and understand that such injuries require legal representation, if there is discrepancies with the insurance company.
The Concept of Plaintiff Contributory Negligence
Pedestrians are usually entitled to damages for any injuries sustained when struck by a vehicle being driven by a person who is distracted (i.e. talking or texting on their phone). But if, according to witnesses, that pedestrian was seen stepping out from between two parked vehicles, the amount of compensation they are awarded could be reduced since the driver that struck them was unable to see them until it was too late. The pedestrian was equally at fault for the injuries and that is why it is important that a lawyer puts things into perspective.
According to Ontario’s Negligence Act, judges or juries are required to determine how much the plaintiff’s actions or behavior contributed to the accident and their injuries. For instance, if the court rules that the plaintiff was 35% negligent, they would reduce the damage award by 35%. For additional information, consultation with an experienced personal injury lawyer is recommended.