Month: October 2014

Daily log requirements for commercial drivers

On behalf of Rooz Law posted in Truck Accidents on Friday, October 24, 2014.

In order to protect truck drivers and the public, Canada requires commercial drivers to drive a specific number of hours and take regular breaks. These measures are meant to prevent fatigue, a significant risk factor for truck accidents. To ensure that these regulations are being followed, commercial drivers are required to keep logs.

The logbook should be filled out on a daily basis and should track the driver’s off- and on-duty time for that day. Some commercial drivers are exempt from having a logbook. These are primarily drivers who stay within a certain radius of their home terminal, return to the terminal daily and have a minimum of eight consecutive hours off each day.

If a driver is required to keep his or her own logbook, it is supposed to contain certain information. Logbooks must contain the date for each entry, the driver’s name and the start time. If the driver is part of a team, the names of the other drivers should be entered in the log. A section for remarks is reserved for calculating off- and on-duty time. There are also other logbook requirements that pertain to specific industries. In addition, the employer is required to keep accurate records of its employee’s driving time.

A personal injury lawyer may review a commercial driver’s logbook to see if exhaustion might have been a factor in an accident. If the driver or his or her employer broke state statues regarding the amount of time he or she was behind the wheel on a given day, it may be possible to prove liability on the part of the driver and his or her employer.

Source: Justice Laws Website, “Commercial Vehicle Drivers Hours of Service Regulations”, October 21, 2014

1 dead, 3 injured after truck collides with SUV in Ontario

On behalf of Rooz Law posted in Truck Accidents on Wednesday, October 15, 2014.

A two-vehicle collision on October 10 near New Tecumseth claimed the life of one individual and left three others injured. According to the report, two of the injured motorists were still receiving hospital treatment for serious injuries.

The accident transpired just outside of New Tottenham Line 3 at about 12:30 p.m. when a woman driving a northbound cement truck on Tottenham Road smashed into the back of a Ford Edge SUV, Ontario Provincial Police said. The impact from the heavily loaded cement truck injured four of the SUVs’ occupants. One of the occupants, a 26-year-old man from Hamilton, was fatally injured and was declared dead by medical personnel at hospital.

First responders also took the three other injured SUV occupants to hospital for treatment. One of those victims was reportedly being treated at Sick Kids’ Hospital located in Toronto. The report did not indicate if the truck driver, who was only slightly injured in the crash, received hospitalization.

When they responded to the scene, authorities shut down a section of Tottenham Road and a nearby intersection for a few hours as investigators worked to determine the cause of the crash. One OPP official stated that Tottenham Road is a highly travelled roadway. He also stated that during the crash investigation, provincial police stopped a motorist for travelling 72 km/h over the posted speed limit.

Ontario drivers who have suffered serious injuries from a truck accident, and who believe that a driver’s negligent actions caused the crash may wish to contact a lawyer who may be able to determine if they are eligible to pursue compensation through a personal injury claim. In successful cases, courts usually award a plaintiff for his or her accident-related damages, such as medical costs and lost earnings.

Source: Barrie Examiner, “Hamilton man killed, three hurt, in crash near Tottenham”, Ian McInroy, October 11, 2014

Fatal Ontario car accident leaves 3 dead

On behalf of Rooz Law posted in Car Accidents on Monday, October 13, 2014.

A 57-year-old vice principal, his 49-year-old schoolteacher wife and a 26-year-old construction worker are all dead after an Ontario car accident on Sept. 28. According to police, the accident near Orangeville occurred around 11 p.m. Fire resulting from the crash left both vehicles unrecognizable, according to authorities.

The 26-year-old was allegedly speeding in his Volkswagen and ran a stop sign on the Mono-Amaranth Townline. He T-boned the Jeep Liberty SUV driven by the vice principal. Both vehicles were flipped upside down in the crash. Authorities say they do not believe the driver of the Volkswagen saw the stop sign because they could not find evidence that he made an effort to stop.

One witness reported hearing the impact, seeing the fire and calling 911. An investigation into the accident is ongoing, including the examination of the remains of the vehicles.

In car accidents such as this one, surviving family members may be able to file a wrongful death lawsuit. For example, if a mechanical failure of the Volkswagen driver’s brakes caused the accident, both families might be able to sue the manufacturer. If investigators agree that the stop sign was obstructed, then he might not be held responsible.

However, in cases like this, if the other driver was negligent, the families of anyone who was killed may be able to file a personal injury lawsuit even if the driver is deceased. Finding a driver negligent means demonstrating that the driver did not take a reasonable amount of care. For example, if a driver with functioning breaks sped past a stop sign, his actions will likely be considered negligent, and he may be liable for the crash.

Source: thebarrieexaminer.com, “Three killed in crash near Orangeville”, Tracy McLaughlin, September 29, 2014

The benefits of insurance after a car accident

On behalf of Rooz Law posted in Car Accidents on Thursday, October 2, 2014.

Being injured in a car accident can be physically, emotionally and financially burdensome. Ontario law provides some financial relief through the Statutory Accident Benefits, which insurance companies are required to offer in standard policies.

Whether or not a driver is at fault in a car accident that causes injury to others, Statutory Accident Benefits allow the driver to recover compensation for certain damages. These benefits might include payments that replace lost income, caregiver compensation if the driver is unable to continue caring for a family member, and compensation if the driver cannot do everyday activities and is not eligible for replacement income or caregiver payments. Other expenses that the driver may be reimbursed for include travel expenses for family members who visit during treatment and recovery, home maintenance, housekeeping, lost educational costs, and replacement or repair of damaged items in the accident. Additionally, the family members of the driver could be eligible for death and funeral benefits if the driver dies in the accident.

While these benefits apply to drivers who are insured, drivers who are not at fault and do not have insurance coverage may be entitled to accident benefits. They can fill out the Accident Benefits Application Package and send it to the insurance company that covers the at-fault vehicle. If the vehicle is uninsured, the drivers might receive benefits under the Motor Vehicle Accident Claims Fund. In such cases, the MVACF files a legal claim against the uninsured driver who was at fault in the accident to recover the paid compensation.

Passengers who are injured in traffic collisions could also be eligible for accident benefits whether their names are on the insurance policy that covers the vehicle in which they were riding. Likewise, pedestrians who are involved in crashes may receive compensation from the vehicle insurer. Victims who need help navigating the claims process may receive guidance from a lawyer.

Source: Financial Services Commission of Ontario, “After an Auto Accident: Understanding the Claims Process”, September 30, 2014