Most of the time, a car accident is due to the recklessness or carelessness of one of the drivers involved. But there is a small chance that the accident was due to no fault of any party involved, but rather due to hazardous road conditions. Read on to discover who is responsible for a car accident caused by a road hazard and how a seasoned Toronto car accident lawyer at Merricks Law Group, P.A. can help you attain justice.
What are common road hazards in Toronto?
First of all, many different road hazards may pop up on the Toronto roads. Common examples include the following:
- Animals crossing the road.
- Uneven expansion joints on bridges.
- Loose debris on the road from a construction site or another vehicle.
- Standing water on the roads after a thunderstorm.
- Slick roads after a snowstorm.
- Rough roads that require to be repaved.
- Gravel roads that require to be repaved.
Who is liable for a car accident caused by a road hazard?
Say, for instance, a road hazard was what caused another driver to instinctively swerve out of the way and lose control of their vehicle, which therefore prompted your collision. However, you cannot blame the other driver for your car accident. Rather, you may have to assign liability to the party that placed the road hazard on the road.
For example, a government entity may be responsible if their roads are cluttered with potholes, cracks, faded lines, and overall due for repaving. They also may be liable if they do not promptly clean up fallen trees and branches from the roads after a storm. Under a circumstance where a government entity or one of its employees did not exercise a reasonable standard of care, you may file a third-party liability claim against them.
On the other hand, a privately-held construction company may be at fault if they do not clean the debris that falls from their zones, do not put up the proper barricades while working, or do not put up the proper warning signs to direct traffic while working. And under a circumstance where a privately-held construction company or one of its employees did not act with care, you may file a personal injury claim against them.
But in a case where an external factor that was out of everyone’s control (i.e., inclement weather) caused your car accident, then you may want to speak with your insurance company first.
In the end, you must remember that there is a countdown for when you are eligible to bring your third-party liability claim or personal injury claim forward. So do not wait too long before contacting a competent Toronto auto accident lawyer from Merricks Law Group, P.A.
