Author: Alon

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

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

Ontario pedestrian accident kills 1

On behalf of Rooz Law posted in Auto-Pedestrian Accidents on Tuesday, July 8, 2014.

An Ontario accident resulted in the death of one pedestrian on July 5. Police suspected the driver involved was impaired at the time of the auto-pedestrian accident. They arrested the man and charged him with impaired driving causing death, criminal negligence causing death, flight from police and failing to remain at the scene of an accident.

The accident occurred at about 4:10 a.m. in St. Catharines. Police responded to a call describing a pickup truck driving erratically and travelling at a very high rate of speed on the Queen Elizabeth Way highway. The pursuing officer suspected the driver was impaired but stopped chasing the truck when it sped away and exited the highway onto eastbound Welland Ave. for safety reasons.

Police said that the driver of the truck apparently lost control of the vehicle at the intersection of Welland Ave. and Queen St. while attempting a right turn. The truck struck a 67-year-old woman, seriously injuring her. The man drove off and struck a tree before fleeing on foot. An emergency crew transported the woman to a St. Catharines hospital. She later needed to be airlifted to Hamilton Health Sciences General Hospital, where she died as a result of her injuries. Officers later found the driver hiding in a nearby backyard. The 30-year-old Brampton man was arrested and charged.

Many families lose loved ones in impaired driving accidents each year, forcing them to cope with funerary expenses and other damages while grieving their losses. Personal injury lawyers could provide help to families who might be considering filing for compensation from impaired drivers through legal action.

Source: The Toronto Star, ‘Brampton man charged in death of woman killed by pickup truck in St. Catharines,” Katelyn Verstraten, July 5, 2014

Source: Black Burn News, “Man charged after pedestrian killed in Niagara”, July 05, 2014

Roadway design measures to improve pedestrian safety

On behalf of Rooz Law posted in Auto-Pedestrian Accidents on Friday, January 2, 2015.

Ontario pedestrian accident cases can be especially catastrophic, as pedestrians are unprotected and thus not easily able to avoid serious injury. There are several different engineering applications that can be implemented in order to lessen the risk to pedestrians with the design of roadways.

Roadway design measures can be as simple as installing improved lighting so pedestrians are easier to see and establishing signs that alert drivers to upcoming crosswalks. Other measures may be implemented to separate pedestrians and traffic, to reduce simultaneous movements of people and vehicles and to lower speed limits through known pedestrian areas.

Roundabouts can help reduce vehicle speeds and thus help lower the risk of pedestrian-involved injury accidents. Studies in Europe have demonstrated a reduction of between 73 to 75 percent of pedestrian accidents following the installation of roundabouts. Installation of raised medians and crossing islands have been demonstrated to significantly lower the risk of pedestrian accidents. A common problem causing pedestrian accidents is obstructed views of drivers due to parked cars. For this reason, vehicle parking near intersections should be restricted to improve visibility. Signalized crosswalks may be helpful as well.

The implementation of engineering-informed roadway design measures is expensive, but the resultant savings in terms of cost of life and other financial losses may far outweigh the initial expense. Even with improved roadway design features, however, it is impossible to avoid all auto-pedestrian accidents. In some instances, a pedestrian will dart across a road. In others, a motorist will be at fault due to negligence, distracted driving or another problem. When a pedestrian has been seriously injured in an accident, he or she may want to have the facts of his or her case evaluated by a personal injury lawyer. A lawyer can provide a fair assessment and may then help file a personal injury lawsuit if warranted.

Source: Canadian Council of Motor Transport Administrators, “Countermeasures to Improve Pedestrian Safetyin Canada”, December 30, 2014

Man charged after hit-and-run accident in Toronto

On behalf of Rooz Law posted in Auto-Pedestrian Accidents on Thursday, September 11, 2014.

A 33-year-old man appeared in an Ontario court on Sept. 2 after he was accused of striking and killing a Toronto pedestrian and then fleeing the scene in the early morning hours of Aug. 30. The auto-pedestrian accident took place on St. Clair Avenue West in the vicinity of Weston Road at approximately 5 a.m. Prior to taking the man into custody, Toronto police had been confident of making an arrest. They had recovered debris from the minivan involved, and they had publically called for the hit-and-run driver to come forward. The man has been charged with leaving the scene of an accident that resulted in death.

According to a Toronto police report, a 31-year-old man was walking on St. Clair Avenue West when he was struck by a vehicle in the westbound lane. Witnesses told responding police officers that a gray minivan had struck the man and then left the scene.

Responding emergency medical services personnel initially pronounced the pedestrian dead at the scene, but he was revived on three occasions while being transported to an area hospital. However, the man subsequently succumbed to his injuries.

To suddenly lose a loved one in a motor vehicle accident can sometimes lead to serious financial challenges in addition to the grief and anguish associated with the loss. In many cases, monthly bills can become unmanageable when a relied upon source of income is no longer coming in. Additional expenses, such a funeral bills and burial costs, can compound this situation. A personal injury lawyer may seek to assist families in this position by bringing a wrongful death lawsuit on their behalf when their suffering and loss is due to the negligent actions of others.

Source: Global Toronto, “Man charged after fatal hit and run on St. Clair Avenue”, James Armstrong, Sept. 2, 2014

Source: Global Toronto, “Toronto police anticipate arrest in hit and run that killed 31-year-old man”, August 31, 2014

HP power cords recalled due to possible fire hazard

On behalf of Rooz Law posted in Product Liability on Wednesday, September 3, 2014.

Ontario residents may be interested to know about a recall issued by Hewlett Packard Aug. 26 for certain notebook power cords that could potentially overheat and cause a fire. Hewlett Packard has received 29 reports of cords overheating and two reports of minor burns. They also have received 13 reports of minor property damage associated with use of the cords. One confirmed and one unconfirmed report of overheating has been received in Canada. However, no injuries have been reported to Health Canada related to use of the cords.