At Fault Or Not At Fault: That Is The Question For Your Car Accident Lawyer To Resolve

Car accidents in Canada are tricky things, because not every province has the same set of Fault Determination Rules. All of the provinces assign some fault to each driver in the accident, or no fault at all if someone was an innocent bystander or his/her car just happened to be in the line of fire. Police do not determine who is at fault, but they do provide the facts such that an insurance agent or tribunal can make that call. When you are being sued for an accident that you feel is not your fault, below is what a car accident lawyer will do for you.

Analyze the Collected Data

Police reports include statements from all of the drivers and witnesses involved. The reports also include a visual depiction of where the cars stopped/landed and the skidmarks that appeared on the road or in the dirt at the scene. Your lawyer will analyze this data and then consult with an expert to see who was at fault. Then the Fault Determination Rules help your lawyer decide who was most at fault--you, or other drivers at the scene.

Check for the Insured, Underinsured and Uninsured in the Accident

Money is the biggest motivator for litigious behavior. If you were involved in an accident with other drivers who were underinsured or uninsured, it is highly possible that these drivers are the same ones suing you. It is also possible that someone who is financially well-off would also sue you because there were damages to his or her luxury vehicle. As for any pedestrians involved, their insurance is not in question because they were simply in the wrong place at the wrong time. 

Filing Countersuits

If you or your lawyer feel that the lawsuit brought against you is in error and the proof exists, your lawyer can file a countersuit for you. He or she can show who was actually at fault, or that your fault determination percentage is faulty. When your lawyer proves your case, it could turn the plaintiff's lawsuit on its head and bar him or her from receiving any compensation at all. Unfortunately, it could also lead to paying just slightly more than the plaintiff is demanding or a whole lot more than anyone expected. The tribunal has the right to use the Fault Determination Rules of your province and interpret them as they see fit. For more information, visit Diane Parsons car accident lawyer in Brampton.