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If you live in a place which gets a lot of snow and bad weather, especially during the winter, you are well-versed with having chains on your tires and salting the roads, especially when they ice over. This is intended to prevent car accidents. However, as any personal injury lawyer knows all too well, accidents are inevitable. Therefore, you are likely to be involved in a car accident, especially during the bad weather of winter. The first thing to do is to seek legal counsel. The second thing to do is to read the information discussed in this article.
Did you know that different parts of Canada’s government are responsible for different types of car accidents?
The law is complex and so is the government. This combined with the fact that different parts of the Canadian government are responsible for different types of car accidents is part of the reason why you should craft your personal injury lawsuit with the guidance of an Injury Lawyer in Stouffville. Did you know, for example, that:
● Car accidents occurring on roads that municipalities govern are subject to section 44 of the Municipal act of 2001 in terms of using the liability test to determine if the injured person is eligible to sue the municipal government.
● Can accidents occurring on roads that Provinces govern are governed by section 33 of the Public Transportation and Highway Improvement Act when using the liability test to determine if the Provincial government is responsible for your car accident?
Many people have found that it is very difficult for them to prove that municipalities are responsible for their car accidents. They do not face this difficulty when proving that Provincial governments are responsible for their car accidents though. Your personal injury lawyer will tell you that this is the reason why you should know about the test.
What is the test?
Personal injury lawyersare well aware of this: the Canadian government established the test to determine if the municipal and/or provincial governments are responsible for car accidents that occur on roadways under their control. The test is comprised of two main and basic questions:
● Do the present conditions of a particular road present conditions that put drivers in a position of unreasonable risk of harm?
● Has the municipality or province taken reasonable steps and measures to ensure that the risk of harm to drivers is reduced as much as possible, or has it failed in this regard?
You can indeed sue the government
Many successful court cases have indeed proven that plaintiffs can hold the Municipal and provincial governments responsible for any property damage and/or bodily injury they may have sustained as a result of their accident. Yours can be one of these cases provided you hire good legal counsel and are aware of the laws governing winter road maintenance.