Vehicle Accident in Brampton

Who is Liable for a Vehicle Accident Due to Poor Road Conditions?

Motor vehicle accidents occur daily, whether due to driver negligence, inclement weather, poorly maintained roads, or a combination of these factors. If you are lucky, a car crash will only damage your vehicle slightly, but many accidents are much more severe.

When you suffer a personal injury from a vehicle accident due to poor road conditions, your first instinct might be to sue the government. However, the answer to who is responsible for vehicular incidents is rarely straightforward and depends on several factors.

What Constitutes Poor Road Conditions?

One of the first considerations when determining liability in vehicle accidents due to poor road conditions is what constitutes a substandard driving environment. Adverse weather and negligence from the municipality responsible for maintaining roads are potential causes of automobile accidents. These factors negatively affect your ability to drive safely and can lead to a collision.

What Determines Responsibility in Vehicle Accidents Due to Poor Road Conditions?

Naturally, unpleasant weather conditions are frequent targets of blame for people who end up in car accidents during snow storms or rainy weather. Yet pointing the finger at mother nature is hardly a compelling case for insurance companies, which are more likely to look at the state of the driver and their car.

For instance, if you have alcohol in your system during a highway accident, the liability will likely fall on you, even if a violent storm made conditions less favourable. You might also be at fault if your vehicle is behind on necessary maintenance or if you have a history of driver negligence. Responsibility for accidents caused by poor road conditions can still land on you if any of the following apply:

  • Low tire tread levels
  • Worn-out or rusty brakes
  • Speeding
  • Reckless or distracted driving
  • Malfunctioning head or brake lights
  • Worn-out windshield wipers 

When Is the Road Authority Accountable?

Outside of major or secondary highways, road conditions are the responsibility of the local municipality. Each has a statutory duty to maintain roadway safety to prevent a vehicle accident due to poor road conditions. This means following standards set forth by the Ontario Traffic Manual (OTM), which judges regularly cite when presiding over car accident cases.

It may be liable when a road authority fails to comply with OTM guidance, such as avoiding 150-meter sightlines on hills. However, causation from a driver speeding or driving erratically can also nullify the municipality’s responsibility, which is why the question of liability often varies from case to case.

You Know What To Do … Call Chorney Sidhu 

At Chorney Sidhu Injury Lawyers, we can help you with damages from vehicle accidents due to poor road conditions. If you were in a vehicle accident due to poor road conditions and are searching for a qualified car accident lawyer, Chorney Sidhu Injury Lawyers in Brampton will work for you. We understand the impact a car crash on a slippery or otherwise dangerous road can have on your life and strive to guide you through the process to an agreeable resolution.

Contact experienced personal injury lawyers at Chorney Sidhu Injury Lawyers by calling (844) 487-8482 for personalized representation of your injury case today.

Distracted Driving Laws

New Distracted Driving Laws in Ontario, 2022

Quickly looking down while driving to answer a text message or fiddle with your GPS may seem harmless. But did you know that 75-80% of all driving accidents involve a distracted driver? Deaths caused by distracted drivers have doubled in Ontario since 2000.

Emerging technologies such as smartphones and GPS systems pose serious safety concerns for new and experienced drivers. In a 2021 study, Canadians agreed that texting while driving remains the number one threat to their well-being while driving. 

Help keep the beautiful roads of Ontario safe by learning more about Ontario’s new distracted driving laws in 2022. Phone calls, text messages, and voicemails can wait until you arrive home and safely park your vehicle. Read on to learn more about distracted driving collisions and the consequences of driving while distracted. 

What is Considered Distracted Driving in Ontario? 

Distracted driving involves a lack of focus on operating an automobile and your surrounding environment. Distraction by electronic devices while driving accounts for a large percentage of accidents. Other causes of distracted driving include: 

  • Tending to pets 
  • Applying makeup 
  • Changing music or radio stations
  • Eating and drinking 
  • Smoking 

A full 80% of Canadians have admitted to distracted driving, a stunning statistic illustrating the overwhelming temptation to use handheld devices while driving. Ontario law permits using hands-free electronic communication, GPS systems, and audio control. 

Instead of responding to the temptation to answer text messages or check emails while in your car, consider answering all electronic communications before leaving home.

The Consequences of Distracted Driving 

People convicted of distracted driving face fines, demerits, and potential jail time. Novice drivers found guilty of distracted driving face even steeper fines and extended licence suspensions.

Consult the list below for more information about distracted driving laws and penalties in Ontario: 

First Conviction 

  • $615-$1000 fine 
  • 3 Demerit Points 
  • 3-Day Licence Suspension 

Second Conviction 

  • $615-$2000 fine
  • 6 Demerit Points 
  • 7-Day Licence Suspension 

Third Conviction 

  • $615-$3000 fine 
  • 6 Demerit Points
  • 30-Day Licence Suspension 

New distracted driving laws in Ontario in 2022 strive to decrease car accidents related to distracted driving. Currently, 1.6 million car crashes occur in Canada due to cell phone use. Stricter enforcement of texting and driving fines in Ontario may deter drivers from reaching for their cell phones while operating vehicles. 

The Highway Traffic Act and the Criminal Code of Canada outline Ontario’s definitions and penalties for distracted driving. Before hitting the road this winter, explore the Canadian Automobile Association website for more information about keeping our beautiful roads accident-free.

Trust Chorney Sidhu Injury Lawyers for All Your Personal Injury Needs

Chorney Sidhu Injury Lawyers is our firm that proudly serves the Brampton, ON, community. We strive to help clients recover from the emotional and physical traumas of car accidents, brain injuries, and sexual abuse. We work tirelessly for our clients. 

At Chorney Sidhu Injury Lawyers, our clients come first. Reach out to our expert Injury lawyers in Brampton today for more information about Ontario’s new distracted driving laws in 2022. You know what to do… call Chorney Sidhu at (844-HURT-GTA) (844) 497-8482 to speak with our friendly team today to learn more about our wide range of services.