Canada: Who's at fault for a moose-vehicle collision? It could be you - PressFrom - Canada
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CanadaWho's at fault for a moose-vehicle collision? It could be you

14:50  29 august  2019
14:50  29 august  2019 Source:   cbc.ca

Pedestrian dead after being struck by vehicle in North York

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Proving Fault for a Vehicle Accident. is that the force of the collision between Driver B and Driver A could send Driver A’ s vehicle forward into the next vehicle in the line A driver who fails to maintain a safe following distance and then rear-ends the lead car will almost always be considered negligent.

Determining who is at fault in a car accident is important because that determines who is liable to pay for the other drivers' damages. Fault when a driver suddenly pulls out in front of another car and gets hit can be complicated. The driver who pulls out suddenly or the driver who fails to stop in time could

After a rash of moose-vehicle collisions in parts of the province and an increase in moose sightings during these summer months, hitting a moose might seem almost inevitable, especially considering the speed and pace at which an accident can happen.

But a personal injury lawyer in St. John's warns that the driver of the vehicle can be considered at fault for a collision.

"The question is whether or not the driver of the car which hit the moose did something which came below the standard which is required of any driver," Brad Wicks, a lawyer with Roebothan McKay Marshall, told CBC News.

Who's at fault for a moose-vehicle collision? It could be you A moose darts out from the ditch in front of a vehicle on the highway in a video provided to CBC News.

Wicks said that could include people driving in foggy conditions or going too fast.

Truck driver charged after Highway 401 crash in North York closes eastbound lanes

Truck driver charged after Highway 401 crash in North York closes eastbound lanes OPP Sgt. Kerry Schmidt said the crash took place in the eastbound lanes near Leslie Street. Schmidt said a transport truck slammed into the back of another truck that had slowed due to an earlier collision. He said three vehicles were involved - the two transport trucks and another vehicle. Schmidt said the truck driver was taken to hospital with minor injuries. He's been charged with careless driving. No serious injuries were reported. The highway is expected to be closed until at least past 7 a.m. Collision: #Hwy401 EB Express lanes closed past Bayview Ave.

Who decides where responsibility lies? Whether it ’s a simple fender bender or a serious collision , insurers follow the same process to determine who ’ s You and another driver back into one another in a mall parking lot, resulting in damage to both vehicles . In this case, you are both equally at fault .

How can you use the damage to each vehicle to prove that the other driver was at fault ? Certainly, it could have been because the other driver pulled out in front of you so fast that you were unable to stop in time. But the evidence also supports the theory that the other pulled out, was waiting for traffic

"They could have chosen not to drive, they could have driven more slowly, they could have kept a better lookout," he said. "It really becomes a question of what was possible and what could be or could not be negligence."

Under provincial law, said Wicks, moose accidents are covered by the law of negligence.

He said he has seen passengers who have been in moose-vehicle accidents come into his office to make a claim or file a lawsuit against the driver, sometimes a relative or even a spouse. If the driver is found negligent the passenger has a right to make a claim for damages or for injuries.

Rates could go up

Wicks said if a driver is found at fault, their insurance rates could go up, and if there is more than one accident, an insurance company could decline further coverage, which would force a driver to find another provider.

Amanda Dean, vice-president of the Atlantic Insurance Bureau, said a moose-collision claim can be placed under the comprehensive portion of a policy, which is a non-chargeable claim.

However, some insurers might place it under collision coverage.

"That might be one question consumers could ask of their insurer. Which part of the policy responded in that event," she said.

Read more from CBC Newfoundland and Labrador

Read more

86-year-old woman dead after four-vehicle crash on Highway 401.
An 86-year-old has died following a four-vehicle collision in the Hwy. 401 westbound express lanes, approaching Leslie St., on Saturday. Ontario Provincial Police were called to the scene around 4:25 p.m., said Const. Lauren Ball. One person was transported to hospital with life-threatening injuries, she said. That person later died in hospital. In a tweet, police said the deceased was an 86-year-old woman. Ten other people, including three children, were also taken to hospital with non-life threatening injuries, said police. The westbound express lanes are closed at Warden Ave., and the Hwy. 404 southbound ramp to Hwy. 401 westbound express lanes are also closed.

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