Fault in a Multi-Vehicle Accident

Many multi-vehicle accidents end in tragedy in the Ottawa area every year. The high number of transport trucks on Ontario highways is a factor, as the drivers and passengers of smaller vehicles in these collisions suffer severe injuries.

In Ontario, Regulation 668 (Fault Determination Rules or FDR) of the Insurance Act determines who is at fault in a multi-vehicle collision. Fault determination rules apply in personal injury lawsuits stemming from a multi-vehicle crash. Furthermore, insurance companies use the fault determination rules to determine whether it is necessary to increase your insurance rates. To avoid rear-end, multi-vehicle collisions, drivers must always stay back far enough to allow themselves the required time to avoid hitting the vehicle in front of them if that vehicle stops or slows down suddenly.

There are two scenarios to consider in determining the correct assignment of fault in multi-vehicle accidents under the Insurance Act. In both of them, the assumption is that three vehicles are travelling in the same direction, in the same lane, implicated in the rear-end collision. We will refer to the vehicle in front as “X,” the second vehicle as “Y,” and the third vehicle as “Z.”

 – If all vehicles were in motion, X is not at fault in the collision between X and Y, whereas Y is 50% at fault. Y is not at fault in the collision between Y and Z, whereas Z is 100% at fault.

– If only Z was moving when the collision occurred, neither X nor Y is at fault. Y is not at fault in the collision between Y and Z, so Z is 100% at fault.

There is also a general rule for rear-end collisions that are not provided for under the Insurance Act. Under this rule, in pileup collisions in which three or more vehicles are travelling in the same direction in adjacent lanes, for each collision between two vehicles involved in the pileup collision, both drivers are usually found to be 50% at fault.

If you have been injured or someone you know has been injured in a rear-end collision, call the Ottawa personal injury lawyers at McNally Gervan. They will provide you with dependable legal representation so that you receive the compensation you deserve for your losses and injuries.