How to win your Ottawa car accident case – proving negligence?


Not all car accidents result from someone’s fault that is culpable or actionable. In some cases, car accidents are simply accidents. However, in many cases, the accident occurred because of someone’s fault or negligence. In some cases, the accident is deliberate.  In most cases, your car accident lawyer will pursue damages and compensation for an injured person by alleging that the other driver was "negligent". What constitutes negligence is different in every case but there are some indicators of negligence such as being charged with an offence, texting while driving, drinking and driving, use of drugs while driving, driving under suspension, disobeying traffic laws, failing to stop or yield, driving aggressively, distracted driving, speeding, careless driving etc… These are all factors that will be considered in assessing negligence.

What is negligence? Negligence is often defined as the failure of a person to exercise reasonable care that is commonly exhibited by other persons. In car accident cases, an injured party can allege negligence when the other driver has disregarded their legal obligation to drive safely and in accordance with the law. Determining who is at fault for a car accident can become complex. The onus is on the person alleging negligence to prove negligence. 

With regards to car accidents, the negligent party may disregard their duty to drive safely on the road. This may result in injury to the plaintiff if an accident occurs. 

Determining who is legally responsible, or “at fault”, for a car accident can be a difficult process. Our lawyers assess every aspect of the car accident case to obtain the evidence needed to prove negligence. Car accidents often result in injuries and in many cases, the injuries are serious. Car accidents frequently cause death. Injuries sustained in car accidents often result in victims becoming permanently disabled and the effects on the victims and their families are profound and far reaching. The types of injuries sustained in car accidents are endless and include physical, emotional and psychological injuries. Proving negligence allows the injured person to claim compensation for pain and suffering, medical expenses, rehabilitation costs, out of pocket expenses and loss of income. 

Our injury lawyers take every step required to meet the requirements of the injured person to prove that the accident resulted directly from the negligent actions or inactions of another person. 

It is very important to collect all relevant evidence as quickly as possible after a car accident.  Our lawyers assist in collecting all the relevant documents and information as the case proceeds so that our clients meet the legal tests applicable to them, including proving negligence. We also protect our clients by ensuring claims are filed on time and do not become statute barred.  Our lawyers ensure that you get the justice you deserve. 

If you have been injured in a serious car accident, call any of our lawyers for a free consultation. If you cannot travel, we can come to you. Our lawyers work on the basis of no fee until you win arrangements (contingency fee arrangements).


Ottawa car accident lawyers

310B O’Connor Street

Ottawa, ON K2P 1V8

613-315-4878 (Marc-Nicholas Quinn)