Collisions between a vehicle and a fixed object happen quite often, causing serious, life-threatening injuries. Fixed-object collisions may involve hitting guardrails, road signs, trees and utility poles.
These types of collisions may involve multiple parties. Sometimes another driver may be at fault for the collision. At other times, a government entity responsible for maintaining the road may be liable. Construction companies may also be liable if the collision occurred in a construction zone.
Filing a claim for compensation can become difficult if the insurance company refuses to cover your damages. Below, learn more about your options for obtaining compensation for a fixed-object collision. Our firm offers a free legal consultation to discuss how we may be able to help you.
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Was Another Driver Involved in the Collision?
Some fixed-object collisions are due to negligent drivers. Even if you did not physically hit another vehicle, it does not mean that the other driver is not responsible for the collision. For instance, a driver may hit a guardrail or pole when trying to avoid a collision with another driver who cut him or her off.
A distracted driver may have swerved into another driver’s lane, forcing him or her to steer off the road and hit a tree instead. A drunk driver may have been going the wrong way on a highway or down a one-way street, causing oncoming vehicles to swerve to get out of the way.
Commercial truck drivers may fail to properly secure cargo in the trailer and it may fall or spill on the road and into the path of oncoming vehicles. Drivers of passenger vehicles may also do a poor job of securing furniture, appliances or equipment and the load may fall off and hit other vehicles.
Another driver’s negligent actions could make him or her liable for your damages. However, sometimes the driver who caused a fixed-object collision may be unaware that a collision even occurred. He or she may not have seen the other driver hit a fixed object or realized that his or her actions contributed to the collision. The at-fault driver may have continued on the road, making it hard to locate him or her.
Fortunately, Ontario has a no-fault car insurance system. Your insurance company will pay for benefits after a collision regardless of who was at fault. Drivers are required to carry third-party liability coverage, direct compensation, uninsured automobile coverage, as well as accident benefits coverage.
However, an Ontario auto insurance policy will generally not cover damage to your vehicle from a fixed-object collision unless you have collision coverage. This optional coverage helps pay for vehicle repairs caused by hitting an object in or on the ground.
If your damages exceed your policy limits, you may be able to file a claim against the at-fault driver’s liability coverage. If he or she failed to stop and he or she can not be located, you may be able to file a claim through your uninsured automobile coverage.
If a commercial truck driver caused the collision, you may have a claim against the driver, the employer, owner of the truck or the cargo loading company.
Was the Collision Caused By Another Party?
In other cases, a commercial or residential property owner could be liable. Property owners are responsible for keeping the road clear of debris. If you swerve off the road to avoid hitting debris in your path, you may not be to blame.
Construction companies must ensure that a work zone is free from hazards. They may be liable for a collision if construction equipment was moved onto the road without warning, forcing you to veer off the road and hit a traffic barrier.
State and city government entities may be responsible for a fixed-object collision if they failed to properly maintain the road. They have a legal duty to keep the road safe for travel. Inadequate lighting, poor road design and failing to perform maintenance (i.e. potholes) can all contribute to a collision.
A product manufacturer may also be liable for a faulty part. A tire blowout can cause a driver to lose control of his or her vehicle and hit a tree or road sign. Brake failure can force a driver off the road to avoid hitting another vehicle.
A fixed-object collision can raise more issues about liability than other kinds of collisions, which is why we recommend hiring legal representation. If your lawyer can prove another party was negligent, you may have a chance at recovering the compensation you need.
We Provide Legal Services at No Upfront Cost
A vehicle collision lawyer in Windsor is ready to review your particular circumstances and advise you on how to proceed during a free legal consultation. Our firm has a proven track record, recovering millions on our clients’ behalf. There are no upfront fees or legal obligations for our services.
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