Car Accidents on Bad Roads – Who is Responsible?

As winter draws to an end in Toronto, the melting snow reveals winter damage to city streets and provincial highways. After a relatively mild winter with a great number of days with the temperature around freezing, its also seems like this year, the roadways are littered with far more potholes than usual.

Most of the time, bad road conditions are a nuisance to be avoided as much as possible. Unfortunately, in some cases, the hazards caused by bad road conditions result in motor vehicle accidents, and serious personal injuries.

Are cities responsible for injuries caused by accidents on bad roads?

Provincial legislation requires municipalities to keep their roads in a reasonable state of repair, and free from dangerous hazards. This does not, however, require a city to keep its roads in perfect condition, or clear from snow and ice in the winter – that would be unreasonable.

There is a strict timeline within which a municipality must inspect and remedy various bad road conditions. For example, potholes must be repaired within 4-60 days, depending on the road type, and size of the pothole. The regulations also set standards for weather monitoring, salting & sanding icy roads, and maintenance of street lights, signs and traffic control systems.

If a city fails to adhere to the required time frames for inspections and/or repairs, or if a bad road condition was reported to the city and not followed up upon, they can be potentially liable if the poor roads were the cause of a car accident.

Toronto personal injury lawyers representing car accident victims

At Jasmine Daya & Co., our personal injury lawyers have over four decades of experience exclusively representing seriously injured claimants. In addition to being personal injury specialists, we understand how to build a successful claim for compensation against a municipality.

Let our expertise be an advantage in your claim. If you have been injured following a motor vehicle accident on bad roads, we can provide legal advice about any possible claims for compensation.

We offer free consultations for new clients. Contact us online or call our office to make an appointment at 416-967-9100.