Back to School Safety Tips Refresher

 

Back to school season has arrived, and with it, bright-eyed and bushy tailed children make their daily commute. Here are some tips to keep our children, roads and communities safe and accident-free.

Stop for Flashing Lights: It’s the Law!

According to Transport Canada Statistics, school buses are one of the safest modes of transportation.1 However, maintaining this high standard of safety requires your help as a driver. Have you ever been late for work only to get caught behind a school bus with its lights on? Your foot is on the pedal, and you’re tempted to pass the stopped bus. Under the provincial Highway Traffic Act, it is illegal to pass a school bus that is stopped with its’ red signal lights flashing.2 When approaching a bus with the signal lights flashing, stop before the bus. Do not proceed until the bus driver has turned off the lights, stowed its stop sign and begins to move. Failure to comply with this law can result in a substantial fine and three demerit points.3 Subsequent offences can result in prison time.4 Obeying this important rule of the road helps to keep children safe while crossing the road to board the bus.

Crossing at Intersections

Traffic engineering studies show that pedestrians will usually choose the shortest distance route when crossing a road to get to their destination.5 As a driver, this means you must be vigilant when approaching an intersection. Scan both sides of the intersection for pedestrians who might be jay-walking. Where crossing guards are present and displaying a stop sign, the law requires that you stop prior to reaching the crossing and remain stopped until all pedestrians including the crossing guard have cleared the road.6 As a parent, instruct your children to only cross at the appropriate crosswalks after checking both ways to ensure it is safe to do so. Requiring your child to obey the directions of crossing guards will help to ensure the safety of all. Teach your child to refrain from jaywalking. Research shows young children have difficulty judging speed and distance, have a limited sense of danger and fail to understand or see complex traffic situations.7 Educating your child on the use of crosswalk signals and their meaning can help make for a safe and enjoyable commute to and from school.

Commuting to College or University? Stay Sober, Stay Safe

Young drivers between the ages of 16 to 24 are statistically more likely to be involved in alcohol and or/drug related fatalities while driving than any other age group.8 The American Brain Injury Society reports that young drivers are also more likely to drive while fatigued, drowsy or distracted.9 Further, even when they are not impaired, the Canadian Centre on Substance Abuse notes that 16-19-year-olds have a fatal crash rate four times higher than drivers aged 25-34, and nine times higher than those aged 45-54.10 Preventing the problem of youth drug and alcohol impaired driving requires concerted efforts from parents. Educate your child on the dangers of impaired driving before going off to school. Taking the time to have this conversation could save lives.

Have you or your loved one been injured in a motor vehicle accident?

Despite our most concerted efforts, accidents do happen. If you or your loved one have been injured in a motor vehicle accident, our Oakville personal injury lawyers at Will Davidson LLP are here to help. Our lawyers are well equipped to assist you with your needs, and we are conveniently located at 1464 Cornwall road. Call us today at 905-337-9568 to schedule your no-obligation consultation.

References

  1. https://www.tc.gc.ca/eng/motorvehiclesafety/tp-tp2436-rs200702-menu-133.htm
  2. Highway Traffic Act s 175(11)
  3. http://www.mto.gov.on.ca/english/dandv/driver/handbook/section2.5.2.shtml
  4. HTA s 175(17)
  5. https://www.tc.gc.ca/eng/railsafety/publications-53.htm#5
  6. HTA 176(3)
  7. Supra: https://www.tc.gc.ca/eng/railsafety/publications-53.htm#5
  8. https://canadasafetycouncil.org/news/national-safe-driving-week-drugs-and-driving-deadly-combination
  9. https://canadasafetycouncil.org/news/national-safe-driving-week-drugs-and-driving-deadly-combination
  10. Holmes, E., Vanlaar W., and Robertson, R., The Problem of Youth Drugged Driving and Approaches to Prevention: A Systematic Literature Review (2014) Canadian Centre on Substance Abuse at 1.

I was injured in a boating accident – do I have a claim?

This year’s summer has been marked by record temperatures. With the Civic Holiday gone, you’ve had the chance to engage in some recreational boating and soak up the sun. But what started as a peaceful and relaxing long weekend turned into an unfortunate boating accident. You’ve sustained injuries, and you’re wondering if you have a claim. Here are some things to consider:

Has a boating accident occurred?

In Ontario, liability for injuries that occur while boating are governed by the Marine Liability Act. Boating accidents encompass a broad area of law and can include accidents resulting from boating, jet skiing, scuba diving and even swimming and fishing accidents where a boat is involved.

What are the extent of your losses?

Losses stemming from a boating accident can go well beyond the actual injury itself. Have you missed work or are unable to return to your place of employment? Are you suffering from severe and ongoing pain? Do you have out-of-pocket medical expenses? If so, you may have a compensable claim.

When did the accident occur?

One of the first things you should be asking yourself is when the accident occurred. All boating accidents have a two year limitation period. This means that you have two years from the date of the accident to file an action to recover damages. If you are bringing the claim on behalf of deceased relative who died as a result of the accident in question, you have two years from the date of their death. These limitation periods are crucial, as missing a limitation deadline can result in you being unable to recover damages for your losses. If you are uncertain of when the limitation period began, contact a lawyer immediately.

Who was involved in the boating accident?

A very important consideration is ascertaining who was involved in the boating accident. Anyone acting carelessly can potentially be held responsible for damages ensuing from their negligence. If you were a boat operator, there is a possibility you could be exposed to liability as a result of any injuries your passengers or the passengers of another vessel sustained. You may also have a claim against a third-party for contributory negligence.

If you were a passenger, you may have a claim against more than one party. In accordance with the Marine Liability Act, liability for losses you have sustained can be apportioned depending on the parties at fault. You may have a claim against the operator of the boat you were on, the operator of another vessel involved in the accident, or the owner of a pier or dock where the accident occurred.

Who is your insurer?

Do you have an insurance policy? If so, it is important to check the wording of that policy. Not all insurance policies cover injuries or losses resulting from boating accidents. In the event your policy does address boating accidents, not all types of resulting losses are necessarily covered. It is important to understand the extent of your coverage, and if possible, seek reparation from your insurer in addition to filing a lawsuit.

Contact an Oakville Personal Injury Lawyer at Will Davidson

At Will Davidson LLP, our personal injury lawyers in Oakville have been representing individuals for over a decade. Will Davidson LLP has been representing clients for over 90 years. If you or a loved one has been injured in a boating accident contact our office today. With our office conveniently located on Cornwall road our lawyers are well equipped to assist you with your needs. Call us today to schedule your no-obligation consultation.

Seek a Second Opinion with Our Oakville Accident Lawyers

Similar to a doctor’s diagnosis, you have the right to a second opinion with a personal injury claim. Not only is it possible to get a second opinion, but lawyers in Ontario also have an ethical obligation to facilitate a client request for a second opinion. According to the Ontario Bar Association’s code of ethics, if a client desires a second opinion, his or her lawyer should provide assistance. While this can extend to recommendations and referrals, at the very least your personal injury lawyer in Oakville should provide a written summary of the progress of your claim that you can use for receiving a second opinion.

There are several benefits to acquiring a second opinion in light of a personal injury case. You may find that a lawyer will refuse your claim because the case is not strong enough, is unprofitable, or does not fit within the lawyer’s area of expertise, or schedule. In addition, you may believe that your case is worth more than what your current lawyer presents to you, and may be unhappy with the work your lawyer is doing. You may also believe that the legal fees are too high. As such, it is of vital importance that you always obtain a second opinion. At Will Davidson LLP, we pride ourselves on being the choice for many people in Oakville looking to pursue this second opinion. Our team will meet with you to review the circumstances of your case and any previous recommendations made by other firms in order to build a case.

A second opinion will provide you with peace of mind, knowing your case is being handled the way that it should be. Additionally, it provides you with a better idea of the compensation for your claim and allows for a trustworthy client-lawyer relationship. Such factors are essential to ensuring that your needs are in the hands of a personal injury lawyer in Oakville with experience and expertise in the areas you require.

Like with any claim, in order to obtain an accurate second opinion, you should ensure the following are presented:

  • Your full medical history, including reports, doctor consultations, medical bills, and pre-existing conditions prior to your injury as these are essential for evaluating your case;
  • Any other evidence you and/or your previous lawyer have gathered such as specialist medical reports as this can be the key to determining the merits of your case;
  • The full legal history of your case which includes any previous legal action on your current injury, and any related cases you have pressed or uncovered.

When you are looking for a lawyer to provide a second opinion, you should ensure that he or she:

  • Is experienced in representing claims involving injuries like yours
  • Can provide references from former clients if requested
  • Is in good standing with the Law Society of Upper Canada; and
  • Is willing to negotiate and settle the fees of your previous lawyer should he or she take the case.

In any personal injury claim, there is nothing wrong with seeking a second opinion, and you should feel free to do so. Indeed, clients seeking second opinions from our personal injury lawyers in Oakville have become more common over the past few years. What is important is finding the best personal injury lawyer for you – somebody who can handle the intricacies of the law surrounding your injury and provide you with the compensation you deserve.

Contact our Oakville Accident Lawyers for a Second Opinion on your Claim

At Will Davidson LLP, our Oakville accident lawyers can meet with you for a second opinion so that you can choose the best lawyer suited for your case. We understand that during this difficult time you need confidence in the lawyer who handles your case.

If hired, we will work hard to ensure that you get the most recoverable damages from your claim. Our personal injury lawyers regularly strive to go above and beyond your expectations to provide the very best legal representation and experience you may not find at all firms. Going above and beyond to us means staying on top of the case, keeping you updated, ensuring your benefits are being paid and redressing any setbacks, such as denials of benefits, as soon as possible to get you the most financial compensation for your case.

Contact us at Will Davidson LLP for a free, no-obligation consultation at 1-866-503-8757.

Can Social Media Hurt Your Personal Injury Claim?

If you are pursuing a claim against the at-fault party, after being injured in a motor vehicle or other accident, it is more important than ever to be aware of what you are posting on social media and how you are behaving online.

For decades, insurers have been relying on private investigators to gather surveillance that demonstrates that the injured person can do some of the activities he or she claims they cannot do, such as gardening, driving, or lifting heavy objects. Often the surveillance shows nothing inconsistent with what the injured person said, so it is never used, or is completely ineffective.

Increasingly, with the advent of the internet and social media, insurers no longer have to hire their own investigators to gather the same information at lesser cost. Many injured accident victims keep active social media accounts, such as Facebook, LinkedIn, Twitter, Instagram, and Tumblr which include photographs of daily activities and special events such as weddings and vacations. Insurance companies often do not take into consideration that social media is simply a snapshot in time and does not fully explain the circumstances of a person’s life.  Hence, if you are in the process of filing a claim, you will want to do all you can to protect your image and pursue full compensation.

When and How Can Insurers Access Your Social Media Accounts?

There are three ways insurers can access your social media accounts. The first and most obvious is by accessing your public accounts with a basic Google search. If you do not want the insurance company to be able to see your postings, you should double check your privacy settings and consider making your account inactive or not posting during the course of the lawsuit.

The second way that insurers may access your social media information is by creating fake accounts and asking to “follow” or “friend” you to see posts that are semi-public – that you show some people, but may not be accessible through a simple Google search.

Finally, if your claim progresses, the insurer may ask for social media account information or photographs from those accounts as an undertaking. If the insurer’s counsel can establish that information is relevant to the claim then it must be provided to the insurance company and their lawyer.

While social media in personal injury claims is relatively new in Ontario, the record is decidedly mixed in terms of how much weight judges will put on social media evidence in personal injury claims.

What Can You Do to Protect Your Privacy?

There are a few steps you can take to protect yourself from insurers and prevent them from accessing your social media accounts in the course of your personal injury claim.

The most basic step you can take is to increase your privacy settings and be careful about who you accept as a friend or follower. This is the most common way that insurers will try to gain access to social media accounts. Double check your privacy settings on another computer or cell phone to ensure that they are not publicly accessible and be wary of any requests from people you do not know in real life.

However, even with increased privacy settings, the insurer is entitled to access your account’s contents if they can show it is relevant. While this often happens later in the process, it is important to be aware of it. To avoid embarrassing posts being exposed later in your case, be careful about what you post. Ask yourself if you would be worried if the post was on the front page of the newspaper or handed over to the insurer and if you would be, you might be better off not posting it.

If you are concerned about what an insurer may be able to access, you may want to consider disconnecting altogether until your claim is over. When you meet with a personal injury lawyer at Will Davidson LLP, we will often recommend this approach and provide you with guidance on all other aspects of your case.

Contact Us at Will Davidson LLP – Personal Injury Lawyers Serving Brampton, Oakville, Mississauga & Burlington

If you or a loved one have been injured in an accident, there are many aspects of the case to consider. An experienced personal injury lawyer serving Brampton, Oakville and surrounding areas can guide you through the process and provide advice on your case. Our car accident injury lawyers offer free, no-obligation consultations. To learn more, contact us at 1-866-503-8757 today.

 

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Filing a Wrongful Death Lawsuit in Oakville

Losing a family member is very distressing, particularly if your loved one passes away because of the wrongful conduct of a person or group of people.  Of course, no remedy can fully compensate for your resulting loss, but if someone else’s negligence or intentional action is responsible for the death, you may want to hold that person legally responsible. Keep in mind that a “wrongful death” claim is strictly a civil claim for compensation. It is separate and apart from a criminal case, if any, and neither proceeding has an impact on the other.

Thresholds for Establishing a Wrongful Death Claim

The threshold for establishing a wrongful death claim requires proof that the death resulted from the negligence or deliberate action of another party. It is also necessary to establish that the death caused measurable damages to the dependents. Contributory negligence or failure to mitigate does not preclude a successful claim from occurring, though it can reduce the total amount of recovery available.

How do I File a Wrongful Death Lawsuit in Ontario?

The ability to sue for loss due to death is not a traditional right in common law as the deceased cannot bring forth a claim. However; the Ontario Family Law Act, 1990 (the “FLA”) makes it possible for dependents to make a claim. Hence, damage compensation can be claimed directly from the wrongdoer or their insurer. A personal injury lawyer in Oakville can determine which laws apply to your case and if there is insurance applicable to cover the claim.

Who Can Bring a Claim?

Section 61(1) of the FLA, states that spouses, children, grandchildren, parents, grandparents, brothers and sisters of the deceased, can be awarded damages pursuant to a FLA claim. In Miron v. Trudel, these limitations were further broadened to include unmarried life-partners.

What Losses Can Be Recovered?

As identified under s.61(1) of the FLA, family members are entitled to recover damages if a family member has passed away as a result of the accident or succumbed to their injuries. Such damages include future loss of shared family income, future loss of family work, and future loss of wealth, such as the deceased’s inheritance or estate. Evidence from family members who lived with the individual is highly important to support the FLA claim.

Under s.62(2) of the FLA, the same family members may also make a claim for actual expenses reasonably incurred for the benefit of the person killed, actual funeral expenses reasonably incurred, and a reasonable allowance for travel expenses. Most significantly, he or she may claim non-pecuniary losses, assessed based on the “loss of guidance, care, and companionship” that the claimant might have reasonably expected to receive from the person had the death not occurred.

In determining non-pecuniary damages, the court will consider the age, mental and physical condition of the claimant, and whether or not the deceased lived with the claimant. In the cases where a deceased did not reside with the claimant, the court will consider the frequency of the visits. Additionally, the court will also consider the intimacy and quality of the claimant’s relationship with the deceased, the claimant’s emotional self-sufficiency, if the decedent’s spouse remarried, and the life expectancy of both the deceased and the claimant or the probable length of time the relationship would have lasted.

In addition to the particular nature of the family relationship involved in the claim, the total amount of damages awarded will depend on the specific facts and circumstances of the incident which caused the death. A wrongful death claim often occurs in the context of a medical malpractice action or an automobile accident, though any variety of claim types are possible including negligence in failing to enclose a swimming pool which results in a child’s death.

A wrongful death lawyer in Oakville will meet with you to understand your situation and investigate the circumstances of your claim. We will pursue fair compensation on your behalf and assist so that you don’t have to navigate the complex legal system on your own.

Wrongful Claims for Children

A wrongful death claim for children is differentiated from other wrongful death claims, as children are entitled to a relatively higher threshold of damages. In the motor vehicle accident case of Vana v Tosta, the Supreme Court of Canada determined that two children, aged 9 and 12, could recover a loss of their mother’s guidance, care and companionship.

For the other recoverable categories under the FLA, the Ontario courts have assessed damages across a wide spectrum.

Is There a Time Limit for Filing a Claim?

A wrongful death claim needs to be filed within two years of the death according to the Ontario Limitations Act, 2002.

Speak to a Wrongful Death Lawyer in Oakville at Will Davidson LLP

If a loved one has died and you suspect that the death was someone else’s fault, contact us at Will Davidson LLP so that we can review the details and circumstances surrounding the incident and assess whether we can file a wrongful death claim for you and your family. Our personal injury lawyers in Oakville are experienced in wrongful death claims and can provide a complementary, no-obligation consultation on your potential case.

Our fees are recovered only if and when the damages are recovered. Your loss may be traumatic, but you owe it to yourself and your family to find out if you are eligible for compensation. Contact us at Will Davidson LLP at 1-866-503-8757 today.

What Do I Do if I’m injured in a Hit and Run Car Accident?

Earlier this month, the media reported on a fatal hit and run accident in Scarborough which resulted in the death of a 56-year-old pedestrian. The driver was later identified in the course of the investigation and has since accepted responsibility for the accident.  Currently there are a large number of similar incidences which remain unknown to police officers as many drivers fail to report them. Instead, in an attempt to escape the situation, drivers may choose to drive away from the scene.

Over 35,000 drivers per year in Canada are estimated to have been charged with offences related to hit and run motor vehicle accidents. The number of actual hit and run accidents may be even greater, due to the fact that many drivers are never identified or charged.

Unfortunately, hit and run accidents that lead to injury or death of other drivers, passengers and pedestrians are common. Our Oakville accident lawyers want you to be prepared and understand what to do if you are injured in a hit and run motor vehicle accident.

What is a “Hit and Run Accident?”

 A hit and run accident is the result of a motor vehicle accident whereby an involved driver fails to remain at the scene.

In Ontario, under s.200(1) of the Highway Traffic Act, all drivers are required to remain at the scene or return to the scene as soon as possible, render all possible assistance, and upon request, provide injured persons or police officers with their name, address, driver’s license, insurance and permit information. Notably, in cases where there are no injuries and the total damage to the vehicles appears to be $2,000 or less, a driver may instead report their accident at a Police Reporting Centre.

Failure to report the accident can result in a penalty of between $400 and $2,000, or imprisonment for a term of up to six months. In addition, the driver’s license or permit may be suspended for up to two years depending on the severity of the accident.

Common Causes of Hit and Run Accidents in Ontario

The most common causes of motor vehicle collisions include; rear-end collisions from following too closely or stopping suddenly, side-swept accidents from unsafe lane changes, and collisions arising from unsafe left turns.

Escaping liability is not necessarily the reason why a driver may choose to flee the scene of an accident. Usually inexperienced drivers are unaware of the proper steps to take following a collision. In addition, some drivers are already wanted by the police for other crimes and as such may worry that staying at the scene will put him or her in jeopardy of being charged with other offences. These offences may include; impaired driving, driving without insurance or a license, illegal status, or driving a stolen vehicle.

What are your Obligations as an Injured Victim?

First and foremost, your obligation in any motor vehicle accident is to ensure the safety of yourself, others in your vehicle, and those at the scene of the accident. You should also take steps to seek appropriate medical care, such as contacting an ambulance if you or anyone else requires emergency medical care.

Your next priority is to report the accident to police. Once capable, you should make a reasonable effort to identify the driver involved. This includes exchanging information with the parties who remain at the scene, including other drivers or passengers involved in the accident, pedestrians or any other witnesses to the accident.

It is also important that you let your Oakville accident lawyer know as soon as possible if and when you become aware of the involvement of an unidentified driver.

Accident Benefits Compensation

As with all motor vehicle accidents in Ontario, if you become injured in an accident, regardless of fault for the accident, you are entitled to no fault accident benefits, which are often covered by your insurer.

Accident benefits are defined under the Statutory Accident Benefits Schedule and they provide compensation for lost wages, medical and rehabilitation treatment and attendant care if required.  As these benefits are through your own insurer, they are not usually affected by a driver’s failure to remain at the scene of the accident

Contact a Car Accident Lawyer in Oakville at Will Davidson LLP

If you or a loved one has been injured in a motor vehicle accident, contact a trusted car accident lawyer in Oakville for advice as soon as possible. At Will Davidson LLP, we specialize in assisting injured parties obtain fair compensation after an accident. Call us today at 1-866-503-8757 to schedule a free, no-obligation consultation regarding your case.

 

Spring Is Here, Look Out For Cyclists!

With spring weather upon us, we can expect to see many seasonal cyclists back out on the road. All users of the road need to exercise extra care as they share the road with others. Unfortunately, not all drivers take the caution they should around cyclists. As a result, the law requires that a motor vehicle operator who is involved in a collision with a cyclist prove that they were not negligent.

In 2013, four cyclists were killed in traffic accidents in the City of Toronto. That same year, the website BlogTO published a list of the 10 worst intersections for cyclists in Toronto. This list was compiled by Adrian Verster by crunching more than 25 years of GPS tagged statistics from the Toronto Traffic Safety Unit on injuries involving cyclists. The intersections where the most cyclists suffered personal injury are:

  1. Lake Shore Boulevard East & Carlaw Avenue;
  2. Queen Street West & Niagara Street;
  3. Queen Street East & River Street;
  4. Bathurst Street & Davenport Road;
  5. Avenue Road & Lonsdale Road;
  6. Bloor Street West & Brock Avenue;
  7. Bloor Street West & St. Thomas Street;
  8. Lake Shore Boulevard West & Jameson Avenue;
  9. Bloor Street East & Castle Frank Road; and,
  10. Bloor Street East & Parliament Street.

(source:

Another danger facing cyclists is poor road conditions. Roads may have eroded during the winter.  If you are involved in a cycling accident due to poor road conditions that results in personal injury and wish to bring a claim against a city, province or agency, you will have to prove the following elements:

  1. You must show that the poor road conditions actually caused the personal injury. In doing so, you will have to show that you were driving safely given the conditions of the road;
  2. You must show that the city, province or agency, or a contractor that they hired, had a duty to maintain the road in question and keep it safe; and,
  3. You must show that the city, province or agency was negligent in maintaining the road in a safe condition for cyclists.

So how can you protect yourself from personal injury as a cyclist? Here are our top safety tips for preventing personal injury as a cyclist:

  1. Wear a helmet – it could save your life;
  2. Stick to cyclist-friendly roads with wide shoulders or bike lanes;
  3. Approach parked vehicles with caution – cyclists have sustained personal injury and even perished due to drivers opening their car doors;
  4. Be visible – wear reflective materials, bright colours and use lights at night; and,
  5. Obey the rules of the road – treat other road users with respect, obey traffic signs and signal your intention to other road users.

If you are a loved one has suffered personal injury as a cyclist, please contact our Oakville personal injury law firm. At Will Davidson LLP, our expert personal injury lawyers have helped many cyclist personal injury victims receive compensation they deserve.

 

Uber car accidents: Are you covered?

With the increasing popularity of ridesharing services such as Uber, there may be a corresponding increase in car accidents

In October 2014, the Insurance Bureau of Canada warned wannabe ridesharing drivers that their personal car insurance won’t cover them if they are involved in an Uber car accident or a passenger is injured. If drivers want coverage, they will have to pay for commercial insurance coverage.

However, Uber released the following statement in response to the Insurance Bureau’s concerns, assuring potential customers it has a $5M USD policy for motor vehicle accidents:

“Every ride on the uberX platform in Canada is backed by US$5,000,000 of contingent auto liability insurance covering bodily injury and property damage. In the event of an accident during an uberX trip, passengers, pedestrians, other drivers, and the community at large can rest assured knowing that ridesharing partners are well covered by commercial auto insurance in addition to any insurance coverage maintained by the driver. This US$5,000,000 of coverage is more than two times the standard requirement for taxi and limo insurance in Toronto and is written by an insurance company rated A+ (Superior) by A.M. Best”

Also in October 2014, Luigi Dilorenzo, a private investigator and former Toronto police officer, posed as an interested UberX driver applicant. He was hired by the City of Toronto as part of their ongoing investigation into Uber’s driver-screening process. The City of Toronto is fighting to stop UberX in Toronto, arguing that they are flouting the City’s taxi licensing regulations.

Uber Logo
Uber is a popular ride sharing service

 

If a loved one has died in an Uber car accident, it is important that you contact a specialized lawyer immediately. The laws concerning fatalities due to Uber car accidents and auto insurance are quite complex.

There are also certain issues that a specialized lawyer will be able to assist you with. There may be certain financial benefits available to a person who was injured or killed in an Uber car accident to cover death and funeral costs. There is also the availability of a wrongful death claim which would seek compensation to all eligible surviving family members entitled to financial compensation and recovery for their loss. There may also be death and funeral benefits that a family may be entitled to, as well as financial income losses to help compensate the surviving spouse or child for financial losses they suffer due to increased family responsibilities or perhaps even the loss of a dual family income. Our Oakville Uber car accident lawyers can provide you the specialized representation you need to bring claims for fatalities and injuries due to Uber car accidents. Please contact us for a free consultation.

 

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To read another interesting article from our blog, click here.
If you have been injured in an Uber car accident, contact us for more information.

Holiday Season Brings More Car Accidents

Holiday Season Brings More Car Accidents

A study done by All State Insurance shows that in the past 20 years, most car accidents have happened on three days: December 21, 22 and 23. The study counted insurance claims for car accidents in 50 separate communities in Ontario, Alberta, Quebec and New Brunswick.

 A separate Global News study showed that December 23 is the worst day for car accidents in Toronto. An interesting chart showing the average amount of car accidents each day for 2001-2011 can be found here.

 

police at car accident scene
In Toronto, pedestrians accounted for almost 2/3 of all car accident fatalities in 2013.

Data for car accidents occurring on December 23 in Toronto shows that the top locations for car accidents were Scarborough Town Centre and Dufferin Mall. If you include the rest of the week, the top locations for car accidents also include Yorkdale Mall, Sherway Gardens and Fairview Mall.

Why the spike in car accidents? Clearly there is a link between last minute holiday shopping, rushing and car accidents. Other possible reasons include more people on the roads visiting friends and family, as well as poor weather conditions typical of the winter months.

In 2013, there were 63 total car accident fatalities in Toronto. Of those car accident fatalities, 40 were pedestrians, 7 were drivers, 7 were motorcyclists, 5 were passengers and 4 were cyclists. On a positive note, only 3 car accidents were attributable to drinking and driving.

The car accident fatality rate for Toronto is 2.26 deaths per 100,000 people, which is lower than Edmonton (3.30), Winnipeg (3.12), Ottawa (3.10), Calgary (2.86), Vancouver (2.85), Hamilton (2.62) and Montreal (1.76).

A large part of our practice is representing the families of loved ones that have been killed in car accidents while walking, jogging, running or cycling. More people have died on Canada’s roadways due to car accidents in the past 50 years than the number of Canadian soldiers killed in both world wars.

If a loved one has been died in a pedestrian or bicycle car accident, it is important that you contact a specialized lawyer immediately. The laws concerning pedestrian and cyclist fatalities due to car accidents and auto insurance are quite complex. For example, the Highway Traffic Act tells us the rules of the road and how to obey those rules, however, they do not mandate for or against pedestrians crossing at uncontrolled intersections. Also, when a pedestrian is hit by a car, the law imposes a reverse onus, meaning the driver must prove that he or she was not at all negligent – at all. Every motorist has a duty to be observant of the conditions surrounding them while operating their vehicle and this duty includes keeping a lookout for pedestrians. When the driver of a car ignores safety, there is negligence.

There are also certain issues that a specialized lawyer will be able to assist you with. There may be certain financial benefits available to a person who was hit or killed in a car accident to cover death and funeral costs. There is also the availability of a wrongful death claim which would seek compensation to all eligible surviving family members entitled to financial compensation and recovery for their loss. There may also be death and funeral benefits that a family may be entitled to, as well as financial income losses to help compensate the surviving spouse or child for financial losses they suffer due to increased family responsibilities or perhaps even the loss of a dual family income. Our Oakville car accident lawyers can provide you the specialized representation you need to bring claims for pedestrian or cyclist fatalities due to car accidents. Please contact us for a free consultation.

To see an old post about car accident statistics in Toronto, please click HERE.

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