Bad Roads and Car Accidents

What happens when the road itself leads to a motor vehicle accident?

Toronto has some legendary bad roads, it’s true. The CAA has recently launched its month-long ‘Worst Roads’ campaign, where motorists from all over the province vote for the worst roads in Ontario. Every year, Toronto and the GTA figure prominently in the list, including Dufferin Street, Finch and Lawrence and Burlington Road East in Hamilton, Ontario, which is becoming a legend all of its own.

  • As a point of fact, more than 66,000 potholes have been fixed by city workers in Toronto this year alone.

Add to that the wild weather we’ve been experiencing this last winter and your good driving skills may not be enough to prevent an accident from occurring. Winter road maintenance is crucial and there may be evidence that the level of maintenance has taken a hit with privatization.

In fact, a recent news report that questioned road safety has led the Ontario government to review privatization of winter road maintenance.  The news story included a poll that indicated Ontarians do feel road quality in the province is worsening. The current privatization arrangement doesn’t include any specific oversight or criteria on the part of the province – the proof is in the pudding so to speak and the work is judged based on whether the roads are cleared in a reasonable time frame. Members of the Ontario Road Builders Association (ORBA) told news sources that cutbacks in government funding made it difficult for them to meet provincial standards.

In the Case of an Accident

What happens when you’re involved in a car or motor vehicle accident and the road conditions are to blame? You can claim against the city or the province but there are several things to consider:

  • You only have 10 days to provide notice to the City or province of your claim.
  • You only have 2 years to initiate a lawsuit.
  • You will have to prove that the relevant government body knew or should have known about the pothole or other conditions that led to creating the accident.
  • You will have to show that the municipality or province failed to meet the minimum standards for maintenance as set out by law.

Let Us Help

Clearly, it’s not as simple as it sounds. If there are reasons why you may have failed to notify the City or province within 10 days, there are exceptions that can be made.  When you’ve been in an accident, you’ve got a lot on your mind – let us help you sort through the issues.

We Focus On Car & Motor Vehicle Accidents

Petrillo Law has been providing competent, caring legal advice to car accident victims in Mississauga, the Greater Toronto Area (GTA) and across Ontario for over 20 years. We can evaluate a case to determine whether it meets the provincial threshold required to start a lawsuit as well as represent injured people who have been denied accident benefits by their own insurance company.

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