How To Contact The Institution At Fault For An Unsafe Roadway?

Injury Lawyer Personal Injury Faq's

Why would a personal injury lawyer care about contacting the institution responsible for an unsafe roadway? Because lawyers understand the timeframe in which such an action must be carried out.

Timeline for filing a personal injury claim, following an on-road accident:

If another driver has caused the accident, the injured party has 2 years in which to file a personal injury charge with the help of personal injury lawyer in Oakville. If a municipality allowed existence of an unsafe roadway, the injured partly has only 10 days in which to send notice of any intention to name the municipality as the party at fault for the recent accident.

Can a driver always name a municipality as the party at fault, if an unsafe roadway has caused an accident?

No, a municipality cannot be made responsible for that incident, if it had not known about the unsafe conditions. Still, even if you were the first person injured at an unsafe spot on the street or highway, you should not assume that you can name the municipality as the party at fault. Someone else might have reported the problem before you get a chance to produce the required notice.

Once a problem has been reported, the typical municipality will take quick action. It will do something to lessen the danger posed by the unsafe condition. Understand that a municipality cannot be made responsible if it has taken reasonable steps, in hopes of correcting the problem.

Actions required of the party that plans to name the municipality as the person/institution at-fault:

Submit written notice of the claim that will be made. Include in that notice the following information: Date and time of the accident; location of the accident; description of the accident and description of the injuries suffered by the person that is planning to make the charge against the municipality.

Serve the responsible municipality with that notice, or send it by registered mail to the Clerk of the same municipality.

By hiring a lawyer, the person that wants to charge the municipality should find it easier to get the required notice created and delivered on time.

Is there any situation in which it becomes unnecessary to send such a notice?

Yes, if the plaintiff has died, it is not necessary to send such a document.

By the same token, if the plaintiff has a good excuse and a delay does not prejudice the municipality’s defense, then the notice can be sent more than 10 days after the accident has taken place. Understand, though, who decides what excuses are acceptable. The court system will determine whether or not you (the plaintiff) had an acceptable excuse. The same system determines whether or not the delay has prejudiced the municipality’s defense.

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