Category: Car Accidents

What to Do after a Car Accident

Accidents can happen to anyone, and decisions made in the aftermath are critical and can affect your claims for compensation. When involved in a motor vehicle accident, here’s what to do:

Stay calm

Although often easier said than done, it’s important to remain calm. Keeping your cool will help you take better control of the situation. If you feel rattled, take a moment or two to compose yourself before making any decisions or confronting the other party.

Stay at the scene of the accident

If you’ve been in an accident, stop your car. Fleeing from the scene is an offence for which you may be charged.

Check yourself and your passengers for injuries

Check yourself for injuries. Are you feeling any sort of pain? Can you move all your limbs? Do you have any wounds or cuts? Ensure the safety of other passengers by asking them the same questions.

Get information from the other party

The first question to ask the other party is if everyone in his or her vehicle is unharmed. Once you have confirmed that no one is hurt, ask for the following important information:

  • Driver’s license number
  • Driver’s name and contact information
  • License plate number
  • Name of their car insurance company and policy number

For the above, it is best if you secure copies of documents confirming the above. When safe to do so, use your smart phone to take pictures of the other driver’s documents, licence, insurance slip, plate number. Ideally, you should also take pictures of the scene and damage to all vehicles.

Move the vehicles to the side of the road

When permissible and if possible, move the vehicles to the side of the road so you do not obstruct the way for others. Turn on the hazard lights or use cones or warning triangles to alert other drivers.

Damages that exceed $2,000 must be reported to the authorities.

When to Report an Accident

The general rule is that any incident that results in injuries or damages with a combined estimated cost of more than $2,000 must be reported. Other situations in which you are required to report an accident (even if there is no damage or injury) are:

  • When one or more of the vehicles involved is a government vehicle.
  • If the accident results from a criminal act (such as driving under the influence).
  • When there is any property damage, whether private or municipal.
  • When any of the drivers involved do not have car insurance.
  • When the accident involves a pedestrian.

Report any accident within 24 hours, even if you do not want to file an insurance claim. Failing to report an accident that exceeds the $2,000 threshold is an offence (e.g. leaving the scene). Penalties for conviction of this offence include:

  • A fine ranging from $400 to $2,000
  • Possible jail time (depending on the severity of the accident)
  • Suspension of driver’s license for up to two years

If 24 hours have passed and you have not yet reported it, immediately call a local accident reporting centre.

Reporting the Accident to Your Insurance Company

Many drivers mistakenly believe that it’s unnecessary to report an accident to their insurance company if they do not plan to file a claim (especially if the damage is minimal). However, most insurance policies require that all accidents must be reported, regardless of the extent of the damage.

Your insurance company may need the following:

  • Information about your insurance policy
  • The year, make, and model of the cars involved
  • Details about the accident (date, time, location, etc.)
  • The other driver’s information (name, address, insurance company, etc.)
  • The name and badge number of the investigating officer

Contrary to popular belief, reporting an accident to the police will not necessarily affect your insurance company’s assessment; the insurer will independently determine who is at fault and whether or not your policy rate will increase, based on fault determination rules, a set of rules legislated specifically for this purpose

Making a deal with another driver can cause big headaches later on.

Risks of Not Reporting an Accident

In cases with no injuries and little damage, it can be tempting to strike a deal with the other driver and skip the whole process. After all, many do not want to risk increased insurance rates. However, failing to notify the authorities and your insurance company runs many risks, including:

The other driver might not hold up their end of the agreement, resulting in you to getting charged or suffering adverse consequences with your insurance company.

Injuries can arise after the accident and you might be responsible for any medical expenses if you do not make an insurance claim.

The other driver may change their mind and report the accident to their insurance company. If they do, your insurance company will be notified and your policy might be cancelled or affected. Failure to report to an insurer despite a requirement to do so may affect the insurance rates you face on renewal.

The other driver might decide to report the accident to the police and you could be charged with leaving the scene or failing to report it.

The damage might be worth more than $2,000, entitling you to more compensation than you received.

The other driver might take advantage of or con you.

Take a detailed account of the accident.

Recording Information After an Accident

In addition to reporting the incident to the police and insurance companies, take photos of the scene, the vehicles, and anyone involved. If possible, record your account of what happened on video, as well as those from the other party and any witnesses.

When describing the events, simply record what happened according to each person’s perspective. Take note of important details related to the incident, including the time and date, and weather and road conditions. Jot down pertinent information as soon as you can to keep your records as accurate as possible.

Wait for medical professionals to attend to the injured.

What to Do When Someone Is Injured

If the accident caused any sort of injury to anyone, do not attempt to move the person. Immediately call 911 and (unless you’re trained in first aid or are a medical professional), wait for help to arrive. If you need immediate medical care, keep receipts for all expenses incurred for reimbursement.

If you or your family members sustain serious physical or psychological injuries, you may be able to sue the driver at fault and claim compensation for the following:

  • Income loss
  • Medical treatment
  • Rehabilitation expenses
  • Pain and suffering
  • Psychological trauma
  • Housekeeping services
  • Loss of care, guidance, and companionship (for family members)

All persons involved in car accidents in Ontario are entitled to Accident Benefits regardless of fault. If you or a loved one were involved in a car accident, entitlement for anyone, including an at fault driver, may include:

  • Income Replacement Benefits
  • Attendant Care expenses
  • Medical benefits
  • Rehabilitation benefits
  • Lost educational expenses
  • Medical Assessments
  • Many other expenses, including prescription glasses, clothing, funeral expenses, etc.

A first-aid kit in your car may come in handy one day.

How to Be Prepared for Accidents

No one anticipates being involved in a car accident. If you find yourself in this situation, it pays to be prepared. Keep an emergency pack in your car that contains the following:

  • Clean towel and thermal blanket
  • Fire extinguisher, warning triangles, and flares
  • Basic tool kit (flashlights, extra batteries, fully-charged power bank)
  • Extra set of clothes
  • Bottled water and non-perishable food
  • First-aid kit (bandages, antiseptic, gauze pads, etc.)
  • Extra pair of prescription glasses

A legal professional can help ease your burden.

Car accidents are stressful, and dealing with the authorities and insurance companies can be overwhelming. If you are looking for assistance in making a claim, filing paperwork, or if you have questions about the process, call a legal professional.

For an accident lawyer in North York, call Rooz Law at (416) 229-6000. Our dedicated team of personal injury lawyers will fight to make sure you get the compensation you deserve.

Spinal Cord Injuries: What You Need to Know

Without a doubt, a spinal cord injury is one of the most devastating things that can happen to a person. The repercussions of a spinal cord injury are far-reaching and life-altering. Even minor injuries can have a major negative impact, and navigating the healthcare and legal systems can be daunting.

Arming yourself with information is the most effective way to regain control over your life. By learning everything you can about your injury and your rights, you can become fully engaged in both your physical recovery and the legal process. Here is information that will help you understand your situation.

What is the spinal cord and why is it so important?

The spinal cord is a thick bundle of nerves that runs from the base of the brainstem to the lumbar region of the spine. It acts as an information superhighway for your body. Messages are sent along the spinal cord to all areas of the body, allowing it to perform a myriad of tasks every day.

The spinal cord is divided into four sections:

  • Cervical Spine: C1 – C8
  • Thoracic Spine: T1 – T12
  • Lumbar Spine: L1 – L5
  • Sacral Spine: S1 – S5

Any damage to your spine impacts your ability to function optimally. Traumatic spinal injuries can result in anything from irritating tingling sensations to quadriplegia.

How do spinal cord injuries affect your health?

If the spinal cord is the body’s information superhighway, then an injury would be like shutting down the road; the signals from the rest of the body to the brain are impeded. This can limit strength, mobility, and sensation below the trauma site. For example, if it occurs higher in the cervical spine, you could be paralyzed from the neck down. In the case of severe spinal cord trauma, the result is quadriplegia (paralysis in all four limbs). Damage further down the spine can cause lower limb paralysis, lack of bowel or bladder control, and/or loss of lower body sensation.

Needless to say, these injuries are considered severe and require months or years of therapy to regain movement and adapt to chronic limitation or pain. This is why understanding both your injury and your legal rights is imperative for your long-term recovery.

Types of spinal cord injuries

There are two categories for spinal cord injuries:

Traumatic: The result of an event like a car crash, sports accident, or a serious fall. Non-traumatic: The result of a cancerous tumour, inflammation, or infection.

Within these two categories, there are incomplete and complete spinal cord injuries, each presenting with different symptoms.

Incomplete: A person with an incomplete spinal cord injury usually retains some function. Incomplete spinal cord injuries are more common than complete spinal cord injuries partly due to better education on how to administer first aid to car crash victims. Some types of incomplete injuries include:

  • Anterior cord syndrome: This is a neurological condition characterized by trauma to the front of the spinal cord that damages the motor and sensory pathways. With anterior cord syndrome, sensation might be retained but mobility limitations may still exist.
  • Central cord syndrome: Central cord syndrome is the most common cord injury, in which nerve fibres carrying signals from the brain to the spinal cord are damaged. It can result in paralysis of the arms and hands, and sometimes partial impairment of the legs. Loss of bladder or bowel control, sexual function, or fine motor skills can also occur.
  • Brown-Sequard syndrome: This condition is caused by a spinal cord lesion. It causes paralysis or weakness to one side of the body and loss of sensation to the other.

Complete: A complete spinal cord injury happens when the spinal cord is severed and results in more serious complications. With rigorous long-term therapy and timely intervention, a complete spinal cord injury can heal to the degree that some mobility can be regained. Two of the more common complete spinal cord injuries are:

  • Tetraplegia (also known as quadriplegia): This is the most severe condition, resulting in varying degrees of paralysis of all four limbs. Those with tetraplegia cannot move their body below the trauma site. They may have difficulty with bladder and bowel control, respiration, and other normal functions. The higher on the body the injury is, the more severe the condition will be.
  • Paraplegia: This is a result of damage to the thoracic spinal cord. It impairs movement and sensation to the lower half of the body, including the legs. As with all spinal cord injuries, the outcome is more severe the closer the injury is to the top vertebrae.

How are spinal cord injuries treated?

Spinal cord injuries require treatment immediately. If you’ve been involved in a car crash or sports accident (of which approximately one-third of all spinal cord injuries are a result), remain still and avoid moving your spinal column. Prompt emergency care can increase your odds of both survival and recovery.
Once you receive initial medical attention, other emergency care will be administered, including:

  • Medication
  • Immobilization
  • Surgery

Once your condition is stabilized, your medical team will develop a rehabilitation plan that includes a spinal cord injury specialist, psychologist, social worker, and dietician. You will also require physical, occupational, and recreational therapies as part of your recovery.

Your rights

Motor vehicle accidents and falls account for the majority of spinal cord injuries in Ontario (roughly 40% per category), with many being the fault of another party. It’s important to understand the extent of the injuries, their short- and long-term impairments, and the kind of support required going forward. This information will help you and your personal injury lawyer seek damages and enable you to recover as fully as possible.

As the victim of a catastrophic injury, your compensation eligibility may include:

  • Pain and Suffering
  • Lost wages
  • Loss of earning capacity
  • Medical and rehabilitation bills
  • Personal and household care
  • Retraining if you are unable to return to work
  • Assistive devices such as wheelchairs and canes, and/or modifications to your home
  • Other out-of-pocket expenses
  • Short- or long-term disability benefits

If you’ve suffered a spinal cord injury as a result of a motor vehicle accident or a bad fall in the GTA, contact the personal injury attorneys at Rooz Law in North York at 416-229-6000. The sooner you call, the faster we can work to get the compensation you deserve.

Professor killed, man injured in Ontario car accident

On behalf of Rooz Law posted in Car Accidents on Monday, December 29, 2014.

According to Middlesex law enforcement officials, a York University professor was killed in a Dec. 16 motor vehicle accident. Reportedly, the event occurred around 4:19 p.m. in London.

Officials said that the professor, a 58-year-old woman, had been driving a BMW west on 13 Mile Road when she collided with a Ford pickup truck at the Adelaide Road intersection. The truck, driven by a 19-year-old man, was reportedly headed south on Adelaide Road at the time of the event.

Officials reported that 13 Mile Road has stop signs at that particular intersection to control its traffic. Officials pronounced the woman dead following the crash. The man was transported to the hospital for treatment of accident-related injuries. Investigators are still investigating the cause of the accident, purportedly. However, authorities indicated that the professor may have failed to halt at the stop sign on 13 Mile Road.

When motorists fail to halt at a stop sign and consequently cause a crash, their actions may constitute civil negligence, as demonstrated in court by a lawyer representing the crash’s injured victims in a personal injury lawsuit. Proving civil negligence in connection with a car accident is less burdensome than proving criminal negligence since it requires only a preponderance of evidence to convince a civil court to hold the at-fault motorist liable. The death of the at-fault motorist does not necessarily prevent claimants from pursuing civil action. Claimants in a personal injury lawsuit may still seek to recover damages from the driver’s estate. People who suspect that they are the victims of an accident involving a negligent driver often benefit by speaking with a personal injury lawyer.

Source: AM980, “Crash North Of London Kills 58-Year-Old Woman”, Jess Brady, December 16, 2014

Understanding more about crash

On behalf of Rooz Law posted in Car Accidents on Wednesday, December 17, 2014.

Residents in Canada may benefit from the costs people pay for medical injuries caused by car accidents. In the event of a crash, the automobile insurer may be required to pay for non-professional health care services, including community support services and homemaking, personal support or attendant care services. Some of the activities related to daily living include assistance with preparing meals, housing cleaning, laundry and assistance with personal hygiene.

The Ministry of Health and Long-term Care may cover costs related to air ambulance, mental health facilities, hospital services and medical expenses. Professional in-home health services like nursing, social work, nutritional services, speech-language pathology, occupational therapy and nursing may be paid for as well. The people who need these services typically include the elderly, those with acquired brain or closed head injuries or those with serious physical injuries. The services are typically provided at a community setting, like a nursing home, at the accident victim’s home.

The ministry may require accident victims to exceed the maximum limits before officials consider funding the services. Some of the community support services that automobile insurers typically account for include transportation and meals, social recreational services, home maintenance, and repair and caregiver support. Accident victims are advised to be aware of which organization is responsible for paying for health care services in the event of an accident.

People injured in car accidents may benefit from contacting a lawyer about filing a personal injury claim against the person responsible for causing the crash. Plaintiffs in these cases may be entitled to receive restitution that can help account for medical expenses, repair costs, loss of income and other ensuing hardships. In order to receive compensation, plaintiff’s lawyers may need to prove that the defendant accused of causing the accident was culpable due to driver negligence.

Source: Ministry of Health and Long-Term Care, “Who Pays for Health Care: Injuries from Motor Vehicle Accidents”, December 16, 2014

Toronto woman killed in Highway 401 crash

On behalf of Rooz Law posted in Car Accidents on Wednesday, December 10, 2014.

The Ontario Provincial Police say that slick road conditions may have caused a collision involving two vehicles that claimed the life of a 38-year-old woman during the early morning hours of Dec. 3. The Toronto-area resident had been a passenger in an SUV driven by an 18-year-old Woodbridge woman. The car accident took place on Highway 401 in Leeds County at approximately 5 a.m.

According to an OPP representative, the teen lost control of her vehicle as it proceeded eastbound on Highway 401 in Elizabethtown-Kitley. The vehicle is said to have spun out of control, striking the back of a truck near Sharpe’s Lane. Emergency services personnel pronounced the passenger of the vehicle dead at the scene, and they transported the driver to an area hospital for treatment by ambulance. She is expected to recover from her injuries. The truck driver escaped the accident without injury.

Highway 401 was closed to both eastbound and westbound traffic after the accident as rescue and maintenance workers went about their duties. The weather caused a number of problems for drivers in the area, and OPP officers were also called to a collision involving multiple vehicles near North Augusta Road in Brockville.

Authorities in Ontario warn motorists every year about the dangers of winter driving. Many such collisions occur each year due to drivers failing to adapt to slippery road surfaces. Families who lose a loved one due to the negligent actions of others often face severe financial difficulties when a relied upon source of household income is lost. However, a personal injury lawyer could file a wrongful death lawsuit on their behalf. This litigation may seek compensation for dependent family member’s lost income and expenses such as burial costs.

Source: Ottawa Citizen, “One dead after car spins off Hwy 401 near Brockville, hits truck”, Vito Pilieci and Alison Mah, December 03, 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

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