Types Of At-fault Accidents In Ontario

How do you determine who's at fault in a car accident?

Determining fault in a car accident is a complex process that involves evaluating several important factors:

• Traffic laws: Assigning fault is based on specific traffic laws applicable in the area where the accident occurred. Violations such as running a red light or failing to yield right-of-way can greatly impact fault determination.
• Road and weather conditions: The condition of the road and weather at the time of the accident is crucial. Poor road conditions such as ice, rain, or debris can affect a driver's ability to control their vehicle. Drivers are expected to adjust their driving to match these conditions.
• Role of witness statements: Independent witnesses who observed the accident provide valuable insights. Their statements can corroborate or challenge the drivers' accounts and help form a more comprehensive understanding of the incident.
• Comparative negligence: In some cases, both parties may share responsibility, and the fault is apportioned based on each party's level of responsibility, often resulting in a percentage assignment of blame.
• Dashboard cameras and video footage: Video footage from dashboard cameras and surveillance cameras can provide unbiased accounts of the accident's sequence. Some vehicles are equipped with event data recorders that capture data regarding vehicle speed, braking, and other parameters at the time of the accident, offering insights into the collision's dynamics.
• Medical data: Medical information about injuries sustained, or any medical suspensions, treatment received, and any pre-existing conditions that may have influenced the accident's outcome are relevant in assessing who is at fault.

12 Most common at-fault accidents

There are many different types of car crashes and accidents that you could be involved in when driving – sideswipes, T-bones, head-on incidents, multi-car pile-ups and more. However, there is a difference between getting into an accident and being the cause of one.

In some accidents that happen on our roads, highways, parking lots and even driveways, whose fault it is not always clear cut. Here are 12 common collisions and who is potentially to blame when cars collide:

1. Rear-end collision: Rear-ending another vehicle is typically the easiest way to determine fault in a car accident. The car that makes the initial contact is usually considered at-fault, regardless of whether the other vehicle comes to a sudden stop, stops at a traffic light, or is parked on the side of the road. If multiple cars rear-end each other, each vehicle that hits the car in front of them will usually share some of the fault.
2. Head-on: In a head-on collision, two cars collide directly at the front of the vehicles. The driver travelling in the wrong direction is typically at-fault in a head-on crash.
3. Side-swipe: Generally, the driver responsible for leaving their lane is at-fault in a sideswipe car accident. However, if another driver forces you out of your lane, they may also be at-fault.
4. Rollover: Rollover crashes can be complex because there are many considerations about who caused the accident. It is possible that it was not the other driver's fault but that of numerous other parties or factors such as road conditions.
5. Parked car: Generally, the driver who hits a legally parked car is at-fault. If you hit a parked car, consider the laws around a hit-and-run and stay at the scene.
6. Pedestrian/cyclist: If a pedestrian is injured in a motor vehicle accident, the driver is presumed at-fault until proven otherwise. The pedestrian-only needs to show that the incident negatively affected them.
7. Single driver: In most cases, if you are involved in an accident with no other drivers, you will likely be considered at-fault. Some common single-driver accidents include causing damage to public property, crashing into a parked vehicle, hitting a tree, and hitting a pedestrian. Even if the cause is poor road conditions or you swerve to avoid an animal or obstacle, you may still be held responsible.
8. Failure to obey traffic signs: If you fail to abide by the rules of the road, you will most likely be found at-fault. This includes running a red light, failing to signal when changing lanes, disobeying a posted traffic sign, and causing an accident with another vehicle that was following the rules of the road, regardless of who made the initial contact.
9. Changing/merging lanes: In most situations, the vehicle making the lane change or entering a lane of traffic is at-fault. This includes changing lanes, turning into a traffic lane, merging onto the highway, and any other situation when a vehicle moves across the line.
10. T-Bone: A T-bone accident, or side impact, can happen in many situations. It most frequently occurs at intersections. Depending on the situation, either driver could be to blame. It often comes down to which driver had the right-of-way and if a traffic violation occurred.
11. Driving while distracted: Taking your eyes and attention off the road for any reason will make you at-fault. Distracted driving is one of the leading causes of accidents and deaths on our roadways. If you are found to have been texting, using your phone, or engaging in any activity that is deemed to be distracted driving, then you will most likely be found to be at-fault.
12. Impaired driving: Driving while impaired will immediately qualify you to be at-fault if you are involved in an accident. These are some of the most common incidents; however, regardless of the type of accident you are involved in, you could be found to be fully or partially at-fault.

How to prevent an at-fault accident

Preventing accidents requires responsible driving, obeying traffic laws, and regular vehicle maintenance. Here are tips to stay safe on the roads:

• Maintaining a safe following distance is essential to prevent rear-end collisions.
• Traffic signs, school zone signs, signals, and speed limits must be obeyed at all times.
• Avoid texting, eating, or adjusting the radio while driving.
• Use turn signals and check blind spots before changing lanes.
• Defensive driving is necessary because it involves predicting the actions of other drivers.
• It is never advisable to drive under the influence of alcohol or drugs.
• Getting enough rest before long drives is important to prevent fatigue-related accidents.
• Adjust driving behaviour according to weather conditions, and use winter tires in snowy or icy conditions.
• Regularly inspect and maintain your vehicle to prevent mechanical failures.

At-fault accidents FAQs

Who's at-fault in a multiple-vehicle accident?

Determining fault becomes more complex when more than two vehicles are involved, such as multi-vehicle accidents.

Who is at-fault in an intersection accident?

There are many factors at play in an intersection accident. Whether or not the light was red, a driver was turning left; traffic violations occurred, and more need to be considered to assign fault.

Is a tire blowout an at-fault accident?

Tire blowouts happen all the time. In general, your policy does not cover tires. A blowout may or may not be considered an accident, especially if no other vehicles are involved. The nature of the blowout will also be considered – it could be caused by debris or a manufacturer defect. Fault is determined on a case-by-case basis.

Limit your chances of being at-fault for an accident

By practicing safe driving and limiting your distractions, you can lower the chances of being at-fault for an accident. Of course, not all collisions can be prevented, and you should always have your car insurance up to date.