If you’ve been involved in a car accident on a country road, it’s important to speak with a car accident lawyer to know your rights and get the best representation.
Municipalities have a statutory duty to maintain its roadways in reasonable repair. The Court of Appeal in Fordham v. Dutton-Dunwich 2014 ONCA 892, overturned the lower court decision which had divided liability equally between Mr. Fordham, who failed to stop a rural stop sign at an intersection which was known to have little traffic, and the municipality which failed to erect warning signage to warn drivers of the of a hidden small S curve or offset just north of the intersection.
The Court of Appeal considered the fact that Mr. Fordham was speeding when he intentionally failed to stop at the stop sign, given the lack of traffic present and his knowledge that vehicles commonly did not stop at this intersection due to the lack of traffic.
In this case, it was determined that notwithstanding the municipality had failed to erect necessary warning signage, it was not liable. This is because had Mr. Fordham not been speeding or in the alternative was operating his vehicle even a speed of 50 km per hour he would have had sufficient time to successfully avoid the motor vehicle accident.
The municipality’s duty was to prevent or remedy conditions on its roads that create an unreasonable risk for ordinary drivers exercising reasonable care. The Court of Appeal opined that an “ordinary driver” is not a perfect driver and that ordinary drivers make mistakes. Mr. Fordham was found not be operating his vehicle with reasonable care and as such no liability fell to the municipality.
What is to be learned from this case? Drive carefully on country roads. Don’t assume you know what lies around the corner and don’t assume that the municipality’s failure to erect warning signs will protect you from liability in case of an accident.
