Someone that has made and ultimately hopes to win a personal injury claim must demonstrate negligence on the part of the responsible individual, organization or government body. That fact forces the personal injury lawyer, the person representing the claimant, to seek answers to certain questions: Who is responsible for the features on a roadway? How can a careless or neglectful act, one performed by a government body, affect the safety of such features?
How those questions get answered by Canadian laws?
Canada has chosen to make municipalities responsible for the safety of bridges and highways. In other words, those responsible government bodies must arrange for construction of safe highways and bridges. Still, Canada has granted each municipality with the chance to show the court that it deserves to take advantage of certain, stated exemptions.
Exemptions to rule that a municipality is responsible for the safety of area bridges and highways:
Authorities in a specific and exempted region did not know about the unsafe nature of a given roadway or structure, a spot where someone has been injured.
The same authorities have already undertaken steps that were aimed at correcting an identified problem. This particular exemption pushes the exempted authorities to act. By calling for correction of a problem and siphoning government money towards those that are working on a solution, a governing body seeks to show that it deserves to take advantage of the recognized exemption.
Regulations concerning presentation to the court of evidence that a municipality was indeed negligent, with respect to its duties.
Personal Injury Lawyer in Cambridge that intends to issue legal notice of such negligence must do so within 10 days of any accident that was apparently caused by a municipality’s careless and neglectful act. That means that the victim’s notice must be presented to the court, before completion of the 10-day period.
A notice to a government body from an injured victim must contain all of the necessary information. It should state the date and time of the accident. In addition, it should include a full description of exactly what happened.
The one exemption to the rule regarding the limited amount of time, during which a victim can offer notice of a municipality’s negligence.
This one exemption covers the single situation in which an injured victim would lack the ability to arrange for timely submission of the required notice. That single situation seldom provides the exempted individuals with a reason to be pleased with the altered timeline. None of the municipalities in Canada have the right to demand that notice of unsafe highway or bridge conditions be submitted within 10 days of an accident, if the affected victim has died, as a result of the collision-caused injury.
