Falling furniture is a risk to kids’ health

In January 2017, the internet was thrilled by a viral video captured by a child monitor camera that showed a two-year-old Utah boy helping his twin brother escape from underneath a chest of drawers. According to the BBC, the boys’ parents were hesitant to release the video, but in the end decided it could help raise awareness of the dangers posed by unsecured furniture.

Their decision was a good one: falling furniture, especially dressers and televisions, are a common and growing source of injury for children in North America. In some cases, an Oakville product liability or personal injury lawyer may be able to help you access compensation for your child’s injuries. Last December, Ikea paid $50-million to three American families whose young children were killed by falling Malm dressers. The families, according to the Financial Post, “argued that Ikea knew about the danger the Malm dressers posed.”

While a personal injury lawyer can help you recover from the trauma of an injured child, there are important steps you can take to avoid falling-furniture injuries altogether, including anchoring your television to the wall.

Falling TVs have become a profound risk to the health of Canadian toddlers. According to a 2015 paper published by researchers at St. Michael’s Hospital in Toronto, falling televisions are causing children ‘an increasing number of serious head and neck injuries.’

“TVs are often placed on unstable bases, placed on high furniture like dressers, which aren’t designed for TVs, or not properly secured to the wall,” explained Dr. Michael Cusimano, a neurosurgeon at St. Michael’s and the paper’s lead author, in a release. “Meanwhile, parents are getting busier and busier and don’t have as much time to supervise children, so it’s not surprising that these injuries are getting reported more often.”

The surge in falling-TV injuries can be attributed to increased ownership – 95 per cent of Canadian households now own a TV – and the affordability of larger units. The growing prevalence of these injuries applies across North America, as well: according to Global News, falling televisions sent almost 200,000 children to the emergency room over 20 years in the United States.

St. Michael’s recommends a number of steps to improve safety in Canadian homes. Firstly, they advocate for improved awareness by children, parents, teachers, and medical professionals on the dangers of falling furniture. They recommend that homeowners fasten or secure all furniture to the wall, when given by the option by manufacturers, and that they resist leaving toys or remote controls on high surfaces in homes with small children.

If you or your child has been seriously hurt by a falling TV, dresser, or other piece of furniture, contact a Will Davidson LLP personal injury lawyer to learn more about your legal options. We offer free, no-obligation consultations to help you better understanding your situation.

Who is liable for the injuries I suffer at a gym or fitness club?

January and February are traditionally busy month at Ontario’s gyms and fitness clubs. According to a recent CBC article, about 10 per cent of GoodLife members join in the first month of the year, while the Better Business Bureau believes gym activity in January surges 50 per cent from December. At Kitchener, Ontario’s World Gym, up to 70 per cent of members join in January.

“We’ll have the New Year’s resolutioners from this year, and then we’ll have some from last year coming back again… people that have had their membership, maybe not used it as much as they intended from say March [until] now, and re-starting back up again,” World Gym manager Andrew Kennery told the CBC.

While this annual surge in gym activity bodes well for the health of Ontarians in general, Ontario personal injury lawyers understand that going to the gym poses risks of its own, especially for inexperienced athletes. While your risk of injury is small, there are steps you can take to protect yourself from damages.

The Consumer Product Safety Commission (CPSC) estimates that 62,700 injuries related to exercise equipment, including 24,000 from treadmills, are treated in American emergency rooms each year. While not all of these will occur at membership health clubs, they underscore the need to exercise caution while exercising with machines. Before you join a gym, make sure to take a tour and try to determine the condition of the equipment on offer. Because you will have to sign a waiver before joining, the ability of Ontario personal injury lawyers to access compensation for your injuries may be limited – your best bet will be to avoid badly equipped facilities altogether.

Depending on the conditions of your membership agreement and the circumstances of your injury, your fitness club may be held liable for the damages you suffer. In situations where a gym’s owner and staff show no regard for the members’ safety, your injuries may be tied to the facility’s negligence. If you are injured under these conditions, make sure to act quickly after you are injured: take pictures of the equipment, recruit fellow members as witnesses, and contact Will Davidson’s team of Ontario personal injury lawyers as soon as possible.

Beyond performing a careful inspection of your club’s exercise equipment, there are variety of steps gym-goers can take to avoid injury:

  • Always warm up. Your body needs to ease into rigorous exercise. Stretch, ride an exercise bicycle, or jump rope before and after each workout to avoid shocking your body.
  • Know your limits! Chances are you’re not training for the Olympics; if your body is in pain, it’s time to stop pushing. Listen to what your muscles and joints are telling you to avoid doing serious harm.
  • Eat well before and after every workout, and keep well hydrated throughout.
  • Talk to a professional before embarking on any kind of training regimen. Exercises like weight lifting may seem intuitive, but take experience to master. Your gym will have trainers and fitness advisers on staff – avail yourself of their services.

If despite your best efforts you suffer an injury at a gym or fitness club, Will Davidson LLP’s team of Ontario personal injury lawyers are here to help. Give us a call right away to set up a free, no-obligation consultation.

Winter has arrived! Here’s how to stay safe.

Oakville, like the rest of Canada, is prone to bad weather during the winter months. And while seasonal variety is part of the unique charm of Ontario living, there’s no denying that winter brings with it certain health risks. Slick roads and holiday driving are a recipe for traffic disaster, and icy sidewalks cause innumerable slip-and-fall incidents between December and March.

There are steps you can take to avoid injuries this season and, if a winter accident can’t be avoided, you can always contact an Oakville personal injury lawyer at Will Davidson LLP.

Driving

Drivers can take a number of precautions to ensure they get through the winter safely, and chief among those is equipping your car with winter tires. Thanks to their far superior traction compared to all-season tires, winter tires allow you to brake, turn, and accelerate more reliably in slippery conditions.

“Your tires are the only part of your vehicle that actually touches road in winter,” Michelin expert Carl Nadeau told the Globe and Mail in a recent article. “Making sure your vehicle is equipped with the right set of winter tires is integral to your road safety.”

Although most Canadians take the installation of winter tires for granted, a significant number fail to equip their cars come December. According to Michelin, as many as one in three Canadian vehicles rely on all-season tires throughout the winter months.

Even with winter tires, drivers should exercise extreme caution on the roads, especially during bad weather. Richard Warrington, an advanced driving instructor from Comox, BC, told the Globe and Mail that simply slowing down can make you significantly safer.

“Everything needs to slow down,” he said. “It’s not just speed, it’s the way you handle the controls. You don’t accelerate as fast on snow or ice. You don’t brake as hard.”

Outside of the vehicle

Drivers aren’t the only ones at risk of injury during the winter months. According to the Toronto Rehabilitation Institute (Toronto Rehab), Ontario emergency rooms treat approximately 21,000 patients with slip-and-fall injuries every winter. And while slipping on ice can seem like a minor incident, there can be serious repercussions, especially for elderly people. If you’ve experienced a slip-and-fall injury, you should contact a Will Davidson Oakville personal injury lawyer as soon as possible.

“It’s nasty if your break your hip,” said Toronto Rehab research director Geoff Fernie told the National Post. “You may never be mobile again if you’re older. With head injuries, some people die of it.”

Indeed, a recent Toronto Public Health report revealed that more than 40 per cent of people aged 35-39, and 60 per cent of people 60 or older stay indoors more often as a way to cope with dangerous winter weather.

“A lot of elderly people choose not to go out,” Fernie said. “So they get no exercise and they get depressed and isolated.”

In an effort to get more people outside, Toronto Rehab has developed a rating system to measure the slip-resistance of winter boots.

“For the first time, consumers will have winter slip resistance ratings available when they purchase winter footwear,” the Institute announced. The system uses the innovative “snowflake scale” to rate the boots: if the boot can grip an incline of seven degrees, it is rated one snowflake; if it can climb an 11 degree incline, it earns two snowflakes.

“These people are very seriously on to something,” remarked Barry Wellar, emeritus professor of urban transportation at the University of Ottawa, to the National Post. “Not everybody has proper footwear. They may think they have, but they don’t.”

How can an Oakville personal injury lawyer help?

Whether you have been injured in a winter driving accident or a seemingly innocuous slip-and-fall incident, you may be entitled to compensation to facilitate your recovery. If you have been involved in an accident, contact an Oakville personal injury lawyer today to set up a free, no-obligation consultation.

The top five personal injury settlements in Canadian history

Initiating a personal injury lawsuit may seem like a money grab, but in most cases the injured party has had his or her life severely altered from a legitimate accident, and financial compensation is vital to their recovery. An experienced, local Oakville personal injury lawyer can help injury victims access rehabilitation services and regain a measure of control over their lives.

Will Davidson LLP stands by the principle that an individual is entitled to full compensation for the actual cost of the care that he/she needs for the rest of his/her life. When faced with the aftermath of a tragic accident, an Oakville personal injury lawyer can be invaluable. While court costs will exist regardless of your case’s outcome, your lawyer’s fees will be paid in the form of a percentage of the compensation you receive from your winning case. This payment structure incentivizes lawyers to win big on your behalf.

When a person suffers a serious personal injury, their cost of living can grow exponentially. As such, we have compiled a list of the largest personal injury settlements in Ontario to illustrate the range of compensation possible in this province. These results prove the potential benefits of initiating a personal injury claim.

1. Marcoccia v. Gill, Purba Furniture Ltd. and Ford Credit Canada Ltd.

Decision: Robert Marcoccia awarded $16.9 million by jury in 2009

In June 2000, 20-year-old Robert Marcoccia was driving his Honda Civic when an oncoming furniture truck attempting to make a left turn collided with him at Rexdale and Humberwood boulevards in Toronto. The truck driver, Bhupinder Singh Gill, entered the intersection while the light was amber, and the left turn was conducted when the light turned red. Marcoccia sustained injuries to the frontal and temporal lobes of his brain from the collision.

Marcoccia’s personal injury lawyer successfully sued the furniture truck driver, the driver’s employer, and the employer’s insurance firm. As a result, Gill, Purba Furniture, and Ford Credit Canada Ltd. were found liable by a jury, and ordered to pay Marcoccia a total of $16.9 million in damages. This is the highest personal-injury award ever won in a Canadian court.

2. Sandhu v. Wellington Place Apartments

Decision: Harvinder Sandhu awarded $14.2 million by a jury in 2008

On June 5, 1997, two-year-old Harvinder Sandhu endured a five-storey fall through a damaged window at his aunt and uncle’s apartment in Wellington Place Apartments on Martin Grove Road in Toronto. The screen of the window the toddler fell from had been in need of repair, a repair the landlord had neglected to make, despite having been made aware of the problem some time before. As a result of falling five stories directly onto concrete, Sandhu suffered severe injuries, which included multiple fractures and a permanent frontal lobe brain injury.

The Sandhu family and their lawyer sued the landlord, Wellington Place Apartments, and were awarded $14.2 million for damages.

3. Gordon & Morrison v. Greig

 Decision: Derek Gordon awarded $11.37 million and Ryan Morrison $12.33 million in 2008

In September 2003, near Bradford, three young men were travelling together in a pickup truck. Ryan Morrison and Derek Gordon were passengers, and Corey Greig, who had been drinking, was the driver. While driving at high speed on City of Kawartha Lakes Road No. 4, Greig swerved to avoid an oncoming car. Subsequently, Greig lost control and the pickup rolled off the road, throwing Morrison and Gordon into a ditch.

Morrison suffered a spinal cord injury, rendering him paraplegic. Gordon sustained a brain injury so severe it left him without bladder and bowel control, and without any sense of smell, taste, hunger, temperature or sexual function.

As a result, the judge awarded Morrison and Gordon a combined total of $24 million, minus a minuscule deduction for contributory negligence, which broke down to $12.3 million for Morrison and $11.5 million for Gordon. Morrison’s awarded amount is the largest in Canada for a spinal cord injury, and Gordon’s is one of the largest awarded amounts for a brain-injured adult in Canada.

4. MacNeil v. Bryan

 Decision: Katherine-Paige MacNeil awarded $18.4 million in October 2009

On August 2, 2002, in Adjala-Tosorontio Township, northwest of Toronto, a serious motor vehicle crash occurred as a result of running a stop sign. Driving with 15-year-old Kathrine-Paige MacNeil in his grandmother’s 1989 Ford Tempo, 16-year-old Trevor Bryan went through a stop sign on a rural road, which sent the car airborne before it smashed into a ditch.

MacNeil suffered catastrophic injuries including a skull fracture which left her with multiple, permanent brain injuries. The judge awarded MacNeil $18.4 million.

5. John Doe v. City of Toronto

 Decision: John Doe awarded $4.45 million in 2001

The settlement has to do with an incident in which a lifeguard was alleged to be at fault. The City did not release details of the case as it is covered by a confidentiality agreement, but this is the largest payment the City of Toronto has had to pay out.

How Can an Oakville Personal Injury Lawyer at Will Davidson LLP Help You?

As illustrated above, compensation awarded in Canadian personal injury settlements span a large range. The amounts mentioned above are unique to their individual cases, and don’t set the bar for yours. To ensure you have representation that is right for your situation, accident victims should seek the services of an Oakville personal injury lawyer or disability lawyer. The lawyers at Will Davidson LLP are experienced professionals who can help victims and their families obtain money to help rebuild their lives after suffering a tragedy.

 

Why Hire an Oakville Personal Injury Lawyer?

As Toronto grows into a world class metropolis, individuals living outside the city’s core are flocking downtown in search of the best quality legal representation. However, the best representation can often be found closer to home: if you or someone you love has suffered a serious injury, consider hiring a local Oakville personal injury lawyer for the following reasons:

Location and Cost

When a person suffers an injury, they will often seek out a sense of resolution or closure, which can be achieved, in part, through a monetary award. Effective legal representation is essential to reaching this sense of resolution, but high-quality representation can be expensive: disbursement fees, which clients are ultimately responsible for paying, are incurred throughout the legal process, and can have reduce the sense of satisfaction that a positive outcome might bring. By selecting a lawyer located nearby a local courthouse, clients can ensure minimal travel times on motions, hearing, and other court proceedings, thereby keeping costs low. Will Davidson’s Oakville offices are ideally located within a half-hour commute to courthouses in Milton, Brampton, Toronto, and Hamilton.

Convenience

Unfortunately, personal injury claims require more from injury victims than simply retaining a lawyer and waiting for their case to be resolved. Rather, litigants’ involvement is often required throughout the proceedings, including during initial client intake interviews, examinations for discovery, settlement meetings, mediation, and arbitration. Between these stages, clients often meet regularly with their lawyers to assess changes, prepare for different stages of litigation, and discuss the status of their case. Clients can save time and money by selecting a local Oakville personal injury lawyer.

Familiarity with Court Procedures

Procedures for attendance at different stages of litigation such as trial scheduling, motions, pre-trials, and filing materials may vary by courthouse. Failure to properly comply with relevant court procedures can result in costly mistakes, and can hurt the client’s chances of obtaining an expeditious judgment. An Oakville personal injury lawyer is more likely to be familiar with local courthouses’ unique procedures, ensuring your case is litigated in the most efficient and effective possible manner.

Investigating your Case

A strong personal injury case requires a thorough investigation of the parties involved and the circumstances leading to the injuries, and identifying who should be held responsible. A local Oakville personal injury lawyer is more likely to be familiar with the location and parties involved in the dispute, and is therefore better positioned to earn their clients the resolution they seek. By hiring a local lawyer, injury victims are also hiring the unique experiences and relationships that lawyer has within the community.

Personal Injury Experience

In the legal world, your reputation is everything. When commencing a lawsuit in a small legal community like Oakville, hiring an experienced, well-respected personal injury lawyer is critical. A local Oakville personal injury lawyer with a strong reputation will be able to command greater authority when advocating on your behalf.

If you or a member of your family has been injured and is considering bringing a personal injury claim, contact an experienced Oakville personal injury lawyer at Will Davidson today. We will be pleased to provide you with a free, 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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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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