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Who’s to Blame for a Car Accident?

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Who’s to Blame for a Car Accident?

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

The leading cause of work-related deaths is collisions on the road, but perhaps the workplace systems and not the driver/worker are the ones to blame.

Speaking at a plenary session hosted by the Institute for Work & Health in Toronto, Sharon Newman, a researcher from the Monash University Accident Research Centre in Australia, said “traditionally, intervention research has focused on the role of the driver: ‘What’s wrong with the driver? Let’s blame the driver if they have had a crash,’” she said. “(But) there’s such a bigger system that’s involved in this and we have to identify what are the mechanisms within that system influencing work-related road traffic injury and death.”

In Australia, 30 per cent of accidents are work-related, and this is comparable with other places, including Canada. Because of this, it is worthwhile to take a look at the workplace system in place and not only the fault of the driver.

Supervisors and line managers play an important role in the safety of workers while on the job site, but it is unclear whether or not the supervisor is responsible for the worker once the worker is off site. “In many organizations… supervisors are only responsible for the worker when they are working within the physical boundaries of the organization, and then a fleet manager, the person that gives them the keys, generally is considered to be the one, although not actually in their job description, responsible for that person when they go out,” says Newman.

For example, fleet managers are responsible for making sure the vehicle is safe. They also check whether or not the driver has a license, but they do not necessarily analyze the behaviours of individual drivers.

This widespread lack of clarity of role and responsibility is proof that work-related driving needs to be better integrated into occupational health and safety, according to Newman.

Newman advocates for increased communication between supervisors and their workers in order to improve safety, and that such messages should be clear, “context-specific”, and tailored to the organization. Her research found that an increased number of safety-related discussions between a manager and driver leads to improved safe driving behaviour, as well as improved relationships, since communication can imply a supervisor’s concern for the wellbeing of his/her worker.

“Communication can (demonstrate) concern for health and well-being. If you have a good communicative relationship with your supervisor, there’s a level of respect there, there’s a level of trust and there comes a certain perception of health investment, so that supervisor is actually caring for the health and well-being of a worker,” said Newman.

Not only are supervisors important, but senior management also has the important role of making sure safety is a core value within the organization. Two ways of doing this is by focusing on risk management, and ensuring that their organization has an effective crash database system as an education tool. According to Newman, “If senior-level management aren’t aware of the safety capabilities of the drivers (and) the challenges and strengths with developing the safety skills of the supervisors, how can they develop effective safety practices and procedures?”

Despite the responsibilities of supervisors, senior managers and others in the workplace system, drivers still have a vital role of responsibility, especially in terms of their safety capabilities, attitudes, beliefs and behaviours. According to Newman, the four most common dangerous behaviours of work-related drivers are speeding, driving while tired, distracted driving and using cellphones.

Because of the interconnectedness between the driver, supervisor and senior manager, either of them or all of them can be held liable for a work-related car accident, with proportionate damages being allocated as the Court sees fit. Since the assessment of damages and investigation of a claim is holistic in nature, taking workplace systems into account and the roles of each actor is a logical component of any personal injury matter. If you have any questions, consult with a lawyer by booking a free consultation or calling 1-855-446-7765 for immediate assistance. For more information, visit our accident lawyer section.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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David, Mena and Silene were all professional and extremely helpful in getting my case resolved. Mena was quick to get back to me when I had any questions. I had a great experience with all of them.
My wife and I were involved in an accident in 2023, and we were fortunate to have HIMPRO Personal Injury and Long-Term Disability Lawyers represent us. From day one, their team showed outstanding professionalism, compassion, and dedication.

We especially want to thank David, Alex, and Mena for their incredible support throughout the process. They were always available to answer our questions, kept us informed at every stage, and genuinely cared about our well-being. Their guidance made a stressful time much easier for us to handle.

Thanks to their hard work and expertise, we achieved a great outcome, and they are still working diligently to obtain additional compensation from the insurance company and pursue the catastrophic designation for my wife.

We are deeply grateful for everything the HIMPRO team has done for us. If you ever need experienced, trustworthy, and compassionate lawyers who will truly fight for you, we highly recommend HIMPRO.
A Magician , Passionate and Tough Negotiator: David Himelfarb proves what he told me in the first meeting on my MVA case. I fully endorsed David to anyone looking for a sincere and results oriented personal injury lawyer.
After a serious MVA, where I was stopped making a left turn and was hit from behind by a fast moving vehicle. I was not able to carry on with my life as I had before the accident. David Himelfarb took on responsibility of my case personally. We developed a relationship based on trust and understanding. He acknowledged my pain, my frustration, my concern and my expectations. His years of expert lawyering were very evident almost immediately. He never disregarded my expectations but rather he empathized with me and told me where exactly they fit within the reality of the ontario justice system. His assistant Mena Brar was also a very welcomed addition to my case and my life for that matter. David and his team worked very hard for me. My case was not an easy one but in the end, I was pleased with the outcome. David’s knowledge, advice and direction were pretty much bang on. I am probably not the easiest person to please especially when I am wronged as I was. I highly recommend David’s firm and appreciate all he and his team did. I believe David to be a very honest and knowledgeable man. Trustworthy is a very good description of David from where I stand. Thank you for all you and your team did for me David.
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I had an outstanding experience with David Himelfarb, Silene Malhao, and Mena Brar on my personal injury case. From start to finish, they were professional, knowledgeable, and truly dedicated to achieving the best outcome for me. Mena was incredibly helpful in keeping me informed and ensuring everything ran smoothly. David and Silene communicated clearly, kept me updated throughout the process, and made sure I felt supported every step of the way. I am incredibly grateful for their hard work and highly recommend their services to anyone in need of expert legal representation.
I was very satisfied with the service I received. Daniel was very understanding of my situation and worked very hard for me as he was working with, from my understanding, a difficult insurance company. In the end, he did very well on my behalf.
I’ve been working with Himelfarb Proszanski since 2019, after the accident and I can’t recommend them enough. Dan Holland was the lawyer assigned to my case, and he was absolutely amazing. From day one, he was dedicated, always working in my best interest and never giving up on my case. He made sure to explain everything to me in detail, so I never felt lost or confused. Whenever I had questions, he was always accessible and quick to respond, which made me feel supported throughout the entire process. I never felt like I was alone — Dan was there every step of the way, holding my hand and making sure I understood each part of the journey. Thanks to his hard work and the incredible team at Himmelfarb Proszanski, I got the results I was hoping for. If you're looking for a law firm that truly cares about their clients and delivers results, look no further.
I would highly recommend David Himelfarb & his team to anyone needing a personal injury lawyer. He walked with me from shortly after my very serious car accident through the entire process. They looked after everything that needed to be done, answered my questions and kept me up to date on our progress. I felt I was well looked after. We have just completed mediation, and I am very satisfied with the results. I now understand the importance and value of having an excellent personal injury lawyer.
Mena is always welcoming, professional, and incredibly helpful.from my first call she consistently provided excellent service with a friendly attitude. Her efficiency in managing appointments and quick responses to any inquiries made the entire experience smooth and stress-free.highly recommend Mena for exceptional front desk support!

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