If you were a juror, what would you say?
Who is to blame for an accident? The driver? The pedestrian? Could it be both? According to the Negligence Act [NA] the answer is, yes to both.
Contributory Negligence is the allocation of a certain percentage of blame the victim has in an accident. How much is that percent? That is up to a jury, and in Ontario they can allocate this fault anywhere from zero to 100 per cent.
As a personal injury lawyer that deals with many pedestrian and motor vehicle accident cases, I am always intrigued at how jurors feel about fault.
Want to try your hand at being an armchair juror? Assign a percentage of fault to each party for the scenarios below:
This youth ran onto the road chasing his ball. He is struck by a car.
These people were hit by a car that had trouble seeing them on this rainy night.
This older man walked slower than the approaching car expected and was struck.
This woman was busy in thought, reading from her electronic device, while crossing the street when she was hit by a car.
There are no right and wrong answers to the situations above.
Everyone can have a different opinion and lawyers never know how a jury will feel. This is where experience and expertise come in. A good lawyer can assess a file and help guide you through a jury process for the best possible outcome for you.
Nancy Young is a personal injury lawyer at Pace Law Firm. She can be reached at firstname.lastname@example.org