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IN A CAR ACCIDENT WHEN IS THE PASSENGER LIABLE FOR INJURIES?

Car accidents are fairly common. Whenever you have been in a car accident, it is always best to reach out to a Personal Injury Lawyer Toronto as soon as you can. Having a lawyer by your side will help you to make this process a lot easier. Suppose you are the liable party that caused the injuries after the motor vehicle accident. In that case, you might find yourself flustered with a lot of questions. We are here to make things easier for you and help you understand something related to it.

When can a passenger be held liable for the injuries caused in a car accident?

Motor vehicle accidents mostly take place due to negligence on the part of the driver. Distracted driving, speeding, general disregard for traffic rules, and impaired driving are some of the few causes of accidents. In some instances, the passengers are either held liable partly or wholly for the collision which took place. It is up to the victim to decide whether they want to file a claim against the passengers or not.

The Highway Traffic Act

According to Ontario’s Highway Traffic Act, s.192(2), the owners of the vehicle are vicariously liable for any negligence with relation to the operation of their vehicle. However, there is also an exemption. The exemption is only when someone else is driving the car without the consent of the owner. The question of consent makes things a little bit difficult as it can’t be expressed or implied. In such a case, the vehicle owner can carry out a thorough examination of all the available facts and determine whether there was consent.

Reach out to a lawyer

Suppose you are a passenger who has been in a car accident, and the injured party is planning to file for damages. In that case, you need to reach out to an experienced personal injury lawyer. During your consultation meeting with the lawyer, it is always best, to be honest with them and place all the facts as you know them. This will help the lawyers to build a strong case and also carry out the necessary investigations. Apart from that, they would educate you on the options available.

In case you or someone you know has been injured, make sure that you take down all the necessary details at the scene of the accident and approach a lawyer as soon as you can. They will educate you on your rights and help you to be compensated for all the losses that you have faced due to the accident.

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