While it is true that accidents just happen sometimes, some seemingly unavoidable accidents may actually have been preventable.
Proving liability can be tricky, but it can be the key to unlocking well-deserved and much-needed compensation in some cases.
Can you sue a city for poor road conditions?
In a recent ruling, a judge decided an Ontario municipality was liable for a serious car accident on a snowy road.
The accident happened in Sudbury, Ontario, in November 2000.
A woman driving a car lost control on an icy two-lane bridge. The car hit the side of the road before crossing over the centre line and into the path of an oncoming school bus. The bus struck the car, and the woman suffered extremely serious injuries.
In court, the judge was presented evidence showing that the road had last been salted three hours before the accident. The snowfall following the salting rendered the salt ineffective, resulting in unsafe driving conditions.
The victim sued the city for $12 million.
City did not provide reasonable care to keep road safe
Counsel for the city argued that a reasonable degree of care was taken to keep the road clear and safe, but that there was no way to know the road was still dangerous.
The judge ruled against the city, however, and found the municipality 100 percent responsible for the accident for failing to meet its own guidelines, which stipulated that salting or plowing must occur every two hours during a snowstorm.
An award of $12 million went to the plaintiff, and an appeal was denied by the Appeal Court of Ontario.
Liability in car accidents comes in many forms
It would be easy to assume that a car accident on a snowy road was the fault of one of the drivers involved or that it was no one’s fault at all.
Liability comes in many forms, however, and it is important for an accident victim to consider all possibilities after suffering serious injuries.
