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ARTICLE · 15 JANUARY 2025

Understanding And Proving Negligence In Ontario Car Accident Claims

Nelligan Law
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It directly affects insurance settlements and legal disputes. Let's explore how negligence works, how it is proven, and the steps you can take to strengthen your claim.

CanadaLitigation, Mediation & Arbitration
Jessica Fullerton
Jessica Fullerton

Negligence is a key factor in determining liability in Ontario car accident claims.

It directly affects insurance settlements and legal disputes. Let's explore how negligence works, how it is proven, and the steps you can take to strengthen your claim.

What is Negligence?

Negligence is when a driver fails to exercise the level of care that a reasonable person would under similar circumstances. Proving negligence in an Ontario car accident involves showing that a driver's actions or lack of action caused the accident and resulting damages.

Elements of Negligence in Ontario Car Accident Claims

To prove negligence, four elements must be established:

  1. Duty of Care: The defendant had a legal duty to drive safely and avoid harming others.

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