According to the legal system in Ontario, a plaintiff in a personal injury case should be certain that he or she never acted in a manner that could contribute to occurrence of the injury-causing accident. By the same token, the plaintiff’s lawyer must make sure that the plaintiff’s conduct did not aid creation of the plaintiff’s/client’s injuries.
Other aspects of Ontario’s legal system
All of those involved in a motor vehicle accident are eligible for statutory benefits, regardless of who might be found at fault. Those injured by someone else’s negligence can pursue a tort claim. If you contributed to the accident or development of the injuries, then the court will deduct an appropriate amount of money from the amount that you could get rewarded to you.
All about SABS
Statutory Accident Benefits Schedule are part of auto insurance policies and establishes the limit on compensation. These are accident benefits that are paid to the insurance policy holders despite the fault and is termed as “no-fault benefits”. Some of the benefits includes non-earner benefits, medical treatment and rehab costs, care by attendants, and funeral expenses. You might need a personal injury lawyer, if the insurance company denies your claim. They will not only represent your claim and ensure that if it can be sorted by mediation or negotiations else they will take it to trial but make sure that you get the entitled compensation.
Do the above rules apply only to drivers?
None of those rules also apply to any bicycle rider or any pedestrian that might get hit by a motor vehicle. In the past, the law did not focus too greatly on the ways that a pedestrian might aid creation of an accident or an injury. Yet that is now changing.
There are victims that are hit by a driver that left the scene of the crime/accident. Some of them manage to survive the experience. Injury lawyers in Vaughan have chosen to encourage pedestrians to wear safety vests.
Advice for drivers that do not want to get charged with contributory negligence:
Drive defensively. Make a point of looking for hazards. Note the behavior of other drivers. Meanwhile, passengers should note the behavior of their own driver. If he or she appears to be driving while under the influence of drugs or alcohol, any passenger(s) should try persuading that DWI driver to pull over.
Then all those in the endangered vehicle could wait until the alcohol’s effects had subsided. True, that would result in a longer trip, delaying the time of the group’s arrival. Still, it would work to guarantee the safe arrival of both driver and passengers at their intended destination.