Marc Nicholas Quinn
Ottawa Injury Lawyer
Category Archives: ottawa slip and fall lawyers
Injured in an accident as a pedestrian – know your rights!
Injured as a pedestrian in a car accident in Ottawa or in Ontario? Did you know that pedestrians are presumed not at fault in pedestrian-car accidents? Motor vehicle drivers have a duty to drive diligently. When two vehicles collide, the plaintiff often has the duty to prove the defendant driver was driving negligently to prove his case; in other words, the plaintiff has the onus of proving his case. However, if a motor vehicle hits a pedestrian, the driver must prove he was not driving negligently; a driver is presumed negligent until he proves otherwise. This shift in the onus of proof is codified in section 193(1) of the Highway Traffic Act, RSO 1990, c H.8 and it applies to all highways. In a case of pedestrian versus …
Hit an Animal with your car in Ottawa, Ontario? How about a Moose hitting your car?
What happens when your car hits a moose or a moose hits our your car? In a case of man and machine versus moose, who is liable for injury? The Supreme Court of Newfoundland and Labrador was tasked with the latter question in Hartson v Hunter, 2006 NLTD 59 (CanLII: http://canlii.ca/t/1mxfk). The defendant was travelling on an isolated two-lane portion of the Trans Canada Highway in the evening, when he struck a moose. Almost immediately after, the plaintiff struck the same moose as he was driving his pickup truck in the opposite direction on the highway. The moose crashed through the plaintiff’s windshield, causing him serious injuries. The plaintiff claimed that the defendant was driving in an imprudent manner. According to the plaintiff, the defendant was driving too …