Marc Nicholas Quinn
Ottawa Injury Lawyer
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The concept of contributory negligence in Ontario accident and injury cases – Ottawa accident lawyer discusses topic
What Is Contributory Negligence? Imagine this scenario: it is a beautiful day, there is good visibility and the roads are not covered in snow, ice or water. You are driving, kids are screaming in the back, you turn on the radio, and at the same moment, a text comes in on your phone, resting on the passenger seat. You look down a half-second to catch the message sent, when a car you never saw coming hits you. The police investigate and say the other driver is at fault. Given your injuries, you decide to hire a personal injury lawyer and you sue the other driver. Can you share legal responsibility for the accident even when the police say you were not at fault? Yes and no. When considering …
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 …