Tag: damages

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

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