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Kingston, Ottawa & Whitby Rear-End Auto Accidents - Who is at Fault?

One of the most common types of auto accidents in Ontario is a rear-end accident. There are many reasons why rear-end car collisions happen:

  • the driver was texting on the cell or smartphone while driving,
  • the driver was talking on the cell or smartphone while driving,
  • the driver was changing radio stations, or
  • the driver was reaching for something in the back seat.

When a driver is engaged in one of the above activities or another form of distracted driving, he takes his eyes off the road for a few seconds and does not realize that the traffic ahead has come to a stop or that the traffic signal has turned red. As a result, the driver rear-ends the car ahead of him because he cannot stop in time.

Determining fault in a Kingston, Ottawa or Whitby rear-end auto accident is generally straightforward. In a 1932 motor vehicle accident case, the Supreme Court of Canada provided, "Generally speaking, when one car runs into another from behind, the fault is in the driving of the rear car, and the driver of the rear car must satisfy the Court that the collision did not occur as a result of his negligence." Beaumont v. Ruddy, [1932] O.R. 441.

Rear-End Collision Injuries

Drivers and passengers who are hit from behind often sustain injuries; some sustain serious injuries, especially if the rear-end accident happens at a busy intersection. The car may be stopped at a traffic light and pushed into a busy intersection as a result of the rear-end collision. As the car enters the intersection, it may get hit by another car and sustain a second or even a third impact. As a result of multiple impacts, the driver and passenger(s) may sustain concussions, brain injuries, broken bones or even spinal cord injuries.

Help After Rear-End Accidents in Ontario

If you were injured in a rear-end car, bus or truck accident, you have legal rights. Injured drivers and passengers may receive accident benefits from their own auto insurance companies. In addition, they may be able to file tort claims against the at-fault drivers, i.e., drivers who hit them from behind.

Call the car accident lawyers at Bergeron Clifford to schedule a FREE consultation. 1-866-384-5886
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“From my first meeting with Mr. Bergeron and Mr. Clifford I was reassured, made comfortable with the legal processes involved and well looked after. Mr. Bergeron and Law Clerk, Craig Cameron were always available to answer questions and guide me through the legal procedure. I was fortunate to be able to work with a wonderful lawyer, whose abilities I have extreme confidence in.” – S.M.

Contact Bergeron Clifford LLP If you or a loved one has suffered an injury, contact us at 877-391-2923 or fill out our online form below. With office locations across the East Region and a clientele that often has mobility issues, we are prepared to work wherever is most convenient for you. If you need us to visit you at your home or hospital, we can do that too.

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