Faster speed limits mean more accidents and fatalities

 

If a panel of safety experts and car accident lawyers were asked to identify one measure which would most improve safety on Canadian streets, lower speed limits would be a popular response. Infrastructure changes are important, harsher penalties are effective with certain drivers, but lower speed limits are proven to reduce incidence and severity of accidents.

In large urban areas, reduced speed limits are a straightforward and effective approach to improving road safety. In Toronto, where pedestrian and cyclist deaths are a major concern, safety experts have called for a blanket 30 km/h limit within the downtown core. Studies suggest that fatal accidents are uncommon in areas with average travel speeds in the 0 – 39 km/h range.

Fatalities caused by excess speeds are an issue outside of city centres, as well. In July 2014, the government of British Columbia increased speed limits on 1,300 kilometres of rural highway to 120 km/h, making them the fastest roads in Canada. Now, a recent study published in the journal Sustainability has established a link between that decision and rising fatalities, injuries, and accidents on B.C. roads.

“Our evaluation found increases in fatalities, injury, and total crashes on the road segments where speed limits were increased,” the report reads. “There was a marked deterioration in road safety on the affected roads. The number of fatal crashes more than doubled (118 per cent increase) on roads with higher speed limits.”

The study also reports a 43 per cent increase in auto insurance claims for accidents occurring on the affected roads, and a 30 per cent increase in claims for accidents involving injuries.

As safety advocates and car accident lawyers have pointed out, the B.C. government’s decision was particularly misguided because it affected regions where harsh winters and challenging terrain are common and emergency medical care is sparse.

“You will recall there was a lot of controversy at the time. Public health experts said ‘don’t do this’ and so did I.” study lead Dr. Jeff Brubacher of Vancouver General Hospital told Postmedia News. “All of the pro-speed arguments, like the one that people were already driving over the speed limit, have been disproven in this research.”

If you or a member of your family have sustained injuries in an automotive accident, contact Will Davidson LLP to arrange a consultation with an experienced personal injury lawyer today. Our experienced team of car accident lawyers will work tirelessly to ensure that you have access to fair and reasonable compensation for your injuries.

Is improper car seat usage contributing to children’s car accident injuries?

There are few things more distressing for car accident lawyers than litigating injury claims involving children. Unfortunately, these cases are a reality of the job: according to Transport Canada, more than 2000 Canadian children between the ages of 1 and 4 are injured or killed in car crashes each year. Quebec’s auto insurance board, SAAQ, recently reported that car accident injuries to children had risen by 8 per cent between 2012 and 2016, even while injuries and fatalities fell across the general population. According to an SAAQ spokesperson, improperly used car seats may have played an important role in this trend.

With that in mind, the car accident lawyers at Will Davidson LLP would like to offer an overview of proper car seat and booster seat use, and answer some frequently asked questions.

What type of car seat does my child need?

Your child’s age and size generally dictates which car seat is best suited for them. Infants should ride in a rear-facing car seat until they are at least one-year-old, and weigh at least 22 lbs. Even if your child is over one year of age, you should abide by the car seat’s instructions: if your child fits the seat’s recommended height and weight, keep them in it. There’s no need to rush to a front-facing seat.

At a certain point, however, your child will outgrow the rear-facing seat and will need something bigger. Children between 22 lbs. and 40 lbs. will generally be well-suited to a front facing seat. This stage usually lasts until the child is around four years old.

When your child gets too big for a front-facing car seat, it’s time to graduate to a booster seat, which they will occupy until they grow taller than 4’9”, or older than 9-years-old.

Proper rear- and front-facing car seat use

New car models must be equipped with a Universal Anchorage System (UAS), which facilitates the installation of both front and rear-facing car seats. Before you install your car seat, however, be sure to carefully read the manual and check that your child fits its specifications.

For rear-facing car seats, make sure the seat is positioned at a 45° angle. If the slope of your seat does not allow for this, you can use a firm towel roll or pool noodle to ensure the seat is positioned safely.

Front-facing car seats must be secured with a tether strap, which is attached at the top of the car seat. If your car doesn’t come equipped with tether anchors, consider asking your automotive dealer to install them.

Booster seats

Once your child has graduated to a booster seat, they will begin using your car’s installed seatbelt system. The seatbelt should fit your child like it does an adult: make sure the shoulder strap lays over the middle of your child’s collarbone rather than the neck, and that the lap belt lays over the hips, not the stomach.

Even with a properly installed car seat or booster seat, some automotive injuries are unavoidable. If you or your child has been injured in an accident, contact the car accident lawyers at Will Davidson LLP to find out how we can help.

 

Photo credit: Lars Plougmann/Flickr

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.

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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Please contact our law firm for representation in car accidents.

Personal Injury Awards in Canada

Personal Injury

While we are used to seeing sky-high personal injury awards in the United States, Canadian courts occasionally award personal injury awards in the millions. In an article published by the CBC here, a number of large court awards were discussed.

So what kinds of claims get these high personal injury awards? Keep reading…

Justice pillar

 

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

$16.9 million personal injury award by jury in 2009

Robert Marcoccia, 20, collided head on with a furniture delivery truck that entered the intersection on the amber was trying to turn left on the red at Rexdale and Humberwood in Toronto.  The driver of the furniture truck, Bhupinder Singh Gill, was found 61% at fault because he failed to make his left turn safely. Mr. Marcoccia suffered personal injury to the frontal and temporal lobes of his brain. This affected his behavior, social abilities, emotional regulation, ability to plan and ability to understand the consequences of his actions.  He will never be able to  He requires 24/7 care for the rest of his life due to this personal injury.

 

Sandhu v. Wellington Place Apartments

$14.2 million personal injury award by jury in 2008

On June 5, 1997, Harvinder Sandhu, 2, fell five stories through a damaged window at his relative’s apartment on Martin Grove Road in Toronto. He landed on concrete and suffered multiple fractures and a permanent frontal lobe brain personal injury. The landlord of the unit was found 90% liable, as it had not fixed a broken screen through which Harvinder fell, although it had been requested many times. Harvinder will function at the level of a 12-year-old child for the rest of his life and requires 24/7 care as a result of his personal injury.

 

Gordon & Morrison v. Greig

 $11.37 million for Derek Gordon and $12.33 million for Ryan Morrison personal injury awards by judge in 2008

In September 2003, Corey Greig was driving up to a cottage weekend with his friends Ryan Morrison and Derek Gordon.  Mr. Greig was intoxicated and while driving at a high speed, swerved to miss an oncoming car and lost control of the vehicle.  The vehicle rolled and Mr. Morrison and Mr. Gordon were thrown into the ditch. Both suffered serious personal injury: Mr. Morrison was rendered a paraplegic and Mr. Gordon sustained a catastrophic brain injury. Both require 24/7 care for the rest of their lives.

 

MacNeil v. Bryan

$18.4 million personal injury award by judge in 2009

On August 2, 2002, Katherine-Paige MacNeil, 15, was a backseated passenger in the car of 16-year-old Trevor Bryan. Mr. Bryan went through a stop sign on a rural road in Adjala-Tosorontio Township and the car ended up smashed in a ditch. Ms. MacNail suffered a skull fracture and catastrophic brain injuries.

 

MacNeil v. Bryan

$18.4 million personal injury award by judge in 2009

On August 2, 2002, Katherine-Paige MacNeil, 15, was a backseated passenger in the car of 16-year-old Trevor Bryan. Mr. Bryan went through a stop sign on a rural road in Adjala-Tosorontio Township and the car ended up smashed in a ditch. Ms. MacNail suffered a skull fracture and catastrophic brain injuries.

If you or a loved one has suffered a personal injury, you have rights. Contact our personal injury law firm confidentially for more information.
 

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Will Davidson: Personal injury law firm in Oakville.

New Developments in Personal Injury Cases: Fitbit Now Being Used to Prove Personal Injury Losses

New Developments in Personal Injury Cases

 Proving Damages in Personal Injury Matters Using “Fitbit”

fitbit tracker
Source: www.fitbit.com

 In Calgary, new developments in personal injury law permit personal injury lawyers to prove their client’s claims with quantifiable data.

Fitbit, a popular fitness tracker, is being used by a Calgary law firm to show a client’s diminished physical activity levels in a personal injury claim. The client was a personal trainer who suffered injuries that prevent her from being as active as she used to be. This is apparently the first time that Fitbit data will be used in a personal injury case in Canadian court, or any other case for that matter.

What does this mean for personal injury law? A more quantifiable way to prove a client’s loss due to personal injury. However, it also means that insurers may attempt to get orders for the production of this information from Fitbit’s owner, Vivametrica, in order to show that a plaintiff did not in fact suffer the personal injury to the extent they alleged.

Read more about this interesting development in personal injury law here.

If you or a loved one has suffered personal injury, whether it be from a car accident, slip and fall, or any other cause,  you have legal rights.

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Please contact our Oakville personal injury law firm for more information about bringing a claim for personal injury damages and scheduling a free consultation.

Wicked Winter Ahead: Safety Tips for Preventing Car Accidents

Winter is coming and with it, an increased risk of car accidents

Holiday season is fast approaching, and with it, winter weather and more car accidents.

Car accidents are common sights on our roadways during the winter. In an effort to reduce car accidents, we’ve put together this list of tips to keep you safe this winter.

 
tire on the snow

 

1. Check coolant levels: Coolant is responsible for making sure the engine warms up properly. Many people are unaware that coolant should be changed every two years. Reduce your risk of getting into car accidents by keeping proper levels of coolant in your vehicle.

2. Warm-up your car: Letting your car idle for a minute after starting allows fluids to move throughout the engine, ensuring that it is protected. This too can prevent car accidents.

 3. Check and change your tires: Winter snow tires should be placed on cars when the temperature drops below 7 degrees Celsius. Winter snow tires are important for preventing slippage on ice and snow, a major cause of winter car accidents. Check your tires for wear, as worn down treads increase the risk of car accidents.

4. Keep your speed down: While it’s always important to drive cautiously to prevent car accidents, in the winter it’s important to drive at an appropriate speed given the weather conditions. Speed is a leading cause of car accidents. Never use cruise control and accelerate with caution.

5. Keep ice off: Keep a window scraper and brush in your car to keep your windows clear of ice and snow. You may also want to consider keeping a small shovel in your trunk in the case your car becomes stuck in a snow bank. Snow and ice on the windshield, mirrors and windows can cause car accidents.

6. Keep your fuel tank full: In the unfortunate case you end up getting into one of the many car accidents that will happen this winter or other situation where you are stranded, having extra fuel in the tank can keep you idling and warm for hours.

7. Don’t be distracted: Texting and driving is a leading cause of car accidents anytime of the year, so put down the phone to lower your risk of car accidents. Nothing is as important as the safety of you and your passengers.

Claims for Car Accidents

Every driver in Ontario is required by law to have an automobile insurance policy in the case that they are involved in car accidents . If you have been injured in a car accident or multiple car accidents, you have legal rights to sue the at-fault driver. Contact our Oakville personal injury and car accidents law firm for more information and a free consultation about your claim. The statute of limitations to start a law suit, including car accidents lawsuits, is two years from the date of the car accident. If you miss this limitation period, you will not be able to bring a claim for injuries sustained in the car accident or car accidents. Our Contact our Oakville law firm respecting car accidents.
 

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Ins-and-outs of e-bikes

The Regulation of E-bikes in Ontario

E-bikes (electric bicycles) are an increasingly common sight on Ontario roads and sidewalks. They can be the cause of significant personal injury.

Many people wonder – are e-bikes regulated the same as motor vehicles?

e-bike
An E-bike

For all regulatory purposes, e-bikes are treated the same as non-motorized bicycles. Riders must be 16 years of age or older, wear an approved bicycle or motorcycle helmet and follow the rules of the road applicable to cyclists. Fines for riding an e-bike without an approved helmet range from $60 to $500. E-bike riders are subject to the same laws and penalties under the Highway Traffic Act and other legislation applicable to cyclists.

E-bikes are required to have pedals are not permitted to travel faster than 32 kilometres per hour. It is also an offence to modify an e-bike to operate at speeds faster than 32 kilometres per hour. It is up to each individual city or town to decide where e-bikes can be operated – whether it is on municipal streets, bicycle lanes or walking trails. In Toronto, e-bikes are not permitted to ride on bicycle paths or in bicycle lanes if they are making use of the motorized. E-bikes with over 24 inch wheels are not permitted to ride on Toronto sidewalks. E-bikes are not permitted on any 400-series highways or expressways anywhere in Ontario.

What is concerning about e-bikes is the fact that e-bike owners and operators do not need to hold a valid drivers license or insurance. E-bikes are frequently seen weaving in and out of vehicular traffic on busy city streets. Many owners remove the pedals from their e-bikes. However, removing the pedals will classify the e-bike as a motor vehicle, and riders of such modified e-bikes will then run the risk of being convicted under the Highway Traffic Act for driving without a license or driving without insurance.

If you or a loved one has suffered personal injury due to an accident with an e-bike, please contact our Oakville personal injury law firm for more information about personal injury sustained due to e-bikes.

 

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When Poor Road Conditions Cause Car Accidents: What You Can Do

Poor road conditions, potholes and prevention

Have you been in a car accident caused by poor road conditions?

Poor road conditions cause up to 10% of car accidents.

Pothole Dufferin St Toronto
Pothole on Dufferin Street, Toronto, Ontario

While 90% of car accidents are caused by driver error, the other 10% are caused by poor road conditions such as potholes, erosion, shoulder drop-offs, missing guardrails, lack of maintenance and bad design. These accidents can cause car damage, serious personal injury and even death. In situations where poor road conditions led to a car accident, who is responsible?

In Ontario, responsibility for road conditions is shared between municipalities and the province. Municipalities are responsible for maintaining city streets. The Province of Ontario is responsible for maintaining provincial highways, such as the 400-series highways (401, 400, QEW, etc.) and smaller numbered highways (11, 35, 169, etc.). Provinces and municipalities are permitted to hire agencies and contractors to maintain roads and deal with poor road conditions. If your car was damaged or you suffered personal injury as a result of poor road conditions, it may be possible to bring a claim again the entities the city or province hired to complete the maintenance as well.

If you were involved in a car accident caused by poor road conditions a number of elements will have to be proven in order for liability to be found:

  1. First, it will be essential to show that the poor road conditions actually caused damage to the car and/or personal injury. In doing so, any arguments that the driver’s poor driving or other condition (such as weather) caused the accident will have to be dispelled.
  2. Second, it must be shown that the municipality or province (or the agency they hired) had a duty to maintain the road in question and keep it safe.
  3. Third, you must demonstrate that the municipality, province and/or agency were negligent in preventing and/or dealing with poor road conditions and maintaining the road. In some situations, it may also be incumbent on the plaintiff to show that the municipality, province and/or agency had a duty to warn drivers of poor road conditions where they presented a danger to drivers.

If you are considering suing a municipality, province or agency for damages for personal injury or damage to your vehicle due to poor road conditions, is very important to remember that there is a two year limitation period within which you must bring your claim. The two year limitation period generally starts on the day the car accident occurred. After this two-year period is up, you will not be permitted to make a personal injury claim.

One way we can all make the roads safer for everyone is to report poor road conditions to the municipality or province, as the case may be. Most municipalities have a 311 number people can call to report poor road conditions such as potholes, missing guard rails and road erosion. When calling about a pothole, be prepared to give the exact location of the pothole and a description of it. You can also report potholes to your local CAA branch or online at their website.

If you or a loved one has suffered personal injury or damage to a vehicle in a car accident where poor road conditions are a factor, please contact our Oakville personal injury law firm for more information about personal injury sustained due to poor road conditions.

 If you’re curious, here are the Top 10 Worst Roads in Ontario (2014), according to a CAA poll:

  1. Dufferin Street (Toronto)
  2. Stanley Avenue (Niagara Falls)
  3. Kipling Avenue (Toronto)
  4. Finch Avenue West (Toronto)
  5. Burlington Street East (Hamilton)
  6. Bayview Avenue (Toronto)
  7. Carling Avenue (Ottawa)
  8. Markham Road (Toronto)
  9. Lawrence Avenue East (Toronto)
  10. Wilson Avenue (Toronto)

Source: CAA

 

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