LAT Rejects Benefits Claim Involving Spilled Beverage

When does an injury suffered in a motor vehicle not count as a motor vehicle accident? That was the question at the centre of M.P. vs. Allstate Insurance Company of Canada, a recently resolved accident benefits dispute. The case provides additional context for car accident lawyers involved in non-traditional accident benefits claims.

The Facts of the Case

According to a June report from Law Times, the applicant in the case purchased a cup of hot tea at a fast food drive through window. She left the restaurant, stopped at a red light, and noticed that the lid wasn’t secured. She picked up the tea from its tray on the passenger’s seat, attempted to secure the lid, and then spilled the tea as she attempted to place it in the automobile’s cup holder. She filed for benefits under Ontario’s Statutory Accident Benefits Schedule (SABS).

The plaintiff’s insurance provider, Allstate Insurance Company of Canada, argued that the plaintiff was not eligible for accident benefits as her injuries were unrelated to the normal use of an automobile. Instead, Allstate suggested the fast food employee who handed the plaintiff the tea may have been negligent. The plaintiff herself may also have contributed to her injuries.

Background: What are Statutory Accident Benefits?

Most auto insurance policies in Ontario guarantee benefits for injuries in motor vehicle accidents, regardless of who is at fault. The amount of benefits depends on the severity of the injuries and are applied based on the province’s SABS.

Some of the benefits available under the SABS include income replacement benefits, non-earner benefits, benefits to cover the costs of attendant care, medical care, and rehabilitation, death and funeral benefits, and more.

When an insurance policy holder and an insurance provider do not agree on the amount of benefits being provided, they may seek a resolution from Ontario’s Licence Appeals Tribunal.

Background: What is the Licence Appeals Tribunal?

According to its website, the Licence Appeals Tribunal (LAT) is “an independent, quasi-judicial agency and is one of five tribunals in the Safety, Licensing Appeals and Standards Tribunals Ontario (SLASTO) cluster.”

The LAT contains two divisions: General Service and Automobile Accident Benefits Service (AABS). The latter’s mandate is to “resolve disputes about an insured person’s entitlement to, or amount of, statutory motor vehicle accident benefits.”

What Did the LAT Decide?

The LAT agreed with Allstate’s assertion that the plaintiff’s injuries were unrelated to the normal operation of a motor vehicle, and decided that the plaintiff was not entitled to accident benefits.

“Nothing about the vehicle caused her to spill the tea,” wrote tribunal adjudicator Therese Reilly. “The fact that she was in a vehicle was simply incidental.”

In coming to this decision, the LAT examined Dittmann v Aviva Insurance Company of Canada, a 2016 case that also involved a spilled beverage and a drive through window. In that case, the plaintiff was injured when a hot coffee was spilled as it was passed from the window into the automobile. The LAT decided in the plaintiff’s favour, reasoning that she would not have been at the drive through window if she had not been in an automobile, and she would not have been injured if she were not wearing a seatbelt. Importantly, no intervening events took place between accepting the drink and the injury.

The LAT also applied two tests to determine the automobile’s involvement in M.P.’s injuries. The first was the ‘purpose test,’ which asks whether the injury resulted from the ordinary use of the vehicle. The second, the ‘direct causation test,’ asked whether use or operation of the vehicle caused the injuries.

While the LAT’s decision was not in favour of the plaintiff in M.P. vs. Allstate Insurance Company of Canada, it also helps to clarify the ruling in Dittmann v Aviva Insurance Company of Canada and provide added context for car accident lawyers interested in pursuing similar cases.

Contact Will Davidson LLP to discuss your claim

If you’ve been injured in an automobile accident, contact Will Davidson LLP’s car accident lawyers to schedule a free, no-obligation consultation. Our experienced team can help you access the fair and reasonable compensation you deserve.

Will Davidson LLP’s car accident lawyers work on a contingency basis, meaning we will not charge hourly or up-front legal fees for our services. Instead, our team will accept a percentage of the final settlement as payment. This approach allows us to offer access to justice to every Ontarian in need, regardless of their financial circumstances.

With decades of experience in every manner of personal injury claim, Will Davidson LLP is a strong, reputable ally for injured Ontarians. Contact us today to learn more about how our experienced team can help.

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People with Disabilities, Including Spinal and Brain Injury Victims, are at Elevated Risk from COVID-19

Everyone has been affected by the spread of COVID-19, but the most serious impacts have been felt by marginalized and at-risk populations: the elderly, homeless people, people with pre-existing medical conditions, people with addictions, racial and social minorities, and survivors of serious injuries. Among personal injury lawyers, there is significant concern that current and former clients do not have access to the necessary supports. Long-term care facilities, which sometimes house brain and spinal injury survivors, are hotbeds for the virus, and injury victims living at home may find themselves suddenly isolated.

Below, we’ll discuss some of the unique challenges faced by survivors of serious injuries amid this unprecedented global health emergency.

Long-Term Care Fears

Canada has been relatively effective in controlling the spread of COVID-19 in the general population. Long-term care homes have been less successful: roughly half of all COVID-19 deaths have occurred in these facilities.

The situation is so bleak that family members are removing loved ones, even when the chances of readmission are slim. Unfortunately, this approach highlights another concern for personal injury lawyers: how will injury survivors living at home access medical care under social distancing guidelines? Speaking to CTV News Toronto, an Ontario woman who removed her husband from long-term care articulated the issue:

“My concerns are – he no longer has a doctor,” said Barbara Heuman. “His doctor took care of him for three-and-a-half years while he was at Dufferin Oaks, but I was told they are no longer able to care of him. So when they sent me home from Dufferin Oaks yesterday, I got one week’s medication, that’s it.”

Lack of Access to Medical Care

For many seriously injured accident victims, recovery is a lifelong pursuit that requires consistent medical care and attention. Spinal and brain injury victims often undergo years of rehabilitation, chiropractic therapy, and physiotherapy, often in clinical settings.

Access to these services may be limited for months or years. Medical professionals in Canada are all-hands-on-deck in the fight against COVID-19 – those who are unable to help on the front lines are avoiding hospitals and emergency wards as much as possible. For injury victims, a sudden and indefinite pause in treatment can be damaging to the recovery process.

Brain injury survivors may also lose access to social services such as occupational therapy and attendant care.

Mental Health Concerns

In a March 31 article for the Prince George Citizen, Diane Nakamura, a brain injury survivor, described some of the day-to-day symptoms that many survivors experience.

“Suffering from anxiety and depression,” she wrote. “Not having enough energy in a day to complete necessary tasks. Inability to cook because of poor memory and sequencing issues. Dealing with financial stress because of lost employment. Not understanding important letters or phone calls due to cognitive deficits. Experiencing conflict with family members and friends who don’t understand the limitations survivors have. Possessing low self-esteem and confidence because of the significant life changes after brain injury. Not feeling normal or accepted by their personal network and the community.”

Many of these issues, Nakamura wrote, have been aggravated by the strict social distancing measures necessary to limit the virus’s spread. Brain injury survivors have less access to mental health resources than they did at the beginning of the year, and fewer opportunities to connect with friends and family in-person.

Lack of Financial or Government Support

Some injury victims coping with this new reality feel left behind. Activists say governments have failed to consider injury survivors in their COVID-19 responses. The little support that has been offered is considered woefully insufficient.

“As families who are supporting our sons and daughters with disabilities, who live with us in the community – we feel forgotten. We’re not even on the radar,” said Robin Acton, whose daughter has Down syndrome, to CBC News Edmonton in April.

“We as a family are incredibly fearful of what happens if our daughter gets sick and has to go to the hospital,” she added. “She’s going to need me or her dad there to help her understand and interpret what’s going on. She would be absolutely terrified.”

In Ontario, the provincial government has made additional resources available to people with disability through the Ontario Disability Support Program. However, community representatives say the additional benefits – up to $100 for individuals and up to $200 for families – are simply not enough.

“We are part of a community that is often just an afterthought,” said Nadine Law, co-founder of Sudbury not-for-profit Access2all, to Sudbury.com. “My clients and I are not being recognized or taken care of. It wasn’t until this pandemic that I realized my voice had to get a little bit louder.”

Contact a Personal Injury Lawyer Today

Crises tend to highlight the gap between the haves and have-nots in our society, and the COVID-19 pandemic is no exception. As personal injury lawyers dealing with seriously injured accident victims, Will Davidson LLP is committed to providing legal support for some of Ontario’s most vulnerable populations. If you or a member of your family has been injured in an accident, contact us today to schedule a free, no-obligation consultation.

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How Daylight Saving Time Contributes to Car Accidents

Daylight saving time, the practice of advancing clocks during spring and summer to create longer evenings, has existed in Canada for more than a century. At the time it was adopted, the goal of the program was to save energy: the longer the sun stayed up, the thinking went, the less time people would spend indoors under artificial lighting.

Today, daylight saving time is deeply unpopular. Not only does it deprive Canadians of an hour of precious sleep, but it increases the risk of car accidents, strokes, heart attacks, workplace injuries, and more. Many car accident lawyers experience an increase in queries in the week following the time change.

In January, researchers at the University of Colorado at Boulder published a study in Current Biology on the effect of daylight saving time on road safety. It analyzed more than 730,000 accidents between 1996 and 2017 and found a six per cent spike in fatal car accidents in the week following the annual ‘spring forward.’ The spike accounted for 28 deaths per year, on average.

“Our study provides additional, rigorous evidence that the switch to daylight saving time in spring leads to negative health and safety impacts,” said senior author Celine Vetter, an assistant professor of integrative physiology. “These effects on fatal traffic accidents are real, and these deaths can be prevented.”

Most strikingly, the researchers found that the one-week spike in fatal accidents shifted alongside a major change to daylight saving time in 2007. Prior to that year, the ‘spring forward’ occurred in early April; since then, it occurs in mid- to early-March.

“Prior to 2007, we saw the risk increase in April, and when daylight saving time moved to March, so did the increase,” said Vetter. “That gave us even more confidence that the risk increase we observe is indeed attributable to the daylight saving time switch and not something else.”

The study also shows that drivers in the western-most regions of each time zone were more likely to be affected by the change, with fatal accidents in those regions increasing by eight per cent rather than six.

The spike is caused by both environmental factors – collisions are more likely to occur in the dark – and physiological ones. As road safety experts and car accident lawyers understand, fatigue can have a significant impact on a driver’s decision-making and judgement. It can also make them less attentive to the road.

The return to standard time, or ‘fall back,’ which occurs in October or November, also presents safety risks. According to Driving.ca, personal injury accidents involving vulnerable road users increase drastically between 5pm and 8pm in the week following the time change. The Société de l’assurance automobile du Québec (SAAQ) said that between 2013 and 2018, an average of 430 pedestrians were injured in the month prior to the time change and an average of 537 were injured afterward. The risk is similar in Ontario: the Ministry of Transportation reported a 19 per cent increase in injuries between 5pm and 8pm in the week following the ‘fall back.’

“This remains very similar with our 2010 to 2015 statistics, and doesn’t really seem to have changed over the years,” SAAQ spokesperson Sophie Roy told Driving.

Fatigue isn’t a factor in the accidents following the return to standard time – after all, drivers should have had an extra hour of sleep. But the suddenly dark evenings are ripe for accidents involving cyclists and pedestrians, particularly because they coincide with the homeward commute.

Many car accident lawyers, road safety activists, and even average Canadians would happily abolish daylight saving time. The energy-saving rationale that originally inspired the practice makes less sense today than it did 100 years ago – most Canadian households have heating and air-conditioning systems that run more-or-less year-round. And English road safety charity Brake estimated that ditching daylight saving time could prevent 80 deaths and 200 serious injuries per year in that country.

Contact Will Davidson LLP

If you or a member of your family has been involved in a motor vehicle accident, contact Will Davidson LLP today to schedule a free, no-obligation consultation. Our experienced team of car accident lawyers will assess your claim, explain your legal options, and provide guidance and advice throughout the legal process and during your recovery.

At Will Davidson LLP, we endeavour to understand the many physical, emotional, and financial challenges that accompany a serious personal injury. We have worked with thousands of accident victims during our more than 90 years of practice. In that time, we have seen clients struggle with significant financial issues that strain relationships and put wellbeing in jeopardy.

For that reason, our team is proud to offer legal services on a contingency basis. Under a contingency payment structure, our team will not charge hourly fees; instead, we will accept a pre-determined percentage of your settlement at the time that it arrives. This arrangement allows clients to maintain financial flexibility during the early days of their recovery and ensures that they are never charged for services that don’t achieve desired results.

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Quick Road Safety Fixes for Ontario Cities

Many of the road safety concerns that worried Ontario’s car accident lawyers in 2010 remain relevant at the dawn of the new decade. Speeding, dangerous driving, and impaired driving continue to contribute to serious injuries and fatalities across the province, while new concerns such as legalized marijuana and widespread distracted driving are causing additional challenges.

The safety of vulnerable road users is also an enduring issue. In fact, it may be the single most pressing road safety issue in Ontario’s cities and towns. According to data from the Toronto Police Service (TPS), 20 pedestrians and two cyclists were killed in Toronto in 2010. By 2013, those numbers had doubled. In five of the six years since, at least 40 vulnerable road users were killed in Canada’s largest city.

Toronto has a plan: Vision Zero, which has been in place since 2016 (during which time fatalities have not decreased) and which we have already discussed in this blog. But many Vision Zero action items are high level changes that seek to fundamentally reshape Toronto’s massive transportation infrastructure and reverse driver behaviours and attitudes learned over decades. Vision Zero has the ingredients to eliminate traffic deaths in Toronto, but not in the next ten years.

With that in mind, the Globe and Mail recently assembled a list of 10 road safety ideas that experts believe can be done quickly with a little help from city hall. While most Ontario car accident lawyers support Vision Zero and its ambitious safety initiatives, few would argue against these quick, outside-the-box fixes.

Here are a few of the ideas from the list:

  • Identify and memorialize victims

Toronto police do not generally name traffic accident victims in order to protect the privacy of the victims’ families. However, publicly identifying victims, with their families’ consent, could reverse the idea that traffic deaths are a fact of life of urban residents.

“If we see fatalities as statistics, which is the result of not releasing names, it’s easier to maintain that stance,” said Michael Black, who is on advocacy group Walk Toronto’s steering committee, to the Globe. “If you release the names, I think people will be more apt to say: Should part of walking be running the risk of being killed?”

The Globe’s list of ideas also includes memorializing victims with a permanent monument.

  • Improve truck safety

Large commercial vehicles account for a disproportionate number of serious injuries and fatalities on Ontario roads. While Toronto can’t unilaterally change safety standards for trucks in general, it can improve the safety of its own fleet. In Montreal, the city equipped municipal trucks with sideguards to prevent injuries to vulnerable road users; the Globe suggests Toronto do the same.

  • Traffic enforcement

Early last decade, a dedicated Toronto police traffic unit patrolled busy corridors and enforced safety laws. The unit was disbanded in 2012 and the number of traffic tickets handed out in the city hit an all-time low in 2018. The Globe’s experts believe more enforcement could help pull fatalities back to pre-2012 levels. 

“Obviously, the more enforcement, the more people are going to get caught, the more they think they’re going to get caught and they change their behaviour,” said Walk Toronto’s Brown.

In this instance, road safety advocates may get their wish. Late last year, Toronto police announced plans to reintroduce a dedicated traffic squad in 2020.

  • Easier access to traffic calming measures

Concerned residents have to jump through a lot of hoops to get traffic calming measures installed on their streets in Toronto. According to the Globe, if a group of people living on a street wants speed bumps installed, the city will send voting ballots to everyone on the block – a majority of the ballots must be returned for the motion to advance, and 60 per cent of respondents must approve in order to proceed.

A simpler process could save lives – or the city could simply change its residential street parking policies. The Globe suggests allowing both-side parking on certain streets, which is itself a traffic calming action.

For a full list of suggestions, check out the Globe’s article here: https://www.theglobeandmail.com/canada/toronto/article-10-quick-ideas-that-could-reduce-pedestrian-deaths-in-toronto/

Contact an Experienced Personal Injury Lawyer

If you’ve been injured in a traffic accident in Toronto, Oakville, or elsewhere in Ontario, contact Will Davidson LLP to schedule a free, no-obligation consultation. Our experienced team of car accident lawyers has represented seriously injured accident victims for decades. We will happily review your case, outline your legal options, and suggest next steps. If you choose to retain our services, our team will provide tough representation, open communication, and compassionate guidance and advice as you navigate the road to recovery.

How Do Trial Delays Hurt Personal Injury Victims?

In October 2019, Waldock v. State Farm Mutual Automobile Insurance Company, which was initially a dispute between plaintiff Thomas Waldock and his insurance provider over the severity of his injuries, was resolved by an Ontario divisional court panel. Through appeals and reviews, the case was heard by the Financial Services Commission of Ontario (FSCO), the Director’s Delegate, and the Superior Court. It took more than 10 years from the time of his accident in March 2008 for Waldock and his personal injury lawyer to be awarded compensation – unless, of course, State Farm decides to appeal the divisional court ruling.

Unfortunately, years- and even decade-long personal injury and insurance dispute cases are no longer unusual in Ontario and elsewhere in Canada, as a recent Canadian Lawyer article makes clear. In Waldock v. State Farm, the insurance provider’s decision to file numerous motions and appeals caused the bulk of the delay, but defendants aren’t always to blame.

What Causes Trial Delays?

According to the plaintiff and defence side lawyers interviewed for the Canadian Lawyer article, are a range of structural issues cause trial delays in Canada. In Alberta, parties must complete expert reports, certify that they’ve attempted alternative dispute resolution processes, and demonstrate that they’ve completed questioning before a trial date can even be scheduled.

“You’ve got about two years – on a large case – of taking all those preliminary steps and getting everything in order,” one insurance defence lawyer in Alberta told Canadian Lawyer. “And then [there’s] another two-year wait for the date itself.”

“Judges want to know you’ve done all your work and you’re very serious and you’ve been forced to think through all the issues before using judicial resources, because those are really short in Alberta,” the lawyer added.

Mandatory mediation is also an issue in Ontario, according to one personal injury lawyer. Prior to recent changes, parties in personal injury cases or insurance disputes could schedule a trial date as long as a mediation date was also set. Now, the mediation must be complete before a trial date is approved.

“That delays the whole process by a number of years. … I’m finding that very, very frustrating,” the personal injury lawyer told Canadian Lawyer. “It’s just adding another year to the process.”

In contrast, British Columbia has no restrictions on trial scheduling, meaning fewer trial delays.

“You can get a trial date right away if you want,” a personal injury defence lawyer practicing in B.C. told Canadian Lawyer. “I really haven’t had any issues with trial delays. I think we have overall a very reasonable system. Two years is a pretty reasonable time frame for trials, and we seem to get those dates relatively easily.”

Further delaying matters is the fact that criminal and family law cases take precedence over personal injury claims and insurance disputes.

The parties’ actions can also have an effect, as in Waldock v. State Farm. One civil litigator who spoke with Canadian Lawyer said civil disputes now involve more numerous and extensive reports; plaintiffs will often submit economic loss, future care, and vocational reports, while the defence side prioritizes lengthy examinations for discovery, medical examinations, and other processes.

Who is Affected by Trial Delays?

Personal injury lawyers tend to blame powerful defendants like insurance providers and the Canadian Medical Protective Association (CMPA) for trial delays. They claim that organizations with deep pockets prefer to ‘wait out’ plaintiffs with limited resources, forcing them to accept less compensation than they deserve. But most insurance providers prefer swift resolutions to legal disputes – years of litigation involving lawyers and expert witnesses is extremely costly.

Plaintiff side lawyers are also hurt by years of slow-moving litigation. When a case drags on for months or years longer than expected, clients have a tendency to second-guess their lawyer’s expertise.

“That might seem reasonable to a lawyer that’s practiced in the area of 10,20, 30 years,” one personal injury lawyer told Canadian Lawyer. “But it’s a long time for my clients that don’t understand the process. And a lot of times they’re concerned that the lawyers are dragging their heels.”

Plaintiffs are acutely affected by trial delays. Recovery from a serious personal injury can be costly, especially if the victim is unable to work. Between rehabilitation, medication, home and attendant care, home renovations, and other expenses, many injury victims struggle to keep their heads above water financially. Every trial delay, every appeal and motion, puts fair and reasonable compensation further out of reach.

Contact an Experienced Personal Injury Lawyer

If you’ve been injured in an accident or are engaged in a dispute with your insurer, contact Will Davidson LLP to speak with an Ontario personal injury lawyer. Our experienced team will assess your claim, explain your legal options, and describe what to expect from a civil claim. Contact us today to schedule a free, no-obligation consultation.

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Ontario is a Global Leader in Concussion Research and Prevention

Concussions are a serious problem in Ontario. Between 2008 and 2016, more than a million Ontarians were diagnosed with this common form of traumatic brain injury. Children and youth make up 40 per cent of all concussion patients in the province (totalling roughly 60,000 doctor visits per year), with children under five the most likely to be affected.

The ubiquity of these injuries has put brain injury lawyers on notice. Research suggests that even mild traumatic brain injuries can have major long-term health impacts. This is especially true when they occur in children and youths: kids with brain injuries do less well in school, are more likely to receive disability benefits as adults, and are more likely to be hospitalized with psychiatric illnesses, according to the Guardian.

Ontario is a World Leader in Concussion Research and Prevention

Over the past several years, Ontario has established itself as a national and even global leader in concussion research and prevention. In 2018, the provincial government passed Rowan’s Law, legislation named in memory high school rugby player Rowan Stringer who died after suffering multiple concussions in quick succession. The law lays out regulations for youth sports leagues and educational institutions, and provides guidelines to help coaches and teachers recognize and prevent head injuries.

More recently, the Ontario Neurotrauma Foundation published a new ‘living guideline’ to help reduce childhood and youth concussions. Aimed primarily at doctors but featuring sections for coaches and parents, the Living Guideline for Diagnosing and Managing Pediatric Concussion was created over three years by a group of more than 50 physicians, nurses, diagnosticians, and rehab specialists. The resource can be accessed online by users around the world.

“We want to harmonize the messages so it doesn’t matter where you are injured, people will be getting the same messages,” said Judy Gargaro, acquired brain injury program director at the Ontario Neurotrauma Foundation, to the Ottawa Citizen.

The foundation’s previous guideline, published in 2014, attracted users from the United States, United Kingdom, France, Australia, and New Zealand. What sets the new version apart is its dynamism – contributors will review new concussion research and make revisions and updates at least once a month. The recent surge in interest in concussions – from brain injury lawyers, the general population, and medical professionals alike – makes this a necessary feature.

“People are much more aware of concussion,” said Dr. Roger Zemek of the CHEO Research Institute to the Citizen. “My own work has shown that visits have increased four-fold in emergency rooms and family physicians offices over 10 years.”

As the healthcare industry has come to recognize the scope of the concussion problem, treatment best practices have evolved quickly. Until recently, for example, young people who suffered concussions were generally instructed to disconnect from screens, school, social activities, and sports until their symptoms cleared up. The new guideline recommends 24 to 48 hours of rest followed by a gradual reintroduction of physical activities.


“We need to consider that locking people away from their lives and all the things that make them smile may be causing some secondary harm,” said Dr. Nick Reed, an associate professor at the University of Toronto and one of the co-project leads, to the Globe and Mail.

How Can a Brain Injury Lawyer Help?

In a perfect world, Ontario’s aggressive approach to tackling concussions will reduce their prevalence and act as a blueprint for the rest of Canada. For now, though, concussions remain a major concern for brain injury lawyers, particularly as they relate to young people. If your child has suffered a brain injury in an accident, a brain injury lawyer may be able to help your family access compensation for the damages you have suffered. Not every accident causing a concussion will be grounds to launch a personal injury claim – reach out today to discuss your options.

Contact Will Davidson LLP

If you or a member of your family has been injured in an accident, contact Will Davidson LLP today to schedule a free, no-obligation consultation. Our team of experienced brain injury lawyers has represented seriously injured accident victims for decades. We will happily review the specifics of your case to determine whether a personal injury claim makes sense.

Will Davidson LLP provides legal services on a contingency basis, which means you will never be asked to pay fees until your claim has been successfully resolved. In other words, rather than charging hourly fees, our team will accept a percentage of your final settlement as payment – if you do not receive a settlement, we do not get paid.

Contingency fees, along with free consultations, are part of our commitment to access to justice for all Ontarians. During our decades in practice, we have come to understand that serious personal injuries present numerous complex challenges. A long-term recovery effort takes more than a physical toll; it may also affect your mental health, family dynamics, and personal finances. Contact us today to learn more.

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Dashcam Footage in Personal Injury Claims

Every year, hundreds of people are killed and tens of thousands are injured in car accidents in Canada. The impact of these accidents extends far beyond the people who are directly involved: families, friends, coworkers, and more are also affected. This far-reaching impact is why it’s so important for accident victims to work with an experienced car accident lawyer. If, for example, the person injured in the accident is the sole breadwinner for a family of four and is no longer able to work full-time, a car accident lawyer can help negotiate compensation that addresses the needs of the entire family.

But securing compensation isn’t as simple as submitting a list of expenses to an insurance company and waiting for a check to be delivered. Your car accident lawyer must establish who is liable for the accident, whether the accident was the cause of your injuries, and how much compensation is owed for those injuries.

Dashboard Cameras

Recently, dashboard cameras have become popular among the Canadian general public, with support from insurance providers, law enforcement, and personal injury lawyers. Often, they are adopted by people who have been involved in, or know someone who has been involved in, a traffic accident or insurance dispute.

Dashboard cameras are considered a reliable third-party witness in disputes over motor vehicle accidents, meaning they can help your car accident lawyer establish liability in a crash and, in some cases, prove causation of injuries. There are no privacy issues associated with dashcam footage, because roads are considered public places in Canada. As such, the footage is generally admissible in court. High-end cameras also record GPS positioning and speed, which can support liability claims.

Insurance providers favour dashboard cameras because they simplify the process of proving liability and reduce insurance fraud. In fact, some providers have considered offering discounts to drivers who use dashcams. Still, some members of both the insurance and personal injury fields believe the technology has flaws, not least of which is the risk of distraction.

“Dashcams may, like GPS devices, be a distraction if they’re not properly used,” said Pete Karageorgos, Insurance Bureau of Canada director of consumer and industry relations for Ontario, told the Canadian Press. “On the other side of the coin, if someone is involved in a crash or they witness something, the good thing about having dashcam video is it really is an impartial and unbiased witness to the events.”

It is also worth noting that although dashcam footage is admissible in general, it is unlikely to be accepted if it has been edited, cut, or manipulated in any way. From the moment of your accident, you should be careful to preserve it intact.

Even in cases where a car accident lawyer is not involved – hit and runs involving another vehicle, theft, vandalism, etc. – dashcam footage can help law enforcement identify suspects and make arrests.

How a Car Accident Lawyer Can Help

With the help of your dashcam footage, a car accident lawyer can identify the parties who are liable for your injury and pursue compensation to cover the cost of your recovery. As mentioned above, car accident injuries can be extremely serious. Recovery can involve months of medical care, rehabilitation, and therapy, as well as extended and perhaps permanent attendant care. In some cases, home renovations and mobility equipment may also be necessary.

These costs can add up quickly. Accident benefits obtained through your insurance provider can address some expenses, but it may be necessary to pursue additional compensation through a civil claim against the individuals who are responsible for your injuries. Dashcam footage, in addition to evidence collected at the scene of the accident, witness testimonies, police and medical reports and more, is essential to proving liability in your personal injury claim. An experienced car accident lawyer can review this evidence and offer advice on how to proceed.

Contact Will Davidson LLP

If you or a member of your family has been injured in a serious accident, contact Will Davidson LLP to schedule a free, no-obligation consultation with an experienced car accident lawyer. Our team will assess the viability of your claim and provide guidance as you consider your legal options.

Will Davidson LLP has represented seriously injured Ontarians for several decades. During that time, we have come to understand the serious mental, physical, emotional, and financial challenges that accompany a traumatic injury. Although we know that no amount of money can make up for the pain and suffering you have experienced, we also understand that financial compensation can relieve some of the pressures associated with your recovery. For that reason, in addition to free consultations, we are proud to offer our services on a contingency basis, which means you will not be asked to pay legal fees until your claim has been successfully settled. If we cannot secure compensation, we will not accept payment.

Medical Malpractice Lawyers Face Challenges in Delayed Diagnosis Cases

In Ontario, some medical malpractice lawyers believe two words – “but for” – are making it difficult for injured patients to access compensation for negligence causing delayed diagnosis. Last month, Law Times reported on White v. St. Joseph’s Hospital (Hamilton) a case in which the plaintiff went into septic shock due to an undiagnosed bowel leak but was unable to recover compensation for his injuries.

The “but for” test is a test in Canadian tort law that links the damages the plaintiff has incurred with the defendant’s actions. In Clements v. Clements (2012), the Supreme Court of Canada summed up the test in these words: “the test for showing causation is the but for test. The plaintiff must show on a balance of probabilities that but for the defendant’s negligent act, the injury would not have occurred.”

Medical malpractice lawyers believe this wording confuses juries and makes it extremely difficult to prove liability in cases where negligence has clearly occurred. According to Law Times, plaintiffs have lost four out of the last five delayed diagnosis cases heard in Ontario’s courts.

“’But for’ is meant to encapsulate an event that causes or contributes to the harm,” one lawyer affiliated with the White v. St. Joseph’s case told Law Times. “But juries get confused when they hear that phrase, especially when there’s more than one contributing cause and they hear only the ‘but for’ phrase.”

In White v. St. Joseph’s, the plaintiff alleged that nurses and the hospital should have noticed the bowel leak before he went into septic shock. As a result of the delayed diagnosis, the plaintiff spent an extended time in hospital, including a stay in the intensive care unit, and underwent remedial surgery. However, an expert witness at the trial testified that “most of Mr. White’s outcome was unavoidable,” and the trial judge determined that the hospital had met its standard of care.

The Court of Appeal for Ontario upheld the trial judge’s decision using the ‘but for’ test. “In other words,” the decision read, “’but for’ the alleged delay would the plaintiff have suffered the unfavourable outcome?”

The plaintiff lawyer who spoke with Law Times believes the case leaves plenty of room for confusion and prejudice in subsequent jury trials.

“Nobody says ‘But for my car’s flat tire, I’m late,’ because that’s inconsistent with plain language,” he explained. “They say, ‘I’m late because I had a flat tire,’ and courts should approach causation in the same way.”

While medical malpractice cases involving delayed diagnosis are challenging, Will Davidson LLP’s team of medical malpractice lawyer has successfully secured compensation for its clients at all levels of court. If you’ve been injured in a medical setting, reach out today to learn how we can help.

Do Canadians Need In-Car Speed-Limiting Technology?

Technology is a mixed blessing on Canadian roads. On one hand, cutting-edge safety features like lane-keeping and automatic braking reduce injuries and accidents. On the other, smartphones and in-car navigation and entertainment systems cause distraction, which, as any car accident lawyer can attest, is a major safety hazard.

Now, the European Union is doubling down on in-car safety technology. It recently announced that intelligent speed assistance (ISA) systems, or speed limiters, must be added to new vehicles from 2022. The United Kingdom will follow suit, regardless of Brexit.

ISAs use GPS technology or smart camera software to identify speed limits wherever the vehicle is travelling. When the vehicle exceeds the posted speed limit, the technology limits engine power to reduce speed.

The European Transport Safety Council is bullish on the technology. It believes speed limiters are the single most effective driver assistance systems on the market, and estimates that mass adoption could reduce collision by 30 per cent and traffic deaths by 20 per cent.

Some members of the public, including more than one car accident lawyer, are less optimistic. There are concerns that the technology isn’t ready for adoption: what would happen, for example, if a vehicle’s GPS system indicated one speed limit while its camera system read another? A second issue is personal freedom. Should centralized governments control precisely how fast citizens drive?

While automobile manufacturers will be compelled to include speed limiters in new vehicles after 2022, drivers will be able to decide whether to use them. The EU and UK governments want drivers to see the technology as a helpful tool, not an imposition on their autonomy.

“One issue is acceptance. We don’t want to be turning off public support.” Professor Oliver Carsten of Leeds University’s Institute for Transport Studies told the BBC. “The other issue is unreliability – what happens if the car accidently picks up a limit that’s much too low, on a fast road? It could be a serious safety issue.”

There has been no talk in Canada about following the leads of the United Kingdom and European Union, but as automotive technology becomes more sophisticated, Canadian road safety activists will become more likely to promote it.

In the meantime, Will Davidson LLP can offer access to compensation or accident benefits when you’ve been involved in an automotive accident. Contact us today to arrange a free, no-obligation consultation with an experienced car accident lawyer.

Ontarians Still Reeling from 2016 Changes to Auto Insurance System

In June 2016, the then-Liberal Government of Ontario introduced major changes to the province’s auto insurance system. Presented as an effort to reduce premiums, the changes significantly reduced available accident benefits and altered the definition of catastrophic impairment, making it more difficult for car accident lawyers to secure fair compensation for their clients. As a recent Global News story illustrates, the now-three-year-old changes continue to have devastating impacts on accident victims.

The Global report focuses on 32-year-old Ben Schenk, who incurred a traumatic brain injury after a crash on Ontario Highway 400 this May. As of July 5, Schenk’s family was waiting to learn whether their insurance company would classify his injuries as “catastrophic.” The decision will have a profound effect on the family’s ability to sustain itself. If his injuries are deemed catastrophic, Schenk will have access to up to $1-million in combined medical, rehabilitation, and attendant care benefits. If they are deemed non-catastrophic, he will have access to just $65,000 in benefits, not nearly enough to cover his rehabilitation.

Schenk’s situation is not unusual for Ontario car accident victims post-June 2016. Patients often wait more than a year to learn their injury designation, a period during which they are in limbo.

“The patient, the client, is in no man’s land until their injury manifests over a six-month period, if not a year, before we can give them any certainty of whether or not they can get the designation,” one lawyer told Global News. “And then when our assessors conclude that they believe they meet the test, then the insurance company notoriously has their own assessors re-evaluate the matters, which causes further delay. It takes typically a year and a half before they get the designation where before June 1, 2016, it would take a matter of weeks.”

Even when catastrophic impairment benefits are awarded, the coverage falls far short of pre-2016 levels. Prior to the Liberal Government’s changes, catastrophically injured accident victims had access to $1-million in medical and rehabilitation benefits, plus $1-million in attendant care benefits. Non-catastrophically injured victims had access to up to $86,000 in benefits; today they have access to just $65,000. Many car accident lawyers advise purchasing additional insurance to cover the gap.

“Regular car insurance is not enough to cover your needs if you’re seriously injured,” the lawyer added. “And it should be. It should be designed to provide the bare minimum of what you need.”

If you or a member of your family has been injured in an automobile accident in Ontario, contact Will Davidson LLP today to learn how our team of experienced car accident lawyers can help. We can provide guidance and representation as you pursue benefits or initiate a personal injury claim.

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