When Poor Road Conditions Cause Car Accidents: What You Can Do

Poor road conditions, potholes and prevention

Have you been in a car accident caused by poor road conditions?

Poor road conditions cause up to 10% of car accidents.

Pothole Dufferin St Toronto
Pothole on Dufferin Street, Toronto, Ontario

While 90% of car accidents are caused by driver error, the other 10% are caused by poor road conditions such as potholes, erosion, shoulder drop-offs, missing guardrails, lack of maintenance and bad design. These accidents can cause car damage, serious personal injury and even death. In situations where poor road conditions led to a car accident, who is responsible?

In Ontario, responsibility for road conditions is shared between municipalities and the province. Municipalities are responsible for maintaining city streets. The Province of Ontario is responsible for maintaining provincial highways, such as the 400-series highways (401, 400, QEW, etc.) and smaller numbered highways (11, 35, 169, etc.). Provinces and municipalities are permitted to hire agencies and contractors to maintain roads and deal with poor road conditions. If your car was damaged or you suffered personal injury as a result of poor road conditions, it may be possible to bring a claim again the entities the city or province hired to complete the maintenance as well.

If you were involved in a car accident caused by poor road conditions a number of elements will have to be proven in order for liability to be found:

  1. First, it will be essential to show that the poor road conditions actually caused damage to the car and/or personal injury. In doing so, any arguments that the driver’s poor driving or other condition (such as weather) caused the accident will have to be dispelled.
  2. Second, it must be shown that the municipality or province (or the agency they hired) had a duty to maintain the road in question and keep it safe.
  3. Third, you must demonstrate that the municipality, province and/or agency were negligent in preventing and/or dealing with poor road conditions and maintaining the road. In some situations, it may also be incumbent on the plaintiff to show that the municipality, province and/or agency had a duty to warn drivers of poor road conditions where they presented a danger to drivers.

If you are considering suing a municipality, province or agency for damages for personal injury or damage to your vehicle due to poor road conditions, is very important to remember that there is a two year limitation period within which you must bring your claim. The two year limitation period generally starts on the day the car accident occurred. After this two-year period is up, you will not be permitted to make a personal injury claim.

One way we can all make the roads safer for everyone is to report poor road conditions to the municipality or province, as the case may be. Most municipalities have a 311 number people can call to report poor road conditions such as potholes, missing guard rails and road erosion. When calling about a pothole, be prepared to give the exact location of the pothole and a description of it. You can also report potholes to your local CAA branch or online at their website.

If you or a loved one has suffered personal injury or damage to a vehicle in a car accident where poor road conditions are a factor, please contact our Oakville personal injury law firm for more information about personal injury sustained due to poor road conditions.

 If you’re curious, here are the Top 10 Worst Roads in Ontario (2014), according to a CAA poll:

  1. Dufferin Street (Toronto)
  2. Stanley Avenue (Niagara Falls)
  3. Kipling Avenue (Toronto)
  4. Finch Avenue West (Toronto)
  5. Burlington Street East (Hamilton)
  6. Bayview Avenue (Toronto)
  7. Carling Avenue (Ottawa)
  8. Markham Road (Toronto)
  9. Lawrence Avenue East (Toronto)
  10. Wilson Avenue (Toronto)

Source: CAA

 

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    Are you a Victim of a Hit and Run Accident?

    Victim of a Hit and Run Accident? You Have Legal Options!

    Picture this: You are driving your bicycle along the street carefully and prudently. You are using your hand signals and watching your surroundings. Despite this, a car comes behind you and strikes your bike causing you to have an accident. Even if the car only clips you, your balance is thrown off and you fall from your bicycle. An accident has happened.  Now picture another scenario: You are driving your car down the street carefully and prudently. You are using proper signals and watching your surroundings. Despite this, another vehicle strikes your car causing you to spin out of control and have an accident. These two accident scenarios I am putting forth have something in common: The vehicle that struck the cyclist and other motorist causing an accident, has fled the scene. Not only has the vehicle fled the scene, but the driver is never heard from again. This is not an uncommon situation, especially in busy cities such as Toronto.

    As the victim in situations such as these, what are you to do? How are you expected to get compensation for any injuries that were sustained due to the hit and run accident?

    When the other vehicle sticks around, usually it would be the driver of the vehicle that caused the accident that would be brought to court. However, if it is impossible for this to occur, the victim of the accident is forced to bring a claim forward against their own insurance company. The problem is, just because they are your own insurance company, it does not mean that they will easily compensate you for your injuries that you sustained in the accident. They become the Defendant in the case and you are the Plaintiff, thus you are put into an adversarial relationship with one another.

    One of the major issues in cases such as these comes when there is a question of liability. Liability concentrates on who was at fault for the accident and how did it occur. A real situation occurred when a woman was driving her bicycle in Toronto and was struck by a car before it fled the scene, a witness also saw this accident happen. Despite the eye-witness, it would maybe be difficult to prove that she was indeed struck by a car causing the accident or if her wheels got caught in the streetcar tracks causing the accident. This issue with liability, does not necessarily mean you will not be compensated for your injuries, and you certainly always have the right to proceed to trial, but it may impact how much you’re awarded. It brings a risk factor, that would not necessarily be there if the unknown vehicle driver stayed at the scene and admitted to striking the cyclist.

    It is for these reasons, that is important to have your lawyer bring forth all of the evidence, including your expertise as a cyclist and the eye-witness report, forward so that a settlement can be made in your favor or a judge or  jury will understand what really happened and you can be compensated for your injuries and other damages caused as a result  of the accident. When  hit and run occurs, cases can become difficult. However, do not think that just because there is no individual that you can bring a claim against, that you have no legal options to pursue…You do.

    hit and run accidentIf you or a loved one has sustained personal injury from a hit and run accident, or other type of accident, not hesitate to contact our personal injury law firm about your legal rights.

     

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