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

Distracted driving in Toronto

On behalf of Rooz Law posted in Car Accidents on Wednesday, January 14, 2015.

Distracted driving has become a serious problem for Toronto motorists. When a motorist becomes distracted, they are at greater risk for becoming involved in a car crash. Cell phones and texting have been found to be a significant source of distraction, especially for younger or less experienced drivers.

A driver is considered to be distracted when they voluntarily divert their attention away from the road in front of them and by focusing on another activity that is not associated with driving. While the focus regarding distracted driving was initially on cell phones, the number of activities that are considered to be distracting have grown. Some of these distractions can include radios and other entertainment systems, navigation systems and multifunction controllers. Additionally, other passengers can also be a distraction to drivers.

In response to numerous reports demonstrating that texting via cell phone is dangerous while operating a vehicle, some drivers have turned to hands-free texting devices. In a 2011 study, however, it could not be concluded that hands-free devices were less risky to use while driving than traditional cell phones. However, a 2013 study demonstrated that hands-free devices were no safer than traditional texting methods as drivers often become distracted by the conversation they may be having.

There are Toronto motorists who take safe driving very seriously. However, car accidents can still occur if other drivers decide to text and drive. If someone suffers serious injuries that were caused by a distracted driver, the injured person could potentially file a personal injury lawsuit against the liable driver. A lawyer may assist the plaintiff with determining the full extent of the damages that were sustained, including their total medical costs, any income that was lost due to their injuries and compensation for pain and suffering.

Source: Traffic Injury Research Foundation, “Driver distraction and hands-free texting while driving ,” Daniel Mayhew, Robyn Robertson, Steve Brown and Ward Vanlaar, accessed Jan. 10, 2015

11-year-old girl is dead following 2-car collision

On behalf of Rooz Law posted in Car Accidents on Wednesday, January 7, 2015.

Ontario Provincial Police continue to investigate a head-on collision in Norwich Township that claimed the life of an 11-year-old girl on Jan. 3. Following the crash, reports indicate that the child was rushed to hospital where she later succumbed to her injuries. Six additional people were also hurt in the fatal two-car accident, and they were transported to hospital by ambulance and treated for non-life-threatening injuries.

The incident occurred on Norwich Road between County Road 13 and Middleton Line. The OPP responded to the call at approximately 4:40 p.m., and the road remained closed for more than four hours while police and emergency crews worked the scene. At press time, the OPP Technical Traffic Investigation Team is assisting authorities with the ongoing investigation.

Few additional details about the fatal crash are available. Investigators say that the driver of a car traveling westbound on Norwich Road lost control of the vehicle, entered the eastbound lane of the roadway and collided with an oncoming SUV. The minor child who was killed in the wreck was a passenger in the SUV.

When family members die in car accidents due to the negligence of other parties, no amount of money can ever change the tragic chain of events or replace the lives that were lost. However, individuals who seek financial compensation for their losses through wrongful death claims may be able to find some degree of closure in requiring at-fault parties to be held responsible for their choices.

Because insurance companies may represent their own clients’ best interests when negotiating a settlement, individuals who have suffered a catastrophic loss may find it beneficial to seek help from a lawyer in pursuing a claim. The lawyer could assess the full extent of the loss, prepare the paperwork and represent a claimant in court if insurers are unwilling to agree to a fair settlement.

Source: AM980, “OPP Investigating Fatal Crash in Norwich Township”, January 04, 2015