Author: Alon

2 injured in serious Highway 401 accident

On behalf of Rooz Law posted in Truck Accidents on Tuesday, August 26, 2014.

Ontario Provincial Police say that two people were hospitalised after a serious crash on Highway 401 in Scarborough. The accident happened at the same scene of a previous crash that was still being cleaned up.

Shortly before 2 a.m. on Aug. 15, a tractor-trailer erupted into flames after it hit a Ministry of Transportation blocker truck. Then, the transport truck crashed into a tow truck and a service truck that was cleaning diesel from the scene of a 9 p.m. collision. Only the left lane of the eastbound express lanes was open at the time of the early morning crash.

Police say that a worker on the scene suffered serious injuries, while the driver of the tractor-trailer truck suffered non-life-threatening injuries. Both were hospitalised for treatment. Meanwhile, the eastbound express lanes were closed, and OPP updated travellers via Twitter that the closure could last until noon because of the cleanup. For the time being, traffic was diverted at Neilson Road to the collector lanes.

When people are injured in motor vehicle accidents, they could be eligible to recover damages such as lost benefits and income, the loss of opportunity and lost earning capacity. Car accident victims might also be compensated for pain and suffering and the loss of being able to enjoy life.

In addition to the damages that the victims might recover, family members that their injuries affect may be entitled to compensation under the Family Law Act. The damages that might be recoverable include travel expenses to visit their loved ones while they recover, loss of companionship and guidance, and the loss of income or value of services if they had to provide care for their injured loved ones.

Source: e-Laws.gov Ontario, “Family Law Act.”

Source: Global News, “Highway 401 reopens near Morningside after serious crash overnight”, David Shum , August 15, 2014

Source: Global News, “Highway 401 reopens near Morningside after serious crash overnight”, David Shum , August 15, 2014

Traffic lights planned for unsafe Toronto intersection

On behalf of Rooz Law posted in Auto-Pedestrian Accidents on Wednesday, August 20, 2014.

Pedestrians who use the crosswalk at Scunthorpe Road and Milner Avenue in Scarborough may be relieved to hear that traffic lights are planned to replace the crosswalk. The plans come after residents complained about safety at the intersection for a long time and after a senior died in the crosswalk.

On Sept. 5, 2013, an 88-year-old man was in the crosswalk on a motorized scooter when a truck hit and killed him. The accident horrified the 200 residents at Sts. Peter and Paul Senior’s Residence, where the man had lived. The residents are afraid to use the crosswalk, which one woman said that they have to use to go shopping, catch a bus or attend church.

Residents have complained about rising speeds on Milner Avenue, but a traffic study in October 2013 that tested traffic volume and speed did not find lights at the intersection warranted, even after the senior fatality. However, a March 2014 traffic study concluded otherwise. The report said that 139 pedestrians and 5,590 vehicles crossed through the intersection during an eight-hour period, in which 16 drivers did not stop for pedestrians even though they could have done so safely.

Despite plans to install traffic lights at the intersection, the deputy mayor advises seniors to take care while crossing. He says that too many pedestrians die at intersections with traffic lights.

In Ontario, family members who lose a loved one in a pedestrian accident could recover some of the damages and be entitled to other benefits. They might be able to recover the loss of household earnings and the cost of a funeral and the disposal of the body. Many pedestrian accidents are caused by driver inattention, such as not noticing a crosswalk, but benefits may still be available even if a pedestrian was partially at fault.

Source: InsideToronto.com, “Traffic lights to replace a crosswalk where senior fatally struck on Milner Avenue”, August 14, 2014

Source: InsideToronto.com, “Traffic lights to replace a crosswalk where senior fatally struck on Milner Avenue”, August 14, 2014

Ontario woman dies in pedestrian-bus accident

On behalf of Rooz Law posted in Auto-Pedestrian Accidents on Tuesday, July 29, 2014.

Toronto officials say that a woman believed to be in her 20s or 30s died after a Brampton Transit bus hit her near the intersection of Humberline Drive and Finch Avenue in Etobicoke. The crash happened just before 6 a.m. on July 28 while it was still dark and heavily raining.

A preliminary accident investigation found that the bus was southbound on Humberline Drive and made a left turn onto Finch Avenue. The woman was heading north across the avenue when the bus hit her. When paramedics arrived, they observed the woman stuck under the bus. Toronto Fire personnel raised the vehicle and tried to rescue her without causing more injury. However, she was declared dead at the scene. The pedestrian accident caused the eastbound lanes of Finch Avenue to be shut down for several hours during the police investigation, but the lanes were reopened by noon.

Police say that both the woman and the bus driver had green lights. One official said that the rain and darkness did not help the situation. A worker at a nearby gas station also reported that the woman was wearing a black outfit. Despite the conditions, police believe that the accident was preventable, and it is likely that the transit bus driver will face charges.

The family members of pedestrians who are killed in accidents because of the negligence of others could be eligible for compensation under the Family Law Act. The compensation could reimburse certain family members, such as parents, siblings and children, for funeral expenses and the loss of companionship and guidance that they reasonably expected to receive had their loved ones not died.

Source: CTV News Toronto, ‘Woman struck by Brampton bus dies,” Kendra Mangione, July 28, 2014

Source: CanLII.org, ‘Family Law Act”

Source: Toronto Star, “Pedestrian dies after being struck by bus”, Laurent Bastien Corbeil, July 28, 2014

Driver may have been impaired in fatal Ontario accident

On behalf of Rooz Law posted in Auto-Pedestrian Accidents on Wednesday, June 25, 2014.

A fatal auto-pedestrian accident may have been the result of impaired driving, according to Ontario Provincial Police. The accident happened in Alliston around 3 a.m. June 20 on Victoria Street between King and Church streets. Reports say a 32-year-old man was driving a Ford F-150 pickup truck in a westerly direction on Victoria Street in the vicinity of where a New Tecumseh public works crew was painting lines on the shoulder of the road.

According to police, the driver of the pickup failed to maintain his lane, crossed over into a lane reserved for parked vehicles and struck a male and female member of the road crew. He then left the scene of the accident. A 41-year-old male member of the road crew suffered life-threatening injuries and was taken by air to a Toronto hospital, but he later succumbed to his injuries. The female road crew member suffered injuries described as serious but non-life-threatening, and she was transported to a local hospital.

OPP found a vehicle nearby and took the driver into custody on suspicion of impaired driving and leaving the scene. He was taken to a nearby station where he was tested. OPP officials issued a statement asking anyone who witnesses a person driving or about to drive while impaired to report the situation by calling 911.

Because of their lack of protection, victims of auto-pedestrian accidents often suffer severe injuries or can even die. A person injured in an auto-pedestrian accident may be left with long-term, chronic pain. Physical therapy is often required, and long-term care is sometimes needed. In order to seek compensation for injuries, a victim could file a personal injury claim if the accident resulted from another’s negligence.

Source: CTV News, “One dead, one injured after being hit by truck “, Kendra Mangione, June 20, 2014

2 hospitalised after car hits pedestrian, house

On behalf of Rooz Law posted in Auto-Pedestrian Accidents on Thursday, June 19, 2014.

An accident in Toronto involving a car, a pedestrian and a Scarborough house ended with two people going to hospital on June 15. Officials say that a driver hit a female pedestrian around 9:40 p.m. near the intersection of Lawrence Avenue East and Midland Avenue before the car crashed into a house.

Toronto EMS responded to the scene and transported the driver of the car and the pedestrian to hospitals for treatment of minor injuries. Due to the car accident, TTC buses were detoured north via Lawrence Avenue East and Marcos Boulevard while police investigated in the crash site. Authorities did not say whether anyone was inside the home at the time. They did not say whether the pedestrian was using a crosswalk, nor did they speculate as to what caused the accident.

There are many causes of traffic accidents, including distracted driving, speeding, impaired driving and carelessness. When pedestrians are involved in road crashes, they are at a higher risk of suffering serious injury than the occupants of a vehicle because they do not have the protection that air bags and seatbelts provide. For this reason, both motorists and pedestrians are obligated to exhibit reasonable care to prevent accidents. When one party does not do this and causes a crash, the other party could be entitled to compensation.

In Ontario, car accident victims may be able to recover compensation from the at-fault party. This could help them recover the cost of financial losses, including the loss of opportunity, earning capacity and income. The victims may also receive reparation for directly related out-of-pocket expenses and for pain and suffering. If the victims’ family members are affected as well, they could receive compensation.

Source: CTV News Toronto, “Car strikes pedestrian, crashes into home in Scarborough”, June 15, 2014

Ontario Highway 401 crash kills 2, injures 1

On behalf of Rooz Law posted in Truck Accidents on Wednesday, May 14, 2014.

Chatham-Kent Ontario Provincial Police say that one person was injured and two people were killed in a head-on collision on Highway 401. Authorities say that the accident happened at around 2:30 p.m. on May 10.

According to a preliminary investigation, a tractor-trailer was heading west when it crossed the median for an unknown reason and crashed head-on into an eastbound car. The 35-year-old male driver and 13-year-old female passenger in the car died at the scene; both were Windsor residents. The 57-year-old London truck driver received treatment at the scene and was then taken to hospital by ambulance. His injuries were not disclosed, but he was released from hospital by May 11.

Authorities had to close both the westbound and eastbound lanes of the highway for some time, and the westbound lanes were reopened before the eastbound lanes were cleared. The Technical Traffic Collision Investigation team was on the scene to gather evidence. The accident has raised questions about the safety of the Windsor-London corridor because only a bevelled strip of grass divides the opposite lanes of traffic.

Ontario law allows the family of deceased truck accident victims to recover the cost of damages. This may include funeral costs and the loss of household income. In an effort to collect that compensation, the families of the deceased individuals in this case may work with a personal injury lawyer. That lawyer may be able to help the plaintiffs build a case that demonstrates the truck driver’s negligence in the accident. After presenting that case in court, the defendant might then be ordered to pay that compensation to the plaintiffs.

Source: Chatham Daily News, ‘Deadly cross-over crash prompts focus on median on Hwy. 401 in Chatham-Kent,” Vicki Gough, May 11, 2014

Source: Sun News Network, “Two dead, one injured following Ontario highway collision”, Vicki Gough, May 11, 2014

1.37 million GM vehicles recalled in Canada, U.S. for bad switch

On behalf of Rooz Law posted in Product Liability on Thursday, March 6, 2014.

General Motors vehicle owners in Ontario may be among those being notified under a recall announcement if they have one of the following models in their garage: a 2006-07 model year Chevrolet HHR, a 2006-07 Saturn Sky, a 2007 Pontiac Solstice or a 2003-07 Saturn Ion. GM has been under fire lately from product liability and safety advocates because it admitted it had known as far back as 2004 that an ignition switch malfunction in certain vehicles could slip from “run” to “accessory” mode while the car was in motion, exposing drivers and passengers to serious injury or death in an accident.

The U.S. National Highway Safety Administration linked the switch problem to 31 crashes and 13 deaths involving drivers and front-seat passengers. The malfunction was believed to be especially deadly because the ignition switch moving into a mode other than “run” while the vehicle is in operation would shut off the engine as well as the cars’ electrical system. Without an operational electrical system, cars’ front airbags will not deploy in an accident. It would also be more likely for motorists to get into a crash when the engine shut off in traffic since the auto would stop, and other drivers might run into it at full speed.

The four models above were added to an earlier announcement from the automaker that covered 780,000 Chevrolet Cobalts and Pontiac G5s manufactured and sold for the 2005-07 model years. With the additions, the total of vehicles being recalled was last counted at 1.37 million, with 235,855 of those reportedly in Canada.

An automobile with faulty parts is not the only dangerous product threatening lives in Canada. Everything from dangerous children’s toys to defective industrial equipment might expose their manufacturers to product liability lawsuits from injured parties. A personal injury lawyer may be able to evaluate the case of someone seriously injured by such a device to look for a pattern of negligent manufacturing on the part of the manufacturer. If one exists, the lawyer may recommend a personal injury claim or class action.

Source: CBC News, “GM adds 4 models to ignition switch recall”, February 26, 2014

Woman killed by reversing pickup truck

On behalf of Rooz Law posted in Auto-Pedestrian Accidents on Thursday, April 24, 2014.

A 70-year-old woman lost her life on April 13 as she was crossing the street. Ontario Provincial Police teamed up with the city police forensic unit to help investigate the auto-pedestrian accident. According to authorities, the accident occurred on Pearl Street in Brockville at about 4 p.m. east of the intersection at Perth Street. The woman was crossing Pearl Street when a pickup truck that was backing up into a parking spot struck her.

The acting sergeant constable says that the man did not see the woman as she was crossing. The constable also stated that the man might have also driven forward over the woman after the initial strike. Although attempts were made at the scene of the accident to revive the woman, they were not successful, and she died from her injuries.

Police have not laid any charges against the driver, and they are treating the incident as an accident. Police initially heard that the woman was run over as the man was pulling out of a laneway, but their investigation concluded that the 56-year-old driver was attempting to parallel park at the time of the accident. A representative from the coroner’s office was also at the scene, and the investigation continued as police awaited results from an autopsy.

Even if criminal charges are not filed following an auto-pedestrian accident, the family of the deceased could still seek compensation for the damages that they realized due to the death. Damages may include the loss of benefits, support and companionship. In order to prevail, a lawyer for the family might demonstrate how the party who struck the victim was acting in a negligent manner or distracted.

Source: Recorder and Times, “Woman, 70, killed by pickup truck”, Ronald Zajac, April 14, 2014

Courts agree to auto recall settlement

On behalf of Rooz Law posted in Product Liability on Monday, March 24, 2014.

Ontario residents who have been following the news concerning the Toyota recalls may be interested to know that four provincial courts have agreed to a proposed settlement with the company. According to the terms of the agreement in this product liability case, Toyota has agreed to provide $600,000 in scholarship funds to five engineering schools and reimburse plaintiffs for a number of the costs they incurred throughout the course of litigation. In addition, many affected Toyota owners can expect to receive up to 10 years of coverage for some vehicular component maintenance and repair procedures as well as a complementary brake system upgrade.