How do Police Determine Fault?

Most of the time, the police arrive at the scene of an accident after it has already happened. They are usually sent there after someone calls 911. If the damage from the accident isn't too bad, the police might not come to the scene. Instead, they might tell the people involved to go to a Collision Reporting Centre.

If an accident is wrong or someone gets hurt, the police will try to figure out who was at fault in more than one way.

1. Independent Witnesses

First, they will try to get statements from unbiased witnesses. Independent witnesses are people who were not in any of the cars involved in the accident but who may have seen what happened. Often, their words are the most important because they have nothing to gain or lose from the accident. Not all independent witnesses can always be trusted, though.

2. Driver Statements

Second, the police will try to talk to the drivers involved (or, in cases of a pedestrian knockdown, they will try to get a statement from the pedestrian). It's only sometimes possible to get ideas from the drivers because they might need help or speak more English.

3. Looking at the accident scene

the police will try to figure out how the accident happened by looking at where the cars hit each other and where they were in relation to the accident. When there are very serious injuries or deaths, the police will call "Accident Reconstruction Investigators" to figure out what happened.

To help with this, we've put together a guide on what to do if the police say you're to blame for the car accident.

The police tell you what caused the accident. How does this affect your claim for injuries?

After the police finish their investigation, if they find that you were to blame for the accident, they will usually charge you with a violation of the Highway Traffic Act. They will give you a ticket and tell you to either pay a fine or go to court to fight the charge.

It's important to know that even if the police say you caused the accident, that doesn't mean it's true for your car accident case. Simply put, the police use a different standard to decide who is "at fault" than is used in personal injury cases. Police don't care about contributory negligence or giving each person a certain amount of blame.

For example, if you are trying to turn left and get into an accident with a car going straight through the intersection, the police might charge you with making an improper turn. In a personal injury case, it may be decided that each person is partly to blame for what happened.

This is a choice that can only be made by an experienced and skilled personal injury lawyer.

If you were hurt badly in a car accident, but the police say it was your fault, you should talk to a professional lawyer at Ristich Law about your options.

Can you still get paid for your injuries if the car accident was your fault?

100% yes, you can!

In Ontario, anyone hurt in a car accident can file a claim for Statutory Accident Benefits, regardless of who was at fault. There are only a few very small exceptions.

That means that even if you caused the accident and got hurt badly, your insurance company still has to pay for your care that isn't covered by OHIP. You may also be eligible for a "Income Replacement Benefit" or a "non-earner benefit" if you were not working before the accident. In some situations, if you need it, you can also have a PSW come to your home and help you with personal care.

Even if you caused the accident, you could be eligible for up to $1,000,000 in medical care for the most serious injuries.

You can only find out if you can get any of these benefits by contacting us immediately.

If you were hurt badly in a car accident but are told it was your fault, contact skilled and experienced personal injury lawyers. They can help you get the compensation you deserve and deal with this upsetting situation.