Month: November 2014

The danger of rebuilt air bags

On behalf of Rooz Law posted in Product Liability on Tuesday, November 18, 2014.

Individuals in Ontario might have heard that there may be danger in rebuilt air bags installed in vehicles. They may cause injuries to the head and upper body. National Sacs Gonflables Inc. is the company responsible for the rebuilt air bags, and they may be in any car that has had its air bag replaced since 1998. Vehicle diagnostic systems that would normally indicate a problem with the air bag cannot identify this particular defect. Only a qualified repair shop can determine whether a car’s air bag is rebuilt.

While the rebuilder was supposed to pay for the costs of air bag replacement, it filed for bankruptcy in 2001. Air bag replacement can cost around $1,000 or more. Individuals also have the option to have the air bag deactivated. The Société de l’assurance automobile du Québec recommends deactivation and replacement, but Transport Canada can provide a packet regarding the possibility of leaving the air bag permanently deactivated.

There may be product liability issues with the air bag. An individual who is injured in such circumstances may sometimes file a lawsuit against the company responsible. However, in this case, because the manufacturer is bankrupt, the case may be more complex. Individuals who are injured by air bags may wish to consult a lawyer about what steps they might be able to take.

For example, an individual might have a used car and not know that the car was involved in an accident several years earlier and that the air bag was replaced. The individual might then be injured when an air bag deploys improperly. A lawyer might be able to suggest the best course of action if it is not possible to get a settlement from the air bag manufacturer.

Source: Ontario Ministry of Transportation, “Air Bags”, November 17, 2014

Multi-vehicle wreck in Ontario claims 2 lives

On behalf of Rooz Law posted in Car Accidents on Thursday, November 13, 2014.

Authorities report that a three-vehicle accident on Nov. 10 just outside of Glenco left two individuals dead. The fatal crash took place at about 6:30 a.m. on Longwoods Road.

According to police, the accident occurred when a 17-year-old Chatham man who was heading eastbound driving an SUV attempted to drive around a school bus and collided head-on with a westbound Dodge Ram pickup truck. Following the first crash, a transport truck heading westbound apparently crashed into the two vehicles.

The pickup truck driver, a 50-year-old man from Wardsville, was killed instantly in the crash. First responders took the SUV driver to hospital where he succumbed to his injuries. The transport truck driver declined transportation to hospital but was given medical aid at the scene by EMS. Officials restricted traffic to Longwoods road in both directions for about seven hours while the Middlesex OPP worked to determine the cause of the three-vehicle collision. The investigation was reported to be ongoing.

Whenever a car accident claims someone’s life, the family members might consider holding the driver who allegedly caused the accident liable for their losses they have experienced because of the death. Besides funeral costs and medical expenses, the family may be facing serious financial difficulties if the decedent was their primary care provider. Those costs might be recovered through a successful wrongful death lawsuit.

By enlisting legal assistance, the family may be able to file such a claim in civil court. A lawyer might be able to use certain documentation as evidence that could include records of the accident-related expenses, medical reports, eyewitness statements and reports filed by responding police in the case.

Source: CTV News London , “Two killed in crash near Glencoe identified”, November 10, 2014

Car crash on Ontario parkway claims lives of 2 teens

On behalf of Rooz Law posted in Car Accidents on Thursday, November 6, 2014.

On Oct. 23, two Burlington high school students were killed in a multi-vehicle crash on the Lincoln M. Alexander Parkway in Hamilton, authorities said. According to Hamilton police, an 18-year-old man was driving a Chevy Cavalier eastbound on the parkway with a 19-year-old female passenger around 2 p.m. That is when the car left the roadway, crossed a grassy median and crashed into two westbound vehicles.

Officials at the scene pronounced both teenagers dead. The other two drivers involved in the wreck suffered serious but non-life-threatening injuries and received treatment at a hospital. Police are still investigating why the Cavalier crossed the median, reportedly.

It is very important for police investigators to establish the cause of fatal car accidents. The possibilities are numerous. For instance, evidence may indicate that faulty driving contributed to the accident or it might indicate that a defective auto part contributed to the incident. In any case, families of deceased accident victims may find the car accident investigation report very useful if they wish to bring civil action against the party imputed in the event.

Following deadly traffic accidents, many bereaved families file a wrongful death lawsuit as a means of seeking restitution for funeral costs, burial expenses and many other pecuniary losses. These families often meet with a lawyer to discuss their legal options immediately after the fatal incident. The lawyer may use police reports, witness accounts, evidence collected at the scene and other elements of the accident investigation to help establish a convincing wrongful death claim. In order to succeed, claimants must also demonstrate the specific losses, both pecuniary and noneconomic, they suffered as a result of the event that took the life of their loved one.

Source: insideHalton.com, “Hamilton crash claims lives of two Burlington teens”, October 24, 2014

What to do after an auto accident in Ontario

On behalf of Rooz Law posted in Car Accidents on Wednesday, November 26, 2014.

Many Ontario residents believe that an emergency call should be made after any motor vehicle collision, but this is not required in many cases. Motorists should call 911 if the accident was caused by a motorist violating criminal law, when motorists or pedestrians have been injured or when the vehicles involved have sustained at least $1,000 of damage. A common violation of criminal law that would necessitate an emergency call is driving while impaired by alcohol or drugs. Motorists should call a local police number after less serious collisions.

The first thing that an Ontario resident should do after a car accident is pull over. A driver may face severe penalties for leaving the scene of an accident even if nobody was hurt and the amount of damage was minor. Drivers should not attempt to move injured individuals unless the situation is extreme. However, clearing the roadway of vehicles and debris is recommended in most cases, but it is always a good idea to take photographs of the scene with a cellphone before anything is moved.

Once the risk of further injury or damage has abated, motorists should turn their attention to gathering information. The names and insurance details of all drivers involved should be noted as well as the names and contact information of any witnesses. It is important that motorists try to remain calm at all times. Accidents caused by reckless drivers might provoke an angry reaction, but this rarely improves the situation.

Those who suffer injuries in an auto accident may pursue civil remedies if the driver responsible acted negligently. A personal injury lawyer could help a victim seek compensation for his or her property damage and lost income by filing a lawsuit against the negligent motorist or insurance provider.

Source: Financial Services Commission of Ontario, “What to do After an Auto Accident”, November 25, 2014

Slip and fall accident lawsuits in Ontario

On behalf of Rooz Law posted in Slip & Fall Accidents on Sunday, November 2, 2014.

Thousands of Ontario residents are injured each year in slip and fall accidents. Sometimes, these falls are unavoidable or are caused by negligence on the part of the accident victim, but injuries could have been prevented in many cases had reasonable steps been taken. If you have been injured in a fall that could have been prevented by a warning sign or other measures, you may be able to pursue civil remedies. In many cases, this type of lawsuit is brought against a city, town or other municipal body or agency. However, you may have limited time to make a claim if you are considering taking such a step.

The injuries suffered in this type of accident vary. Some individuals suffer only minor scrapes and bruises, but others are hurt far more seriously. Broken bones or other serious injuries could result in an accident victim being forced to miss work for prolonged periods, and they may encounter severe financial difficulties as a result. If you were hurt in a slip and fall accident, you may be able to sue to recover expenses and lost wages as well as compensation for damage to your property.

This type of lawsuit is often brought because snow and ice was not properly cleared from sidewalks and footpaths, but you may also bring such an action if you were injured due to reasons such as a spill that was not cleaned up, inadequate lighting or an uneven or irregular floor surface.

A lawyer could help a client to gather the evidence required to establish the nature of damages and who was responsible for an accident causing injury. If you would like to learn more about pursuing this kind of lawsuit, please visit our page dealing with slip-and-fall accidents.

Source: ROOZ PM LAW, “North York Slip-And-Fall Accident Lawyer”, October 30, 2014