Car Accidents

Learn about a preliminary (or threshold) issue in a statutory accident benefits case In a statutory accident benefits case, there is always a preliminary (or threshold) issue as to whether the incident in question is, technically, an accident. An “accident” is defined in the legislation as follows[1]: “accident” means an incident in which the use or operation of an automobile directly causes an impairment or directly causes damage to any prescription eyewear, denture, hearing aid, prosthesis or other medical or dental device; (“accident”) Satisfying this legal definition is broken down into three distinct sub-issues or questions: Was the vehicle involved…

Although vehicle collisions inside of a parking lot are uncommon in comparison to those on public roads, they do occur from time to time. The question most of us wonder about is who is liable in a parking lot collision. Well, the most common answer you may here is that liability falls 50/50 between both drivers. While most commonly parking lot collisions hold equal liability, this sometimes changes with certain circumstances. With this being said, liability changes if one of the vehicles is parked legally and another vehicle happens to hit it. Under the circumstance that one vehicle is parked…