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Ches Crosbie Barristers

Do The People In These Auto Accidents Have Claims?

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Two serious collisions on August 6 resulted in two deaths in one collision, and serious injury in the other. The collisions are reported in the Telegram.

The fatalities occurred on the TCH near Whitbourne. A car and an SUV collided at 10:45 am on the four lane highway. In addition to the fatalities, the crash resulted in two serious injuries. It was not explained how the two vehicles were able to collide on a four lane highway. Perhaps the collision occurred on a section where the highway was not divided.

During afternoon rain, a serious accident occurred involving a single vehicle, a Nissan Rogue heading east on the Outer Ring Road near the Team Gushue Highway exist ramp. The Nissan went out of control into the median, rolling several times and ejecting the driver.

People injured in road accidents and their loved ones eventually turn their minds to the question of compensation. These two tragic crashes can be used to illustrate the principles at work in our fault-based system of traffic accident compensation.

News reports don't supply enough details to confidently predict the legal rights of the drivers involved in the Whitboure case. Accident reconstruction was underway. But one or the other driver is at fault to some degree, and perhaps both are. Both drivers, or their estates, may have viable legal claims, reduced for share of responsibility. The surest way to know is to consult an experienced road accident lawyer.

The passengers almost certainly have good claims, as they could not have been at fault for what occurred. Their claims are against either driver, or both.

Turning to the single vehicle crash, the driver would seem to have nobody to blame but himself. He could claim under his accident benefits coverage, if he carried it. Coverage is limited to $25,000 in medical and rehab expenses, and a modest amount if he is unable to work. This coverage is available on a no-fault basis.

Our hearts here at Ches Crosbie Barristers go out to the victims and their families. If you're ever in need of an injury lawyer in Newfoundland and Labrador - or not - find out how lawyers choose lawyers for their accident claims. 

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