Intersection Accidents in Ontario: Proving Fault When Both Drivers Claim the Green Light

The Most Contested Liability Scenario

Intersection collisions where both drivers claim the right of way are among the most vigorously contested liability scenarios in Ontario personal injury litigation. With no independent witness and no surveillance footage, cases can reduce to a credibility contest between equally confident opposing parties. Winning requires assembling every available piece of corroborating evidence well before any credibility question reaches a judge or jury.

Dashboard Camera and Traffic Surveillance Evidence

Dashboard cameras have transformed intersection accident litigation. A continuous recording capturing the 30–60 seconds before a collision can definitively resolve what would otherwise be unwinnable. If the at-fault vehicle was equipped with a dashcam, that footage must be preserved through a prompt litigation hold demand — footage not preserved after notice of the claim can result in adverse inference instructions at trial.

Accident Reconstruction Evidence

In serious intersection collisions, a qualified accident reconstruction engineer can analyze physical evidence — skid marks, point of impact, rest positions, crush damage patterns — to establish each vehicle’s speed and movement prior to the collision. Combined with EDR data and traffic signal timing records obtained through municipal records requests, this evidence can establish fault in cases where witness testimony alone would be insufficient.