More Ontarians than Ever are Using E-Bikes – But are they Safe?

The COVID-19 pandemic has forced people to reassess how they get from point A to point B. For many, public transit is no longer a viable option; the health risks are simply too great. Those without private transportation are left with limited choices. Bicycle usage has surged – and so has the popularity of electric bicycles. Unfortunately, as some personal injury lawyers have come to understand, e-bikes present their own safety and legal challenges.

What are E-Bikes?

Electric bicycles, or e-bikes, are bicycles with integrated electric motors that assist propulsion. There are several kinds of e-bikes. Some look very much like traditional bicycles but have small motors that supplement the rider’s pedalling power. These are sometimes referred to as pedelecs. Others more closely resemble mopeds and have ‘power-on-demand’ motors activated by a throttle.

All e-bikes are powered by rechargeable batteries. Their maximum speeds generally range from 25 to 45 km/h.

Are E-Bikes Legal in Ontario?

E-bikes that travel up to 32 km/h are legal in Ontario, and have long been promoted by mobility advocates.

“Crucially, it allows people to go further, easier, and expands their access to things in an efficient way, especially within a suburban area, where things are more spread out,” said Darnel Harris, an urban planner and executive director of Our Greenway, to the CBC in June.

“E-bikes have been around for a while now, but especially with the pandemic people are looking for new ways to get around,” Cycle Toronto’s Michael Longfield told CTV News Toronto.

This summer, with the launch of Bike Share Toronto’s e-bike pilot program, the City of Toronto officially confirmed that e-bikes have a place on the city’s streets.

“Today we are … officially launching [Bike Share Toronto’s] e-bike pilot program,” announced Mayor John Tory in a tweet on August 19. “The pedal-assist electric bikes will reach a maximum speed of 25 kilometers per hour and can travel up to 70 kilometers without requiring a charge.”

Are E-Bikes Safe?

Toronto’s acceptance of e-bikes is part of a larger, international trend. E-bike have sales doubled in the city during the pandemic.  They also increased 85 per cent in the United States in March, according to the New York Times. In the Netherlands, approximately 40 per cent of all bicycles sold in 2019 were electric. In China, e-bikes have steadily replaced motorcycles and mopeds for more than a decade.

But are they safe? That’s the question plaguing road safety advocates and personal injury lawyers amid the sudden upturn in e-bike usage. Our Greenway’s Darnel Harris told the CBC that federal safety standards around the vehicles are too lax.

Safety experts are particularly concerned about their appropriateness for novice bike riders. Should an untrained 16-year-old be permitted to operate a motorized vehicle that travels as quickly as a slow-moving car?

And then there’s the question of insurance. E-bikes, particularly the heavier, power-on-demand models that can exceed maximum permitted speeds, have the potential to do damage in collisions with pedestrians and other cyclists. According to CTV News’s report, collisions are already increasing. Without e-bike insurance, injury victims may not be able to access benefits.

“There could really be a case where a person who is hit by an e-bike cannot be properly compensated or the person on the e-bike themselves could suffer very bad injuries and not be able to work or receive compensation for their injuries,” one personal injury lawyer told CTV.

In order to reduce the likelihood of this occurrence, stakeholders including personal injury lawyers are calling for more comprehensive and better-defined regulations. E-bike operators should know what class of vehicle they are riding, what rules pertain specifically to that class, and whether insurance is required.

“When people are unclear … about the law and how it applies, then of course they run the risk of offending the law,” Vancouver lawyer David Hay, who specializes in bicycle accident cases, told the CBC. “Whenever you get any kind of technological innovation, the law struggles to keep up.”

I’ve Been Injured in an E-Bike Accident – Now What?

If you’ve been injured in an accident involving an e-bike, contact Will Davidson LLP as soon as possible to schedule a free, no-obligation consultation. Our team of personal injury lawyers has been helping seriously injured Ontarians access compensation for their injuries for decades. Reach out today to learn more about our services and experience.

Why Will Davidson LLP?

Will Davidson LLP has broad experience representing both plaintiffs and insurers in personal injury and accident lawsuit. This expertise gives us unique insights into both sides of these sometimes contentious and emotional disputes.

Our team also works on a contingency basis, which means you will not be asked to pay up-front legal fees for our services. Instead, our team will accept a pre-decided percentage of the final settlement as payment. This arrangement allows us to offer access to justice to all Ontarians.

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Are Canada’s Drunk Driving Rules Strict Enough?

As car accident lawyers, the Will Davidson LLP legal team receives inquiries from clients who have been injured in a car accident and are seeking legal advice. Through drunk driving has declined in Canada (in the mid-1990s, well over 1,000 Canadians per year were killed in impaired driving accidents; by the mid-2010s, the number was less than 500) it remains far too common.

The dangers of drunk driving are clear: alcohol intoxication slows reaction time, reduces coordination, makes it difficult to concentrate, impairs vision, and inhibits judgement, all of which contribute to unsafe driving. For years, the federal and provincial governments, in partnership with advocacy groups like Mothers Against Drunk Driving (MADD) Canada, have sought to spread this message through aggressive public education campaigns. Schoolchildren are taught that drunk driving is unacceptable from a young age; MADD commercials run regularly during high-viewership television events.

In late 2018, new federal laws came into effect with the aim of further discouraging drunk driving. Previously, first-time offenders faced a minimum fine of $1,000; second-time offenders faced a minimum penalty of 30 days in prison; and repeat offenders faced a minimum of 120 days in prison.

Under the new laws, first-time offenders with a blood alcohol content (BAC) of between 80 and 119 mg per mL face a minimum fine of $1,000; first-time offenders with a BAC between 120 and 159 mg face a minimum fine of $1,500; and first-time offenders with a BAC over 160 mg face a minimum fine of $2,500. First-time offenders who refuse to be tested face a minimum fine of $2,000.

The penalty for second- and third-time offenders remains a minimum of 30 and 120 days in jail, respectively. Impaired drivers who cause an accident causing no bodily harm face up to 10 years in prison. Those who cause an accident causing bodily harm face up to 14 years, and those who cause an accident resulting in death can face life in prison.

The new penalties were generally accepted by road safety advocates and car accident lawyers. However, some still question whether they are sufficient. A recent Toronto Stararticle suggests that some drunk drivers in Ontario are treated too leniently.

On June 21, 2020, 27-year-old Darya Selinevich of Richmond Hill was arrested while driving dangerously on Highway 400 south of Barrie. According to an agreed statement of facts, as reported by the Star, Selinevich was “swerving from side to side” in heavy traffic and repeatedly almost struck the median. A breathalyzer showed she had a BAC of over 160 mg. A dozen empty beer containers were reportedly found in her vehicle.

Shockingly, this was Selinevich’s third arrest for impaired driving. In 2015, she received a one-year ban for speeding with a BAC of twice the legal limit. Just a month later, she struck and killed a cyclist on Finch Ave West, fled the scene, and led police on a chase through a residential neighbourhood. She had been drinking heavily and was travelling at twice the speed limit when the collision occurred, according to the Star.

Selinevich received a seven-year sentence for her role in the death, which was reduced to 4 ½ years for time served. She was granted day parole in early 2018, and later granted full parole on the condition that she did not drink and did not drive.

Following her most recent arrest, Selinevich pleaded guilty to impaired driving and driving while suspended. The Crown is seeking a prison sentence of two years less a day; her defence is seeking a sentence of no more than 15 months. For many observers, including some car accident lawyers, both proposals are too low. Selinevich has a history of impaired driving and apparently learned nothing from her role in a man’s death. Previous jail time and existing driving bans did nothing to discourage her from getting back behind the wheel while intoxicated.

As MADD Canada CEO Andrew Murie told the Star: “Families who have been impacted by impaired driving will think this is outrageous.”

As car accident lawyers, the team at Will Davidson LLP can help victims of drunk driving find closure where the criminal justice system cannot. Our team has helped numerous accident victims access compensation to mitigate the costs of recovery.

If you or a member of your family has been injured in a car accident, contact Will Davidson LLP today to schedule a free, no-obligation consultation with an experienced car accident lawyer. Although our team has experience with claims involving impaired driving, we also provide representation in accident benefits claims, insurance disputes, and more.

Reach out today to learn more about our services and experience. Will Davidson LLP offers representation on a contingency basis, meaning you won’t be charge up-front or hourly legal fees. Instead, our team will accept a pre-arranged percentage of the final legal settlement as payment. This approach is used by most personal injury law firms in Ontario to ensure access to justice for all Ontarians.

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How Has COVID-19 Affected Road Safety?

At the onset of the COVID-19 pandemic, road safety experts, including personal injury lawyers, attempted to predict how shelter-at-home measures would impact motor vehicle accident rates and driver behaviour. It was assumed, for example, that wide lockdowns would limit the use of personal automobiles, and that that would in turn reduce the number of serious accidents.

Around the time that the pandemic took hold in North America, the Global Alliance of NGOs for Road Safety compiled a list of factors that might affect road safety during and after the lockdowns. Below, we’ll look at a few key predictions and assess their accuracy.

There Will Be Fewer People on the Roads

The Global Alliance was correct in predicting that personal automobile use would decline amid the lockdowns. This effect has been noted around the world.

Unfortunately, the Alliance – and many personal injury lawyers – also guessed that fewer journeys would lead to fewer crashes. New data suggest this has not been the case. In the United States, a report from the National Safety Council (NSC) showed a 14 per cent year-over-year increase in fatality rates per distance driven in March. While overall traffic deaths – a figure that includes fatalities among drivers, passengers, pedestrians, and cyclists – were down 8 per cent, the overall number of miles driven was down 18 per cent, meaning road users are actually more likely to be killed than during the same period last year.

The numbers are equally discouraging in Ontario, where the OPP reported 71 deaths on patrolled roads as of May 4, up from 61 deaths during the same period in 2019. In both the United States and Ontario, speed appears to be a key factor.

“Disturbingly, we have open lanes of traffic and an apparent open season on reckless driving,” said NSC President Lorraine M Martin, according to the BBC. “Right now, in the midst of a global pandemic and crisis, we should take it as our civic duty to drive safely.”

“If we don’t do it for ourselves,” she added, “we should do it for our first responders, our law enforcement and our healthcare workers, who are rightly focused on coronavirus patients and should not be overwhelmed by preventable car crashes.”

Of the 71 deaths in Ontario, 17 were linked to speeding.

“We aren’t invincible,” said Lewis Smith, Canada Safety Council’s coordinator of communications, to Global News. “Speed may seem like a good idea because the roads are open, and you think you’re not putting anyone at risk, but the truth is risk can come in a hurry. Speed incenses the likelihood of something happening you don’t have time to react too.”

Even before it became apparent that lighter traffic would not lead to fewer deaths, safety experts were concerned about cars eventually returning to the roads.

“Some radio programs and news reels are showing empty streets and realizing that it’s true that there are no road crashes because of this, but what will happen when we all go out again?” asked Viviam Perrone of Argentina’s Asociación Civil Madres del Dolor in a Global Alliance article. “… we should learn to live with our foot off the accelerator when we return to the streets.”

Fewer People Will Use Public Transit

It was expected at the onset of the pandemic that mass transit ridership would plummet – this has played out as expected. It is unlikely that riders will return to public transit in the near future.

From a road safety perspective, this is a problem. Traveling via mass transit is in general much safer than travelling in a personal automobile. If fewer people choose to take mass transit in the near future, that will mean more automobiles on the road and, in all likelihood, more accidents.

If cities want to avoid a major spike in traffic accidents as their lockdowns are lifted, they must encourage commuters to travel on foot or by bicycle as much as possible. They must also develop strategies for effectively sanitizing public transit vehicles and restoring public trust.

Road Safety Strategies Will be Put on Hold

The City of Toronto is already familiar with the challenges of implementing a comprehensive road safety strategy; even before the pandemic, it struggled to make progress with its Vision Zero approach. As public resources are reallocated to deal with COVID-19, personal injury lawyers fear that road safety measures will tumble down the list of priorities. There is also concern that public messaging and awareness campaigns around road safety will be drowned out by the deserved focus on the virus.

“In general, it would seem that most of the public will be distracted, from road safety messages and that perhaps some of what we road safety advocates might usually be doing might need to wait until COVID comes under control,” said University of Washington Global Health professor Carlie Mock in the Global Alliance article.

Contact an Experienced Personal Injury Lawyer

If you or a member of your family has been injured in a traffic accident amid COVID-19, contact Will Davidson LLP today to schedule a free, no-obligation consultation. Our team of personal injury lawyers is continuing to accept new clients throughout the lockdown. Don’t hesitate to be in touch with any questions or concerns.

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Is Canada Falling Behind on Road Safety?

Serious car accidents continue to occur in the Greater Toronto Area (GTA), despite restrictive physical distancing measures in place to arrest the spread of COVID-19. On March 30, one person was killed in a single vehicle accident at Toronto’s Exhibition Place; on April 3, another fatality occurred in a three-car crash near Islington and Steeles Avenues; and on April 4, a cyclist was struck and injured in the city’s Rexdale neighbourhood. For car accident lawyers, these events are a reminder that road safety reforms are urgently needed in Ontario, and that injury victims will continue to require legal assistance, even in the midst of a pandemic.

Before COVID-19 came to dominate headlines around the world (rightfully so), road safety issues were a major concern in several Canadian jurisdictions. Forty-two pedestrians were killed on the streets of Toronto in 2019, the same number as the previous year and the most since 50 people were killed in 2002. Fifteen motorists, six motorcyclists, and a cyclist were also killed.

In Ottawa, the deaths of three cyclists in 2019 attracted significant media attention and added urgency to the city’s new road safety plan. The picture is even grimmer in several remote and rural communities: drivers in Northern Ontario are nearly twice as likely to be killed in an accident as their neighbours in the south. In Yukon, the 2017 traffic fatality rate was 18.2 per 100,000, more than three times the then national rate of 5.0 per 100,000.

The news isn’t all bad, of course. Fatal traffic accidents have slowly declined over the past decades in Canada, as have rates of drunk driving. But road safety experts, including car accident lawyers, are concerned that the country is falling behind.

In 2019, the City of Oslo, Norway’s capital, recorded zero traffic deaths. It reached this milestone by enacting a series of sweeping infrastructure and policy changes, including reducing speed limits and improving demarcation between cycling and driving lanes. The policies are largely in line with Sweden’s ‘Vision Zero’ philosophy, which aims to eliminate deaths and serious injuries by making safety central to infrastructure and transportation decisions.

Vision Zero has been adopted, often to great effect, by cities around the world, including some much closer to home, such as New York. In Canada, Vision Zero was first adopted by Edmonton, in 2015, and later by Vancouver, Toronto, Montreal, and Hamilton, among others. Halifax and Ottawa have road safety strategies that embrace parts of Vision Zero without explicitly targeting zero deaths.

Unfortunately, many Canadian cities have struggled to reduce traffic deaths, and have particularly struggled to protect vulnerable road users. Critics believe a paradigm shift is necessary for these goals to be accomplished: decision makers must prioritize safety over efficiency and convenience.

In an expansive article for the Ottawa Citizen, Elizabeth Payne, the recipient of a traffic safety fellowship with the International Centre for Journalists, spoke with Ottawa city councillor Catherine McKenney about the city’s road safety shortcomings. While McKenney supports the many of the measures included in the city’s new road safety strategy, she believes it is inherently flawed by its failure to target zero deaths.

“The plan is a better plan than we have ever had in this city,” McKenney said. “But the key piece missing is Vision Zero. Without that, we are accepting that road deaths are normalized, that they’re OK. Without establishing a goal of zero, it means that we don’t acknowledge that every single death on our roadway is preventable. And every single death is preventable.”

As car accident lawyers, our team encounters seriously injured accident victims on a daily or weekly basis. We are acutely aware of the devastating, lifelong impacts that a serious motor vehicle accident injury can have. For us, the central tenets of the Vision Zero strategy – lower speed limits, improved safety infrastructure, respect for all road users – are common sense. But for people who have never been affected by a serious motor vehicle accident, these measures can appear costly, inefficient, and unwarranted. As a result, road safety improvements are often pushed to the political backburner, which leads to frustration among advocates.

“One of the things that frustrates me is that it doesn’t get the priority it needs,” road safety expert Neil Arason told Payne. “Every year, a couple of thousand people are killed on our roads and 10,000 to 15,000 people are seriously injured. We just accept it.”

“It’s not hard to see these traffic deaths are easily preventable. That is what is so frustrating,” added Graham Larkin, executive director of Vision Zero Canada. “Is [Vision Zero] doable in Canada? Yes, it is doable anywhere. The same principles apply. You often hear excuses made. We build excuses like the Dutch build infrastructure. They will just go ahead and fix things whereas we will tend too often to say, ‘Well, you know it can’t happen here.’”

There is no telling how long the COVID-19 pandemic will linger in Canada. Restrictions on movements could be eased as early as late spring, or could last into 2021. During this time, it is essential that Canadian road safety activists and their political allies continue to emphasize the importance of their mission. Fatal and serious traffic accidents continue to occur every day, even amid this largescale lockdown. The people injured in those accidents are as important today as they were before the pandemic.

If you or a member of your family have been injured in an accident, contact the car accident lawyers at Will Davidson LLP to schedule a free, no-obligation consultation. Our team is accepting new clients during the COVID-19 lockdown and would be happy to discuss your case.

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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Protecting Senior Road Users

On a Saturday in late November, Toronto police hosted a seniors-focused pedestrian safety event at Woodside Square mall in Scarborough. The session included safety tips from officers and free reflective armbands to improve visibility. It occurred just a day after two seniors were seriously injured in separate accidents elsewhere in the city.

Seniors’ safety is a major concern for Toronto’s lawmakers, road safety advocates, and personal injury lawyers. According to the city’s official Vision Zero plan, roughly 870 seniors were killed or seriously injured in accidents between 2005 and 2016. In 2019, approximately 80 per cent of pedestrian fatalities involved people 55 or older; about half were seniors. As Toronto’s population ages – roughly one in five Torontonians will be older than 55 by 2040 – this already serious issue could become a crisis.

Toronto isn’t the only region facing this challenge. Transport Canada data shows that an average of 447 senior-aged drivers, passengers, pedestrians, cyclists, and motorcyclists died each year between 2000 and 2015 on Canadian roads. The next most vulnerable group, 25- to 34-year-olds, averaged 379 deaths per year. The data also shows that senior drivers, specifically, were the most likely to be killed since 2010; they were third, fourth, and fifth most likely from 2000 to 2007.

According to CBC News, the increase in traffic deaths involving seniors and older adults is “a troubling trend found in cities around the world,” a trend that lawmakers are struggling to address. Toronto police’s information session at Woodside Square, for example, attracted widespread ire from safety advocates and some personal injury lawyers.

“They’re out there doing something that the evidence shows us does not work and is in fact a form of victim blaming,” said Jessica Spieker of advocacy group Friends and Families for Safe Streets to CBC Toronto. “There is clear statistical evidence that driver behaviour is largely at fault along with infrastructure design. So there are the things we need to aggressively target.”

In fact, infrastructure design and actions to reduce speeding and other dangerous behaviours are central to Toronto’s Vision Zero plan. The city has invested in red light cameras, road redesigns, speed limit reductions, and is planning to introduce automated speed enforcement cameras in the near future. It also plans to improve “senior safety zones” around the city with enhanced markings and signage, longer pedestrian crossing times, and additional road design changes.

Unfortunately, the initiatives have not yet reduced collisions, serious injuries, or fatalities, and law enforcement may be getting desperate. In November, police Chief Mark Saunders announced a new eight-person traffic enforcement unit tasked with reducing dangerous driving and protecting pedestrians at high-risk locations. The Woodside Square safety session, on the other hand, appeared to shift focus from dangerous driving to dangerous walking.

“Instead of keeping on reminding drivers, we also want to help the pedestrians to raise their awareness and provide them with a simple tool that can help them,” Const. David Huang told the CBC. “If we can even reduce pedestrian collisions by one then I think it’s all worth our time.”

Mayor John Tory’s office also offered support for the initiative through a statement that read: “everyone must do their part to stop these preventable deaths and injuries, but that the primary onus rests with drivers in powerful steel vehicles.”

The Mayor’s statement mirrors what most Toronto citizens – including many personal injury lawyers – believe about road safety in their city. Reckless cyclists and pedestrians do sometimes cause serious traffic accidents, but distracted, impaired, or irresponsible drivers are more often to blame. When a vulnerable road user makes a mistake, they put themselves in danger; when a motorist makes a mistake, they endanger everyone on the road.

Contact Will Davidson LLP

If you or a member of your family has been injured in a traffic accident in Toronto, Oakville, or anywhere else in Ontario, contact Will Davidson LLP to schedule a free, no-obligation consultation. Our team of experienced personal injury lawyers has helped thousands of Ontarians access fair and reasonable compensation for the injuries they have incurred. We will evaluate your claim, explain your options and the legal process, and provide guidance and support as you navigate the difficult road to recovery.

With decades of experience in Canadian personal injury and insurance defence law, Will Davidson LLP has the experience and expertise to ensure that you are fairly compensated for the damages you have experienced. We also understand the unique mental, physical, and financial hardships that accompany a serious personal injury or long-term disability. For that reason, we are proud to work on a contingency basis, meaning you will never be asked to pay hourly or upfront legal fees. Instead, we will accept as payment a percentage of your negotiated settlement. This arrangement provides clients with the freedom and flexibility necessary to fund their recovery during the lengthy litigation process.

Commercial Vehicles Involved in Numerous Fatal Accidents in Toronto

As Ontario car accident lawyers, the team at Will Davidson LLP keeps a close eye on road safety issues around the province, particularly in Toronto, where fatal collisions among vulnerable road users (cyclists and pedestrians) have increased alongside the city’s population. A recent accident near the intersection of Yonge St and Eglinton Ave in Midtown epitomized the issue while simultaneously shedding light on a serious but neglected problem.

According to the Toronto Star, 54-year-old Evangeline Lauroza was struck and killed by a cement truck at Yonge and Erskine Ave, three blocks north of Eglington, on September 10. Toronto’s Midtown has been a hotbed of construction for several years. There are numerous high-rise buildings under development and crews are working on the Eglinton Crosstown LRT, a multi-billion-dollar public transit project. The result is chaos at street level: roads are narrowed, exits are blocked, and commuters, pedestrians, and cyclists are forced to share space with large industrial vehicles.

As of the Star’s September 12 article, nine of the 26 pedestrian fatalities in Toronto were caused by collisions involving large trucks. The article also cites analysis by University of Windsor researcher Beth-Anne Schuelke-Leech, who found that 10.6 per cent of pedestrian fatalities between 2007 and 2017 involved large trucks, despite these accidents accounting for just 4.8 per cent of collisions overall. Additionally, the research showed that 37.6 per cent of serious collisions involving trucks during that time period were fatal, compared to just 15.9 per cent involving other vehicles.

“Trucks are undeniably more dangerous to (pedestrians and cyclists) in a collision when compared to other vehicle types,” Schuelke-Leech told the Star.

Ontario car accident lawyers are familiar with the dangers posed by large vehicles, both in downtown settings and on highways. The question is: what can be done to reduce truck accidents and the fatalities associated with them.

What is Being Done to Address Truck Accidents in Toronto?

In 2017, the Government of Ontario announced that drivers must undergo more than 100 hours of safety training before being eligible for a commercial truck license. Since then, the government has also introduced a strict no tolerance policy regarding drug- and alcohol-impaired truck-driving.

The City of Toronto has been less proactive. Its ambitious – and so-far ineffective – Vision Zero road safety strategy does not specifically address risks posed by large commercial vehicles. However, the city does have certain restrictions in place.

“Heavy vehicles are prohibited on certain streets and at certain times – on some streets only during overnight and on some streets at all times,” City of Toronto spokesperson Hakeem Muhammad told the Star.

“Commercial vehicles are large, heavy, full of sight line challenges,” he added. “Any time these vehicles are operated in areas used by vulnerable road users there is a risk to safety.”

However, these rules include exemptions: if there is no other way for a commercial vehicle to access a work site, they may use roads on which they would otherwise by prohibited.

City councilors in downtown wards have called for action to reduce accidents involving large commercial vehicles. Several have asked for a hiatus on development approvals in Midtown until more effective safety measures can be established. One downtown councilor also requested that smaller vehicles be used as garbage trucks, fire trucks, and ambulances, a strategy that has already been adopted in nearby Hamilton.

What to Do if You’ve Been in a Truck Accident

If you’ve been injured in an accident involving a large commercial vehicle, you may be entitled to compensation through a personal injury or insurance claim. Contact an experienced personal injury lawyer to discuss your options. Accidents involving commercial vehicles can be quite complex, not only because they result in devastating injuries but because questions around liability may arise.

For example, some commercial vehicle accidents are caused by faulty equipment or improperly secured payloads. Is the driver of the vehicle solely responsible in these cases? Is the company or organization that owns the vehicle liable? Should the manufacturer share the blame? Accidents involving city-owned vehicles can be similarly complex.

What is clear is that if you’ve been seriously injured in a truck accident through not fault of your own, you deserve compensation for the damages you have suffered. Serious personal injuries can lead to lengthy recoveries and long-term disabilities; a personal injury claim can help address financial challenges and ensure access to necessary medical and rehabilitative care.

For more information about pursuing a personal injury claim, contact Will Davidson LLP to schedule a free, no-obligation consultation. Our team of experienced Ontario car accident lawyers will review your case and provide advice as you consider your options.

Will Davidson LLP provides personal injury representation on a contingency basis, which means we do not charge legal fees until your claim has been successfully resolved. When your compensation is secured, our team will accept a percentage of your total compensation as payment.

Study Reveals Best and Worst Driving Cities in Ontario

InsuranceHotline.com, a website that compares auto insurance quotes, recently named the ten best and worst driving cities in Ontario based on how likely residents are to have tickets, collisions, or a combination of the two on their records. The study, which looked at quotes from 2018 and 2019, showed that drivers in high-density urban neighbourhoods are less likely to have infractions than their more rural counterparts. The results came as a surprise to insurance professionals and car accident lawyers.

Oakville is One of the Best Driving Cities in Ontario

Province-wide, 3.5 per cent of drivers admitted to having at least one at-fault crash and one ticket on their record; 6.9 per cent admitted to having at least one ticket and 8.9 per cent admitted to having been in a collision in the last ten years.

Drivers in Orangeville, Ontario, located roughly an hour northwest of Toronto, were the most likely to report at least one crash and one ticket, at 9.4 per cent. Fifteen per cent of Caledon drivers reported having at least one ticket, and 13.6 per cent of Woodstock drivers admitted being involved in a crash in the last decade.

The report assigned letter grades for each municipality based on the increased or decreased likelihood of drivers reporting an infraction. The communities of Orangeville, Bradford, Woodstock, Sault Ste. Marie, Brantford, and Orillia all received ‘D’s, while Thunder Bay, St. Thomas, Caledon, and Barrie rounded out the bottom ten with ‘C’s.

The top ten driving cities in Ontario – North York, Toronto, East York, Etobicoke, Mississauga, Brampton, Scarborough, York, Thornhill, and Oakville – are all in the GTA, to the surprise of the study’s authors.

“We were as surprised as pretty much everyone when we saw these results and really looked at the data and saw how this was shaking out,” InsuranceHotline.com senior manager of partnerships Anne Marie Thomas told Canadian Underwriter. For car accident lawyers, the finding bolsters concerns that downtown clients don’t receive good value for their insurance dollars.

Insurance Rates Don’t Reflect Study Findings

Drivers in cities like Brampton, Mississauga, and Toronto pay stubbornly high auto insurance rates which, as Ontario car accident lawyers know, have become more unreasonable given recent accident benefits cuts by the province. BramptonGuardian.com reports that Brampton residents pay an average $2,494 per year in insurance premiums, more than $1,000 above the provincial average. Mississaugans pay an average of $2,086 per year.

Auto insurance premiums are based on more than collision and infraction rates. Urban drivers may pay more due to the sheer volume of accidents downtown, or perhaps because collisions in city cores tend to be more serious than accidents on rural roads. Lower per capita collision rates also don’t necessarily mean that city dwellers drive more safely; they may simply drive less. After all, it’s more difficult for people in rural areas to get from point A to point B by transit, bicycle, or foot. Average population age could also play a role.

“It’s everything factored in together,” Thomas said in her interview with Canadian Underwriter. “It’s where you live, how you drive, how long you’ve been licenced – it’s the whole package. Saying that this one city is worse or this one city is better, for everyone, that may not necessarily be the case.”

“Maybe [the lower average premium in rural areas] speaks to the accidents not being at-fault accidents,” Thomas continued. “Maybe rates are more expensive in these cities … because of the cost to settle the claim versus somewhere in Orangeville. Maybe those drivers have had an accident, but it’s a single-vehicle accident that had a couple of thousand dollars in damage, whereas in a more congested areas, maybe the accidents are more significant and more expensive to settle.”

Flipping the Script

Regardless of insurance prices, the InsuranceHotline.com study challenges assumptions about rural vs. urban driving. It may feel safer to coast along a provincial highway than navigate multiple lanes of impatient traffic on the Don Valley Parkway, but the stats suggest rural drivers are ticketed more often and involved in more accidents than their urban peers.

Contact an Ontario Car Accident Lawyer

If you’ve been involved in a traffic accident anywhere in Ontario, contact Will Davidson LLP to learn how our experienced team of car accident lawyers can help. Will Davidson LLP has been representing injured Ontarians for decades. We understand the serious physical, mental, emotional, and financial challenges that accompany serious car accident injuries, and are committed to helping our clients secure compensation for the damages they have incurred.

Contact us today to arrange a free, no-obligation consultation where we will discuss the viability of your claim and explain your legal options. Will Davidson LLP is proud to work on a strict contingency basis, meaning you will not be asked to pay legal fees until your case has been successfully absolved. Reach out now to learn more.

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.

How Safe are Higher Speed Limits?

In May, Ontario Transportation Minister Jeff Yurek announced plans to review speed limits on provincial highways. Later in the month, the Conservative Government previewed plans to test a 110 km/h limit on three sections of 400-series highways. The announcements provoked mixed reactions from stakeholders, some who believe higher speed limits make perfect sense and others, including car accident lawyers, who fear they will lead to increased injuries and fatalities on Ontario roads.

Proponents of the plan often look to the United States for examples of successfully implemented higher speed limits. In 1995, Congress repealed a federal law capping speed limits at 65 mph (105 km/h) nationwide, allowing the states to set their own maximum speed limits.

Today, maximum speed limits vary widely state-to-state. According to the Globe and Mail, 22 have maximum speed limits of 70 mph (112 km/h); 12 have maximum limits of 75 mph (121 km/h); and seven – Idaho, Montana, Nevada, South Dakota, Texas, Utah, and Wyoming – have maximum limits of 80 mph (129 km/h). In Texas, there is even a 41-mile stretch of highway with a mind-bending 85 mph (137 km/h) limit.

Like their southern cousins, Canadian provinces are able to set their own maximum speed limits. Ontario would join Alberta, Saskatchewan, Manitoba, New Brunswick, and Nova Scotia by raising its maximum limit to 110 km/h. Only British Columbia’s is higher at 120 km/h on select roads.

Of course, the question for car accident lawyers is not whether Ontario should be able to raise its maximum speed limits, but whether it would be safe to do so. Evidence from the United States suggests not.

Chief researcher for the Insurance Institute of Highway Safety (IIHS) Chuck Farmer has studied the effects of higher speed limits on road safety extensively. Per the Globe, he believes increased speed limits have caused roughly 37,000 deaths in the United States since 1993. By looking at annual traffic fatalities per mile travelled in states that increased speed limits and factoring out other road safety factors like seatbelt usage, Farmer was able to calculate an 8 per cent increase in fatality rate for every 5 mph added to the speed limit on Interstates and freeways.

Less nuanced numbers provided by the World Health Organization offer similar conclusions. The United States experienced 11.6 traffic-related deaths per 100,000 people in 2016; Canada experienced just 5.8. In 2017, 1,841 people died on Canadian roads; 37,133 died in the United States. Closer to home, British Columbia was forced to roll back its 120 km/h speed limits on several routes when accidents more than doubled.

If you have been injured in a motor vehicle accident, contact Will Davidson LLP to learn how we can help. Our team of experienced car accident lawyers can provide guidance as you consider a personal injury claim.

Image credit: Bobby H./Wikimedia Commons

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