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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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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Have you been hit by a city streetcar or bus?

Have you suffered a personal injury in an accident with a Toronto Transit Commission (TTC), Oakville Transit, Mississauga Transit, Brampton Transit or other city streetcar or bus?

TTC City Bus

If you were involved in an accident that resulted in personal injury with a vehicle owned and operated by a city, such as the Toronto Transit Commission (TTC), Oakville Transit, Mississauga Transit or Brampton Transit, you may have legal rights to seek financial compensation for your injuries. The legal process may seem daunting, but with the help of our personal injury law firm, you can get the just and fair compensation which you deserve. 

A personal injury lawyer can help you to understand your legal rights and the complicated process of obtaining financial compensation for a personal injury sustained due to an accident with a Toronto Transit Commission (TTC), Oakville Transit, Mississauga Transit, Brampton Transit and/or other city streetcar or bus. Depending on the type of personal injury and your role in the accident, you may be entitled to statutory accident benefits coverage, which provides financial compensation for your personal injury. You may also have a civil personal injury tort claim against the Toronto Transit Commission (TTC), Oakville Transit, Mississauga Transit, Brampton Transit or other city agency involved in the accident. A lawyer at our personal injury law firm will be able to give you more information about your legal rights to compensation for your injury.

If you or a loved one has suffered a personal injury due to a collision with a Toronto Transit Commission (TTC), Oakville Transit, Mississauga Transit or Brampton Transit city vehicle, please contact our personal injury law firm for a free consultation if you would like more information on your legal rights against the Toronto Transit Commission (TTC), Oakville Transit, Mississauga Transit or Brampton Transit.  You may have legal rights due to your personal injury.

 

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Beware: Social Media and the Courtroom

Social Media can be a Plaintiff’s Enemy

Facebook has taken over the globe in unimaginable proportions. Many people use Facebook daily, especially for posting photographs of fun nights out with friends and family vacations. Privacy settings can be set quite high; however it is important to know there might always be a way around privacy settings. As an injured party, Facebook and other social media websites may become your enemy.

When you are involved in an accident, personal injury has been sustained, and a law suit has commenced, it is important to take into consideration that surveillance may be placed upon you. Another consideration to be made is that, after an accident, the opposing side may very well do investigating by way of social media sites too. When you have suffered personal injury from an accident, be sure to take extra precaution of what you are posting on these websites, because any inconsistencies between what you are saying and what is being shown, may be brought to light, despite those photographs not actually depicting the true extent of your pain from your accident injury that you may have most of the time.

Counsel has not been afraid to use Facebook and other social media cases for credibility issues during questioning and in Court for people who are claiming pain and suffering from injuries sustained in an accident.  In the Ontario Superior Court of Justice case, Kourtesis v. Joris, a young woman’s photograph postings led to her claim for damages for pain and suffering to be dismissed. The young woman claimed her social life had been ruined by the accident and subsequent injuries; however Facebook photographs depicted her out partying with friends. This led to the demise of her “ruined social life” claim and in the end, undermined her claim to have suffered other problems from the accident.

Despite irrelevant searches being looked down upon, Courts have tended to find that photographs relevant to accident injury claims on social media sites should be disclosed. For instance, if you manage to climb the tallest mountain, this should be made known. Lying and hiding those facts, even if you do have legitimate injuries, could lead to your case failing in every way. If you are on social media websites, be careful as to what you post, even if you are not part of a law suit. You never know how people may gain access to your profiles and nothing is off limits if it is relevant to your case. Always tell the truth and admit, for example, if your injuries from an accident do not cause you constant limitations and pain.

If you have sustained personal injury from an accident, do not hesitate to contact our personal injury law firm to find out about your legal rights.

 

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Accident Benefits Denials 101

Accident benefits being denied? You can do something about it!

Denied DocumentIf you have been in a car accident you may apply for and receive accident benefits. Accident benefits can be in the form of income replacement benefits or a caregiver benefit, but accident benefits also can help with medical costs, treatments and attendant care costs. The insurance company will pay these accident benefits to the person injured in the car accident once the appropriate Auto Insurance Claim Forms are filled out.

However, accident benefits are not necessarily a long-lasting payment and it is important to understand what happens if you receive a letter denying your claims.  Take the following example: When you submit a form to the insurance company for a treatment plan, the insurer will often set up a medical examination to confirm the necessity and reasonableness of the proposed treatment plan. Depending on what the insurer’s medical examiner determines, you may be denied accident benefits for that treatment plan.

What happens next? It is important that you understand that this does not always mean accident benefits are no longer possible for you. You must apply to the Financial Services Commission of Ontario (FSCO). If your medical treatment benefit, or other benefit, has been denied  it is important you take action and contact FSCO for mediation. FSCO will then schedule a mediation, supposedly within 60 days of receiving the application for mediation, but this might take longer. At mediation, negotiations around your disputed accident benefits will take place. You can negotiate for yourself, or through your lawyer. These negotiations will ideally come to a resolution of the disputed accident benefit that pleases both parties.

If mediation fails, your plight is not necessarily over with. You may either file a Statement of Claim through the Courts, which will begin a court action, or you can apply for arbitration through FSCO. With both of these, a decision-maker will decide what, if anything, you receive. Like any court action, there are deadlines to submit a Statement of Claim or an application for arbitration. Make sure to educate yourself on these deadlines so you are not prevented from getting what you deserve! This is basic information regarding the process you can do if and when your accident benefits are denied. An important website you can check out for information/instructions and important forms is:

http://www.fsco.ca/en/forms/Pages/default.aspx

If you or a loved one has sustained personal injury from a car accident and wish to gain more information on accident benefits, accident benefit denials, and tort claims and legal options, do not hesitate to contact our personal injury law firm about your legal rights!

 

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When the Doctor Gets it Wrong: Misdiagnosis and Medical Malpractice

Medical Misdiagnosis

Doctors are human and mistakes can happen. There are times when these mistakes, despite being perhaps detrimental to the patient, would not result in a successful medical malpractice case. However, the malpractice of a doctor and/or hospital can be brought to the courts, so the patient can receive compensation, when the doctor or hospital has been negligent.  An interesting area in medical malpractice law is when there is a lack of diagnosis, an incorrect diagnosis or a failure to relay a diagnosis. If these issues are as a result of a doctor’s negligent behavior, a medical practice claim may be brought against them.

gavel and stethoscopeA leading case on this area of medical malpractice and doctor negligence is that of Lawson v. Laferrière, where a woman had a biopsy in 1971, which revealed she had cancer. She was never told this and it was not until 1975 that she realized she had cancer. The court found that this failure to diagnose the patient did not ultimately cause her death in 1978, but they still awarded damages to the Plaintiff side for the psychological stress she must have felt by wondering what would have happened if she had been diagnosed in 1971  ̶̶  the “what if” type of questions. Even with an absence of trauma, a patient can still recover damages in a medical malpractice case for misdiagnosis or lack of diagnosis if mental distress exists (Anderson v. Wilson).

An American case that was recently in the California courts also delved into the topic of doctors’ and hospitals’ negligence and medical malpractice claims for problems surrounding the diagnoses of a patient. In this case, Myrick v. Hansa, a young man of 19 years old was brought to the hospital after being unable to sit or speak at work. There was a possible stroke diagnosis, but despite this more examinations were not completed and a doctor did not even see the young man until the following morning. It was not until the next day, when his condition deteriorated, that he was diagnosed as having an ischemic stroke resulting in significant brain damage. The hospital, emergency room physician were diagnosed for failing to diagnose and thus treat his impending stroke. After some settlements, the medical malpractice case against one of the defendants went to trial and the jury awarded 36.61 million to the young man.

 It is not just a wrong cut in a surgery or a bad cast-job that can result in doctor’s negligence. Misdiagnosis, as seen above, can also bear with it extremely detrimental consequences. Even if a condition did not worsen because of a misdiagnosis or lack of diagnosis, one may still be able to recover compensation from the doctor or hospital in a medical malpractice claim.

If you or a loved one has sustained personal injury due to the actions of a hospital or doctor, do not hesitate to contact us about your legal rights.

 

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Personal Injuries Can Impact The Entire Family

Family Law Claims

When you sustain a personal injury from a car accident, slip and fall or other accident, your injury can be detrimental to your normal lifestyle. However, those close to you may also be gravely impacted due to an injury that you sustained, despite them not being physically injured. It is because of this, that close family members have the option to bring forth a claim under the Family Law Act (FLA) to receive compensation for what they too have been put through because of their loved one’s injury from a car accident, slip and fall or other accident.

For instance, if you are in a car accident and suffer an injury which results in chronic pain, you may not have the same abilities as you once had.  In this example, your spouse may be required to take on extra responsibilities within the home. Additionally, your relationship may suffer or change due to the injuries you sustained in the car accident. If this is the case, your spouse would be able to make a claim under section 61 of the FLA, which can be summarized as follows: This section allows a spouse, children, grandchildren, parents, grandparents, brothers and sisters of the person injured to recover damages for expenses incurred by them for their loved one’s injury, travel expenses, housekeeping and nursing services and compensation for the loss of guidance, care and companionship that the claimant might reasonably have expected to receive from the person with the injury, if the injury from the accident had not occurred.

In the recent case of Lee v. Toronto District School Board, et al. 2013 ONSC 3085 (CanLII), a little boy was severely injured in a school ground accident by another child. The boy’s parents and sister claimed under the family law act for an amount to compensate for the loss of guidance, care and companionship that the claimant might reasonably have expected to receive from the person if the injury from the accident had not occurred. The judge fixed the damages for the claimants at $50,000.00 for each parent and $30,000.00 for the sister.

Another example of an FLA claim occurs in the 2009 case of Degenarro v. Oakville Trafalgar Memorial Hospital. The plaintiff suffered an injury after an accident in a hospital was caused by a faulty bed. Her condition caused stressed in her marriage and relationships with her children which were unlikely to improve. The plaintiff’s husband was awarded $65,000.00 and her two sons were awarded $25,000.00 each for loss of guidance, care and companionship

Loss of guidance, care and companionship can mean the loss of contribution that the loved one that sustained the injury in an accident can no longer provide. It could also mean that the loved one’s relationships with his or her spouse and children have been negatively impacted. Perhaps a spouse can no longer be intimate with their partner, or a mother can no longer be attentive to their child; these are both examples of circumstances that may warrant an FLA claim. If you have questions about what your options are due to a personal injury that has befallen you or a loved one from an accident, do not hesitate to contact our personal injury law firm about your legal rights and your family members’ legal rights.

 

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Halloween horrors-slip and falls and accidents that lead to frightening injuries

Halloween accidents causing injury

On Halloween, children and adults alike will be wandering about in frightening costumes looking to receive delicious treats and provide a few “scares”. You may expect to jump from an actor causing horror and to see lots of fake blood, but it is important to ensure that you stick to the fake stuff and not have to worry about real injuries and real blood that may occur from a slip and fall or other accident.

A slip and fall can happen at any time or any place and injuries can be quite futile, but also extremely dangerous. Nobody wants to see a true Halloween horror occur, but it is important to understand what may happen if you slip and fall as you are roaming around to different neighbors’ houses collecting goodies. It is not only your neighbor, as an occupier of the property, that has responsibility (a duty of care) to reasonably ensure people on their property are kept safe from a slip and fall, but you the patron, visitor, pedestrian or even the trick-or-treater, have a responsibility to be careful too.  If you are injured in a slip and fall, you must prove that there was a dangerous condition and that dangerous condition caused you to slip and fall. You must also prove that the owner was aware of this dangerous condition and had the chance to reasonably fix the danger. Dangerous conditions can be many of a thing, but some include an uneven sidewalk, ice on the walkway that has not been attempted to be remedied or a dangerous object lying on the ground.

Jack O LanternAnother Halloween horror, that has been an increasing problem, is the danger of haunted hay ride accidents. Whether a horse is spooked, or you are spooked and fall off the hayride, they can be a dangerous activity. Only a couple of weeks ago, 5 teenagers were injured in a hay ride accident in Alabama. There is always a risk of an accident when partaking in these types of rides; however, if there has been negligence on the part of the hay ride owners or drivers, as to the trail they use and the manner in which the ride is operated, there could be a case to be made. Currently, in Michigan, a lady who was operating the hay ride tractor had an accident, fell and became paralyzed. She has begun a law suit for compensation for her injuries from the accident. According to CBS Detroit, the claim may include that the trail the hay ride took was down a dangerous and steep hill with uneven grounds which caused the accident. If this case does not go through workers compensation, this is one of the factors that the Plaintiff will argue was an act of negligence on behalf of the Defendant.

A final Halloween horror can happen as you are being terrified at a Haunted house. In the case of Deborah Mays v. Gretna Athletic Boosters Inc., the Plaintiff went to a haunted house for a fright, but ended up with an injury: a broken and bleeding nose. The Plaintiff got so spooked that she ran directly into a cinder block wall. In this case, the Defendant was not responsible for the Plaintiff’s injury. The haunted house was not unreasonably dangerous, nor was the Defendant’s actions unreasonable, since the Plaintiff presumably went to the haunted house for a good scare, which is what she got.

Whether you are trick-or-treating on your neighbors’ properties, or taking part in Halloween adventures that cause you to have a slip and fall or other accident, it is important for you to take the proper precautions to ensure your own safety. However, if someone else has not taken the proper and reasonable precautions to ensure your safety and a slip and fall or accident occurs, you may have questions about what your legal options are. If you or a loved one has sustained personal injury from a slip and fall or another accident, do not hesitate to contact our personal injury law firm about your legal rights. Have a safe and happy Halloween!

 

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