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Ontario Personal Injury Law Firm

construction work warning sign No matter how experienced a driver is or how cautiously he or she drives, construction zones are hazardous in nature. Both drivers and workers alike are at risk of being seriously injured. Did you know that thousands of collisions occur each year in construction zones across Ontario?

If you have been involved in a construction zone crash, you may be eligible to pursue compensation for your injuries and damages. There may be additional legal options available in these cases.

Our legal team at Greg Monforton & Partners is ready to discuss your rights during a risk-free, zero-obligation consultation. It costs nothing up front to have our firm represent you and no fees while we work on your case.

Learn how we may be able to help. Call: (866) 320-4770

Crashes in Construction Zones on the Rise

Ontario has seen a steady increase in construction zone-related crashes over the past several years. There is a lot more road construction especially in the springtime during warmer weather months. According to the most recent data provided by the Ontario Ministry of Transportation, there were 1,694 collisions in construction zones in 2013, which led to eight deaths and another 341 injuries.

Stricter laws and awareness campaigns have been implemented to keep workers safe. Under the Highway Traffic Act, the fines for speeding in construction zones when workers are present have doubled.

When approaching a construction zone it is important to proceed with caution, slow down to the posted speed limit and obey all warning signs. These are just some ways to stay safe and avoid a collision.

Legal Options if Hit in a Construction Zone

After a serious accident, an injured party’s only legal option is to sue the negligent party. For instance, if you are rear-ended, you may be able to pursue compensation against the at-fault party who hit you. The owner of the vehicle may also be liable if he or she knowingly loaned their vehicle to someone who drives recklessly. For minor accidents, you would need to go through your own insurer in order to be compensated for your injuries.

However, there may be additional legal options available if the collision occurred in a construction zone. If you are driving on a roadway, the owner of that roadway is known as an occupier. Any company or individual who occupies a property has a duty of care to keep their property reasonably safe for visitors.

If a construction company is hired to perform maintenance on a roadway, they too become an occupier of that roadway. This means that the construction company has a duty of care to keep the roadway they are working on reasonably safe for drivers traveling through it. If you are hit in a construction zone, you may have legal recourse against the construction company or one of its workers.

When a Construction Company May Be Liable

When a construction company fails to meet this duty, the company could be held liable for any resulting damages. Construction companies are also vicariously liable for the actions of their workers. This includes contractors and subcontractors. Ways a construction company may be to blame include:

The Negligence of Another Driver

Other times, the actions of another driver may have caused a construction zone-related crash. Ways in which he or she may be held liable include:

There may be certain instances where it appears that the crash was solely due to the other driver’s negligence when in fact the construction company may also bear some responsibility.

For instance, a driver swerves into your lane in order to avoid construction debris and causes a collision. Both the driver and construction company could potentially be held liable for your injuries and damages.

Our Firm is Here to Help. Call Us 24/7

If you have a valid case, our car accident lawyers based in Windsor are ready to help seek the maximum compensation possible on your behalf. We have four decades of experience fighting for the rights of injured crash victims, recovering millions in compensation for our clients across Ontario.

Reach out to our firm to schedule a confidential case review. There is no cost to meet with one of our lawyers for the first time to review your situation and discuss your potential legal options.

Find out if you have a case. Ph: (866) 320-4770

driver runs a red light and causes an accidentDrivers who attempt to beat a red light by going faster versus reducing their speed and coming to a complete stop can cause a serious accident. Running a led light can be dangerous for other drivers, passengers, pedestrians and bicyclists sharing the roadway. These accidents are also quite common, but entirely preventable.

If you have been injured by a red-light runner, you may be eligible to recoup costs associated with medical expenses, loss of income and property damage.

Our legal team had been advocating for the rights of accident victims and their families for about 40 years. Let us review your situation and discuss your available legal options in a free consultation. You are not under any obligation to hire our firm after this initial meeting and no upfront costs if you do.

Running a Red Light in Ontario

A driver who runs red light without stopping is committing an offense under the Highway Traffic Act. Every driver who approaches a red traffic light must bring his or her car to a complete stop at a red light. This is in accordance with Section 144(18). You cannot proceed until the light has turned green and the intersection is clear before traveling through it.

Unless a sign tells you otherwise, you can turn right on a red light but only after coming to a full stop and waiting until traffic is clear. You can also make a left-hand turn on a red light if you are traveling from a one-way street to another one-way street as long as you come to a full stop and wait until traffic is clear.

Penalties Involved in Violation of Law

Failing to stop at a red light can cause a serious accident and injuries. Violators can also receive a traffic ticket, a fine of at least $200 and three demerit points on their driving record. Insurance companies typically view running a red light as a major offense, which may affect your premiums and coverage.

Taking Legal Action Against a Red-Light Runner

To sue someone for running a red light and hitting you, the burden of proof is on you to show that the other driver was negligent. He or she must have failed to drive reasonably under the circumstances and as a result caused you harm. An experienced Windsor-based car accident lawyer is ready to help you prove the following:

Failing to stop at a red traffic light is generally a good indicator that the other driver was at fault. The rules of the road are supposed to be adhered to and created to help keep everyone sharing the roadway safe. When a driver commits a red-light violation, evidence can be gathered to help build a strong case.

Your lawyer will conduct a detailed investigation and look at photographic and video evidence to help show that the light was red when the other driver decided to run it and caused an accident.

The location of damage to your car may also show how the accident occurred. Accidents caused by red-light runners often result in significant damage to the front end and driver’s side of a victim’s car.

Recovering Compensation from a Red Light Accident

If your injuries are serious enough, you may be able to recover compensation for your medical bills, lost wages, property damage, and pain and suffering. However, you must file within a certain time period.

For most cases, the basic limitation period is within two years from the date of the accident. Failing to file within the two-year period will likely result in a court dismissal and an inability to take further legal action. Having a lawyer by your side could help ensure that you file within the appropriate deadline.

We Are Here to Help. Free Consultations.

If you have injured in a red-light accident, do not hesitate to contact us at Greg Monforton & Partners. It costs nothing to learn more about your rights and potential legal options in an initial consultation. There is no risk or obligations involved. We charge nothing up front and only get paid if you do.

Read some reviews from our satisfied clients and reach out anytime, 24/7, to set up a free case evaluation.

A Firm You Can Trust. Ph: (866) 320-4770