Brampton car accident lawyer: What to Do If You Are Involved in a Car Accident

Posted on February 16, 2019 by singhadmin

Being involved in a motor-vehicle collision could be one of the most stressful experiences that anyone could go through. If you or a dear one has been injured, the situation becomes more complicated. Brampton car accident lawyers understand the trauma and confusion that accompany such incidents.

While most of assume that accidents are just that – accidents – in reality, they’re rarely accidental. A great majority of them are caused by someone’s fault or negligence. The injured persons and families suffer enormous physical, financial and emotional consequences that seriously impact their personal and professional lives. They are entitled to seek compensation for these injuries, which is usually paid out by insurance companies who cover such losses.

Typical Causes of Motor-Vehicle Collisions

The best of drivers can get into accidents and no matter how careful and conscientious about following rules you are, others may not be so. Car accidents usually happen due to:

Alcohol or drug impaired driving
Speeding
Distracted driving
Reckless behavior
Street racing
Aggressive driver, road rage
Failure to obey or notice traffic signals and signs
Poor weather conditions
Poor visibility
Night driving, sleepiness and fatigue
Improper turns, unsafe lane-changes and wrong-way driving
Tailgating
Aged or inexperienced driver
Unfamiliar roads
Badly-maintained or rural roads
Animal crossing
Construction site or debris falling from trucks
Vehicle defect or tire blowout

Keeping these aspects in mind, it’s possible that you were a victim of one of these driver errors. Whatever the reason, it results in a disruption and disturbance in your life. The reason why compensation should be sought and given is to restore your life (as much as possible) to what it was prior to the accident.

Steps To Take

There are several important aspects to be considered when you suffer injuries in a car accident. The first priority should be to get medical assistance if there are injuries. Following this, you need to protect your rights and entitlements so that you can get the compensation you deserve.

Achieving a successful settlement is a complex process that involves a number of medical, legal and insurance factors. Most of us believe that insurance companies that make the payout have our best interests at heart and will provide the due compensation once you make the claim. The fact is that insurance-carriers (including our own) are for-profit entities that need to keep their focus exclusively on their own business interests. That is why they may use various tactics to avoid payment, delay/dispute/deny/dismiss your claim citing various technical reasons.

An experienced, knowledgeable and compassionate Brampton personal injury lawyer can help you with your claim. However, there are some important steps to take as soon as the accident occurs.

Never leave the accident scene, even if the damage and injuries seem minor. You could face criminal prosecution.

Report the accident: Ontario has a Collision Reporting Center system where you can report accidents in which the total damage is less than $2000. Here, a police report is filed, along with collecting photographic evidence of the damage. If the damage is more than $2000 and/or you suspect evidence of a criminal offense (drunk driving etc.) you must inform the police.

Never get into discussions, arguments or confrontation with the at-fault driver.

Avoid on the spot, private settlement with the at-fault driver.

Instead, take a practical approach. Exchange information regarding make and model of vehicle, name, address and telephone numbers of drivers and passengers. Get details about insurance from the insurance papers and provide your own insurance details. Get the names, addresses and phone numbers of witnesses if any. Make a note of any CCTV cameras in the vicinity.

Prevent other mishaps by setting up warning signs, keeping your hazard lights on, etc.

Take steps to gather/protect the evidence. If you’re not injured, take photos of the scene, location and landmarks, with time and date stamps.

Make a note of what exactly happened and when the police arrive, ensure that you give a factual description. Avoid speculation, exaggeration, false statements, guessing, blame and assigning fault even to yourself. Ensure that statements given by the at-fault party are factual. If you find contradictions, make a note of these and give it to your lawyer.

If no injuries are apparent and you are asked whether you’re injured, it’s wiser to say that you’re unsure and that you need to consult a doctor before you can answer.

Inform your insurance company about the accident as soon as possible, because many policies have clauses that require immediate information.

However, remember that your insurance company is also required to pay out statutory accident benefits and they may not cooperate fully with you. That is why you need a Brampton personal injury lawyer to assist you.

Contact a Brampton car accident lawyer immediately.

Personal Injury Lawyer in Brampton: 5 Most Important Questions I need to ask a Brampton Personal Injury Lawyer

Posted on February 8, 2019 by singhadmin

I was injured in a slip and fall accident. Do I really need a lawyer to claim compensation?

Brampton slip and fall accident injury lawyer can understand that injured victims and their families have doubts and concerns about hiring a lawyer under these circumstances. Most people are reluctant to get involved in the legal process as they fear it is lengthy, uncertain and expensive. These fears are not unfounded, as trials and court procedures can be so. However, nearly 95% of compensation claims are settled outside the court through negotiations. Insurance companies that represent at-fault parties can afford to hire top lawyers and medical experts who can help to deny/dispute/dismiss your claim. Claims-adjusters bring their experience to bear on reducing or challenging your claim. Studies show that if you’re represented by a reputed lawyer, you’re three times more likely to get a better settlement. We also ensure that paperwork and procedures are filed/followed correctly and within time-limits, and also protect your rights. This enables you and your family to focus on your health and recovery.

Please give me some tips on what to do after a car accident.

Brampton car accident lawyers know that after a motor-vehicle accident, apart from the pain from injuries, people experience severe psychological stress and shock. However, this is a crucial period where the medical, legal and insurance issues are concerned. Stay calm and take the right steps. Never leave the accident scene. Stay in your vehicle and assess whether you or others in your vehicle have been injured and call for emergency medical services immediately. Call the police/traffic authorities if someone is injured. In Ontario, if there are no injuries and the damage totals to below $2000, you can report the accident to the nearest Collision Reporting Center. But reporting is essential. Get details of the traffic-authorities who arrive. Never confront the other driver, speculate, apologize or discuss. Exchange contact information and also details about the license, insurance etc. Notify your insurance-carrier and visit a doctor no matter how minor the injury. Contact an experienced personal injury lawyer without delay.

What are the most common reasons for slip and fall accidents?

Brampton slip and fall accident lawyers know from studies that slip and fall accidents in Canada account for nearly 41% of preventable and avoidable accidents. Brampton has faced a steadily increasing number of claims against the city, private home-owners, snow maintenance contractors etc every winter. However, these accidents can happen during any season. Common factors responsible include wet/slippery floors, uneven floors, poorly-designed/maintained stairs, liquid spills, loose/frayed/torn carpets and unanchored rugs, lack of warning-signs, hand-rails, poor lighting, unmarked elevation changes etc. Debris, clutter, and objects left in the path can cause people to trip and fall. Injuries from such accidents can range from minor cuts/sprains/bruises to serious and life-threatening injuries. Such accidents are usually caused by the negligence/fault of the premises owner or those in control of it. Consult a doctor immediately, no matter how minor your injuries. We can help you get the compensation you deserve from those responsible for the accident.

I was injured in an accident involving the Uber cab that I was riding in. Can I claim compensation?

Brampton car accident lawyers can give you the right advice and assistance if you or a dear one has been injured in a motor vehicle accident. Today, a large percentage of the population in many countries uses ride sharing options like Uber and Lyft because of their convenience and cost-effectiveness. There were many gray areas regarding ride-sharing insurance coverage in the initial stages when these options were launched. However, today, there is more clarity and your experienced personal injury lawyers can help you get the compensation you deserve. You are entitled to receive statutory benefits from your own insurance carrier and can also file a suit against the at-fault party. Coverage may be complicated if the driver was using multiple ride-sharing apps at the time of the accident. In general, the first insurer who gets the notice of claim is responsible for making a settlement payout and there may be shared liability too.

How much compensation will I get?

Brampton personal injury lawyers are often asked this question by clients. While it is difficult to give you an exact number, from our experience, we can predict a range within which your settlement may fall. This and other questions can be answered in the initial, free, no-obligation consultation that we offer. Our highly experienced team gets the opportunity to review all the details of your particular case and understand the nature and extent of your injuries and losses. Each case is unique, just like every client is. Once we understand the circumstances, we can provide a genuine assessment. This interaction also provides you with the opportunity to clear all your doubts and have your queries answered. A majority of claims are settled outside the court system, through negotiations. We help you put together a robust claim, backed by evidence, testimony, and documentation. We can provide you with a rough estimate and then we leave it to you to decide.

How To Treat Broken or Fractured Arm After Car Accidents

Posted on August 1, 2018 by singhadmin

Broken or fractured arm after a car accident is not only painful, it results in a time out from work and may need lengthy treatments including surgery. It prevents you from carrying out your normal routine, it’s also uncomfortable, restricts mobility and makes it difficult to feed, groom and toilet yourself.

Accidents are most often caused by someone else’s fault or negligence. You can file a personal injury claim for compensation against those who were responsible for your accident. Injured victims are also entitled to compensation under statutory benefits in Ontario regardless of fault.

Symptoms include pain, swelling, and obvious deformity, inability to move the arm and/or decreased sensation. It’s important to get immediate medical attention, as there could be nerve damage, ligament or tendon tears, soft tissue injury etc. In very severe compound fractures, pieces of the broken bone may pierce through the tissues, resulting in open wounds.

What is the treatment of fractures?

Treatments have to be carried out by a qualified physician or orthopedic specialist. In severe cases, where there are chances of nerve damage, severe lacerations or multiple fractures, hospitalization may be necessary. The arm must first be stabilized with a thick towel or cloth to prevent movement. An ice-bag helps to reduce swelling and pain for short periods. Split, full or partial cast will be put on by the treating doctor, and the arm must be put in a sling. Pain-management with painkillers like ibuprofen are usually prescribed.

Broken/fractured arm treatments can be quite long-drawn-out and expensive. Personal injury lawyers help you get the compensation you deserve.

Lawyer for car accident injury: Managing Social Media and Your Accident Claim

Posted on June 18, 2018 by singhadmin

Personal injury lawyers have to safeguard the rights and interests of their clients. That’s why we ensure that we keep abreast of new trends and technologies, social media being one of them.

Today, most Canadians have a presence on some social media platform or the other, often multiple ones. Facebook, Twitter, Instagram etc are popular not with only young people, but increasing numbers of seniors as well. Employers can cross-check and confirm resumes and job experience through candidates’ social media profiles and posts.

Social Media In Personal Injury Claims

Insurance companies and other parties engaged in litigation are a major user of these platforms. They use them as a surveillance or investigative tool.

For instance, if you have been involved in an accident and are claiming compensation for injuries but you post comments on social media telling your friends and family that you’re fine, no worries, etc, this can be used against you.

Clients may also post photos of themselves having a get-together with friends and family, outings, picnics etc while they have made a claim for pain and suffering.

Insurance claims-adjusters have their own investigative teams that browse through social media sites and zero in on apparent contradictions in claims. Slip-and-fall accident lawyers are well aware of this.

Investigative agencies use Google searches to verify your social and financial status, employment, the kind of home you live in, street-address, financial assets, health, social/educational/economic background etc.

An experienced Lawyer for car accident injury can advise and assist you to manage your social media presence till full settlement.

Hamilton Personal Injury Lawyers: Falls From An Elevation Can Be Disastrous!

Posted on November 17, 2017 by singhadmin

Falling from a height, however small, can result in various types of injuries, ranging from a minor bruise or sprain, to serious traumatic brain injury, spine and neck injuries, facial and dental damage, disability, fractures or even death.

Such falls are more common than we think. With so many scenic locations to visit around the country, it’s no wonder that Canada is a dream destination for tourists from around the world. Many of these accidents happen at or around locations of natural and scenic beauty, like waterfalls, ravines, mountain-trails etc. A number of them also take place at high-rise buildings, skyscrapers, towers, condominiums, apartment blocks, etc.

Work-places also present potential safety hazards. Construction sites are filled with areas that require people to work at different heights, on uneven terrain, etc.

Public places like parks have play-equipment, steps, different elevations for flower and plant display, while malls and shopping areas have large concentric floors built around a courtyard. Escalators and elevators are facilities where people can sustain falls from heights.

Added to the height, if the elevated location is also uneven, wet or greasy, this compounds the severity of the fall.

If you or a dear one has sustained injuries due to a slip and fall from an elevated location, it’s important to get immediate medical attention. Consult an experienced Hamilton personal injury lawyer without delay. You may be entitled to compensation.

Typical Injuries

Injuries due to falling from a height are caused by the body’s absorption of the severe impact. Paradoxically, not all such falls result in severe injuries. The nature and extent of injury depends on area of impact, height from which the person fell, landing ground, age, general health etc.

Common injuries sustained include:

Skeletal injuries to extremities and limbs
Spine and neck injuries, especially lumbar spine injuries
Traumatic brain injuries and head injuries (very common in children)
Thoracic injuries like rib fracture and lung contusion, cardiac rupture in very high falls
Internal organ damage
Severe facial and dental damage
Aggravation of pre-existing conditions
Disability, disfigurement
Death

If the person was atop a temporary structure, it can collapse on top of them when they fall, leading to even more severe trauma.

Seeking Compensation

Slip and fall injuries result in various types of injuries. Falling from a height is generally more traumatic than slipping and falling on level ground. Such accidents put a severe physical, financial and mental strain on the victims and their families.

Loss of income, wages or wage-earning capacity
Medical and rehabilitation expenditure
Pain and suffering

In the case of death, loss of guidance and companionship, lost income, funeral and hospitalization expenses etc can be claimed. For injured persons who suffer long-term or permanent disability, a life plan has to be made to ensure that they and their families retain some level of security and comfort in spite of the devastating injury.

Accidents are usually caused by someone’s fault or negligence. Slip and fall accidents may be the direct or indirect result of such a situation.

The fault is to be proven and liability established, in order to receive compensation and an experienced Hamilton personal injury lawyer can assist you with this.

Chatham-Kent Personal Injury Lawyers: Slip and Fall Caused By No Wet Floor Sign?

Posted on November 12, 2017 by singhadmin

When we slip and fall on a slippery or wet floor, the overwhelming emotion is embarrassment! The classic slipping-on-a-banana-peel fall is a slapstick comedy staple. However, for the person who slips and falls, it’s no laughing matter.

Slip and fall or trip and fall accidents can cause injuries ranging from minor cuts, bruises and sprains to serious and life-threatening long-term or permanent damage. There are also huge physical, financial and emotional consequences to such injuries that the entire family of the victim may also have to bear.

No Wet Floor Sign?

Slipping on wet floors can be extremely hazardous for anyone, but if the victim is elderly or is a pregnant woman, the results can be traumatic. Inside the home, family-members are generally familiar with the house-cleaning routines and may also warn each other about liquid spills. However, guests may not be so warned and they are at risk. In retail and public spaces, the management is entirely responsible for installing the requisite signs to warn people about wet floors.

Closing off entrances to areas that are being wet cleaned is a good idea, along with providing a sign that says “Cleaning In Progress” etc. Another option in areas like corridors or inside washrooms is to provide a bright and large sign that says “Caution Wet Floor.” In countries like Canada, it may be necessary to have multiple languages on such signs to ensure that they are properly understood.

According to Ontario’s Occupier’s Liability Act premises owners have to take a reasonable amount of care to ensure that all visitors to their property are kept safe. This means regular maintenance, inspection and vigilance. Putting in the right systems when cleaning or construction work takes place is also their responsibility.

Safe practices include:

Cleaning liquid spills immediately
Regular cleaning routine with the right products at a specified time
Ensuring that debris is cleared
Ensuring that cleaning products and tools are cleared immediately after use
Providing appropriately placed signs warning of the risk
Ensuring appropriate drainage in wet-cleaning areas
Checking on the effectiveness of guard-rails on mezzanines and balconies

There are strict time-frames for filing a personal injury compensation claim and if you miss the deadline, you could lose your right to sue. The accident must be reported immediately to someone in authority and an acknowledgment has to be taken from them.

Consult a doctor immediately if you or a dear one has sustained a slip and fall injuries. You may assume that you’re unhurt or that your injuries are minor. However, many minor injuries may turn out to be serious after a time-lapse. If you haven’t consulted a doctor immediately, it can be difficult to prove the connection between the accident and your injuries.

Unfortunately, most “accidents” are preventable and avoidable. They are caused by someone’s fault or negligence. The injured have a right to seek compensation from those responsible for the dangerous conditions that were created by such negligence.

An experienced Chatham-Kent personal injury lawyer can provide a swift and genuine appraisal of your claim and advise you on the merits of your claim.

Signs To Red Flag In Traumatic Brain Injury

Posted on July 22, 2017 by singhadmin

Brampton personal injury lawyers understand the importance of early diagnosis and intervention in the case of Traumatic Brain Injury (TBI) following an accident.

Brain injuries can range from mild to severe. They largely depend on the area of the brain affected and the extent of injury. One of the main concerns with diagnosis and treatment of TBI is that the symptoms don’t always manifest immediately.

Causes of TBI

TBI may be of the open or closed type, where the skull is damaged or not. These injuries may occur due to several reasons, including:

Direct blow to the head
Gunshot wounds
Violent shaking of head and neck
Severe whiplash
Sudden movement or momentum change
Motor-vehicle/bicycle/motor-cycle/pedestrian accidents
Slip and fall accidents
Fall from a height
Assault
Being ejected from a moving vehicle
Sports injuries
Explosives

Additionally, if a person has suffered TBI previously, another severe damage to the head can compound the symptoms, especially if the first injured was not completely healed or resolved.

Statistically, young adults in the age-group of 15-19, older people above 65 and males across all age groups are more likely to sustain TBI.

Here you can read about Bad Habits that Can Hurt Your Brain

Diagnosis

TBI is initially diagnosed by physical examination and clinical interview with the victim following the accident. It is confirmed by CT scans, MRI etc but some cases of mild TBI may not show in imaging. In these cases, keeping the history of the person in mind and syncing it with the behavioral, emotional and cognitive aspects.

A multi-disciplinary team of professionals is involved in the diagnosis, which includes speech/language pathologists, audiologists, physicians, psychiatrists, nurses, physiotherapists, vocational and occupational therapists, social workers, employers, educationists etc.

In the case of children, infants or babies, the parent or care-giver’s report is important. Our experienced Brampton personal injury lawyers can assist victims by ensuring that the right diagnosis is obtained.

Signs and Symptoms

It is important for friends, family-members, co-workers and anyone else who is in regular contact with an accident victim to be vigilant and alert for certain symptoms that could indicate TBI.

Depending on the severity, they include:

Cognitive deficits
Mood swings
Unexplained headaches
Confusion
Light-headedness
Dizzy spells
Blurred vision
Ringing in the ears
Excessive exhaustion
Drowsiness
Sleep disturbances
Bitter taste in the mouth
Light and sound sensitivity
Behavioral or personality changes
Inability to concentrate
Physical problems like loss of balance, nausea, swallowing difficulty
Thinking skills deficit: Processing information, problem solving, orientation, executive functioning, goal setting
Seizures
Speech disorders
Social-Emotional problems

The list could go on, based on the type of injury and the area of the brain that is affected.

Treatment

Prolonged hospitalization, surgery and extensive rehabilitation are required. It can be a short or long-term or lifetime requirement.

Speech and physical therapies are essential. Psychiatric evaluation, neuro-psychological assessment and frequent monitoring of the person’s condition are required. Prevention of secondary complications and restoration of available functions is begun.

In the case of long-term/permanent disability, assistive technology and therapies are required, along with medications. Life-long care, vocational and re-educational aspects are also essential. Our car accident lawyers work with the family to analyze the future care of the person.

Laws Must Protect Our Youth From Brain Injury

Posted on July 21, 2017 by singhadmin

Brampton personal injury lawyers are proud that Ontario became the first province in Canada to pass a legislation aimed at preventing concussions among young sports-persons and athletes. Known as Rowan’s Law, this important piece of legislation has huge implications for amateur sports leagues across Canada.

How It Happened

17 year-old Rowan Stringer was a talented young rugby player from Ottawa who tragically died on Mother’s Day, 2013, following multiple head concussions over a short period of time while she was playing. Known as second-impact syndrome, she suffered head trauma for the second time in a week, leading to her death.

Second-impact syndrome (SIS) occurs when the brain swells suddenly, swiftly and dangerously soon after a repeat impact that happens before the effects of the first one have healed. It can take place minutes, days or weeks following the earlier one. Sports-persons are specially vulnerable, since they return to the sport too early after the first impact.

SIS results in low distribution of energy and lesser blood flow within the brain. If managed properly and with proper rest, the effects of the first impact need not have serious consequences. However, when the subsequent impact occurs, the brain, being already vulnerable is unable to cope with the additional trauma. This results in fatality. At that time there were no protocols in place that could have prevented Rowan from returning to play after the first trauma unless she had a doctor’s certificate.

Rowan’s Law

A coroner’s inquest into Rowan Stringer’s death resulted in 49 recommendations for prevention of such fatalities. They include:

Awareness creation for athletes, sports-persons, parents, coaches and teachers about concussion injuries
Better concussion identifying tools for coaches and trainers
Concussion policies in place across Ontario school boards and sports bodies
Increased training and education for health-care professionals to identify and manage concussion

The law passed in June 2016 following the inquest findings has come to be known as Rowan’s Law. This was the first law that is specifically aimed at protecting children and youth. It ensures that all sports related associations and educational institutions put rules in place that mandate how concussion should be dealt with.

A variety of laws were put in place for Ontario school boards, rugby and sports clubs as well as ensuring a fee waiver for treatment of possibly concussed students, including during the recovery period.

Rowan’s father Gordon Stringer is among the many people who believe that her death was entirely preventable. “We need to have everything we can in place to prevent this from happening to another child,” he opined, “We don’t want anyone else to have to go through it.”

As of now, aside from Ontario, only Manitoba has proposed such legislation that would force sports bodies and associations to put protocols in place regarding return-to-play.

Apart from fatalities, concussion can also have other effects on the injured person. A study conducted in 2014 revealed that Ontario teens who suffered head trauma are more likely to lead troubled lives, with suicide, criminal behavior, aggression and bullying being some of the features.

Our 24×7 injury lawyers can advise you in such cases, help you with recovery and get possible compensation.

Head Injuries Sustained By Cycling Accident Victims: Whose Liability?

Posted on July 20, 2017 by singhadmin

Brampton personal injury lawyers know from experience that cycling accidents usually take a heavy toll on cyclists. On June 12, 2017, a 17-year old girl suffered serious injuries when she lost control of her bicycle and crashed the bike. She was part of a group of teenagers who were riding downhill at Chinguacousy Park in Brampton at night. The youngsters were riding on a trail located at the back of a popular ski hill. The victim was rushed to emergency care trauma center where her condition remains life-threatening.

Regional Police Constable Robert Fischer opined that although cycling is a great sport, he would like to remind everyone that they should ensure that they have the proper safety items with them, including a bicycle helmet, even when they’re off the road.

Cyclists are perhaps the most vulnerable of road users. They are nearly ten times as likely to suffer fatal injuries following an accident as compared to occupants of motor vehicles. In many cases, the victim was a person in the prime of life, in perfect physical and mental health, passionate about the outdoors and sports. Often, they may have just been out for a leisurely ride to relax after a hard day’s work at the office.

What Causes Cycling Accidents?

Hundreds of people in Ontario visit ERs in cycling related accidents and injuries and it is the opinion of health-care professionals that each one of these could have potentially been fatal. They also feel that while these accidents could not have been predicted, they were certainly preventable. As a result of the perceived dangers of cycling, civic authorities fear that people are less likely to cycle and more likely to discourage loved ones from cycling too.

Statistics show an alarming rise in cycling accidents. The reasons are not hard to find.

Distraction
Fatigue
Poor visibility
No helmet
Stunt riding
Alcohol/Drug Impairment
Carrying heavy loads
Failure to yield
Ignored warning signs
Ignored traffic lights
Traveling in wrong lane/against traffic
Emerging from behind parked vehicles
Unsafe lane changing

Who’s Liable?

Unlike motor-vehicle drivers, cyclists aren’t required to carry insurance. Under Ontario laws, both motorists and cyclists are covered by the Statutory Accident Benefits Scheme (SABS) regardless of fault. A brampton car accident lawyer can help you with the claims process.

Cycling is a billion dollar industry in Canada. More than 65% of Toronto residents own at least one bicycle, as it is an extremely bicycle-friendly city. The Occupier’s Liability Act (OLA) governs municipal liability for accidents occurring on locations other than highways or roadways and the municipality has a duty of care to ensure that the premises remain in a state of reasonable safety.

However, the duty of care is restricted when it comes to recreational trails. If the cyclist had exercised due safety on such trails, or not acted recklessly, the OLA can be invoked only partially, based on the circumstances.

Our 24 hour injury lawyers can assess your case and provide you with a genuine, swift and comprehensive evaluation.

Animal Related Motor-Vehicle Accidents: Safe Driving Tips

Posted on July 14, 2017 by singhadmin

Brampton personal injury lawyers know from experience that collisions between animals and motor-vehicles pose unique road safety challenges. One of the issues that prevents us from gaining a real understanding of the magnitude of the problem is the fact that reliable data is not available in this sector. Transport Canada sources confirm that the available data captures only about 50% of animal/motor-vehicle collisions. A 2003 report entitled Collisions Involving Large Animals and Motor-vehicles in Canada confirms that in 95% of animal-vehicle collisions result in property damage which is often less than $1000, and this could be one of the reasons for under-reporting

Pedestrians and bicyclists are aware of road rules and safety issues but animals obviously are not. They tend to appear suddenly in one’s path and also behave unpredictably on the roads, especially if they are startled or frightened by the sight and sound of a vehicle. As our road networks expand and penetrate into the habitat of wildlife, it’s only to be expected that there could be an increase in man-animal conflicts.

Statistics show that there are 4 to 8 large animal collisions every hour in Canada. Data for 2014 reveals that there were 11, 466 animal vehicle collisions in Ontario according to the Ontario Provincial Police.

Drivers need to remain vigilant not just for wild animals while driving through forest tracts, but also for domestic animals like cows and sheep while passing through agricultural and rural areas, and for pets and smaller creatures while passing through more urban locations. Apart from collisions, many drivers being nature-lovers may tend to stop unexpectedly on the highway to watch, photograph, avoid or tend to animals, leading to unsafe conditions for other road users.

Reduce Your Risks

Drivers need information and awareness about how to react in case they encounter an animal on the road.

Obey The Signs: Watch out for Wildlife Warning signs. They are distinctive, yellow diamond shaped signs that warn drivers that there is a risk of encountering an animal there. Though there may not be any speed reduction warning alongside, it’s only common-sense to drive slower in such sections.

Slow Down: Speed prevents drivers from exercising other options like stopping in time, swerving, honking, flashing lights at the animal, etc. It’s important to keep your speed at reasonable levels in areas which you know to be risk-prone.

Practice Defensive Driving: Pay attention to both sides of the road and expect the unexpected.

Time-related: Dusk and dawn are particularly risky times, when animals are more active. Animals like moose are difficult to spot in low light, because of their dark coats.

Strategic Moves: Gut instinct invariably leads drivers to swerve when they spot an animal suddenly, but this could pose a bigger risk. You may also hit other vehicles. For smaller animals like deer, braking is a better option, while swerving is certainly the best way to avoid hitting a large animal like a moose. For very small animals, it may be unfortunate, but it’s wiser to make a choice of hitting it if there are other vehicles on the road.

Stay Focused: If you have hit an animal, call the RCMP or park wardens in National Parks. Never try to attend to wounded animals as they can be dangerous.

Contact the nearest personal injury lawyer in Brampton if you or a dear one has been in an animal-related collision. You may be entitled to compensation.

Pedestrian Head Injuries: Who Is Liable?

Posted on July 19, 2017 by singhadmin

A 40 year old male pedestrian suffered suffered serious head injuries after being struck by a delivery truck at the Dundas St and Beverley St intersection on May 3, 2017. Paramedics who rushed to the scene were responding to a 7:15 am emergency call and the injured victim was rushed to the ER. Toronto police have issued an advisory that the intersection will be closed for reconstruction of the accident and investigation into the accident will continue. The truck’s dash-cam footage will also be examined as part of the investigation.

Such incidents bring into sharp focus the fact that pedestrian accidents are on the increase. In Toronto, they have spiked by nearly 15% over the last year, and Toronto police opine that nearly 50-60% of all motor-vehicle fatalities involve pedestrians.

This was one of the reasons that the Making Ontario’s Roads Safer Act was passed swiftly in 2016.

What Causes Pedestrian Accidents?

Accidents involving pedestrians are quite common. It’s a sad but true fact that many pedestrian accidents never get reported, especially when the pedestrian suffers minor injuries. Most pedestrian accidents are caused by driver error, fault or negligence.

Among the main causes of pedestrian accidents are:

Driver distraction due to electronic devices
Drug/alcohol impaired driving
Driver unfamiliar with road
Aggressive driving/Road rage
Arterial roads/Highways/Busy Urban Centers
Failure to yield
Disobeying traffic signals
Speeding
Improper lane use by bicyclists
Unmarked crosswalks
Unsafe turns at intersections
No warning while backing up or making U-turn
Quieter cars
Pedestrian inattentiveness: Texting, reading, window-shopping, listening to music, etc
Pedestrian wearing dark clothes at dusk/dawn
Poor lighting/visibility/weather-conditions
Pedestrian ignoring Don’t Walk sign
Pedestrian crossing road at intersection

Who is Liable?

Pedestrian safety is a good marker for a city’s overall safety parameters. These accidents are not inevitable. Most of them are preventable and avoidable. Motor-vehicle drivers have the added responsibility of ensuring that they drive safely, within prescribed speed limits and that they obey all signs and signals. They also need to make necessary adjustments for weather conditions like rain, snow, slush etc that could cause pedestrians to step off curbs or cross the road unexpectedly or at unmarked places.

Looking at the above causative factors, it’s obvious that most of the errors are committed by drivers, but a few of them could also be errors on the part of pedestrians. Hence in some cases, there may be an element of shared responsibility. Pedestrians are expected to obey traffic rules and signs, avoid jaywalking, remain alert and avoid distractions like texting, music etc. If possible, they should wear bright or reflective clothing especially at night.

Every province has its own set of traffic rules and most of them are in favor of the pedestrian’s right of way. They are most vulnerable and can suffer serious injuries in a collision, hence motor-vehicle drivers are expected to remain alert and cautious.

An experienced car accident lawyer can help you with the right advice, assistance and advocacy.

Putting Insurers On Notice: Saadati vs Moorhead: Evidence of Recognized Psychiatric Injury Not A Precondition to Recovery

Posted on July 13, 2017 by singhadmin

Brampton personal injury lawyers have taken note of a landmark judgment on June 2, 2017, where the Supreme Court of Canada released a unanimous decision that filled a much-felt void in tort law. The court stated that proof of a psychiatric injury is not required to be furnished as a precondition to the award of damages for mental injuries that were caused by negligence.

Previously, it was common for courts to dismiss mental or emotional injury claims caused by negligence if the claimant was unable to demonstrate valid proof of a recognized psychiatric injury. However, this judgment now clearly shows the way. The court ruled that to establish a mental injury caused by negligence, the claimant has to show evidence for a “serious and prolonged disturbance that can be distinguished from normal annoyances, anxieties and fears.”

Saadati vs Moorhead

The case was heard in the Supreme Court after various trials at the Supreme Court of British Columbia (BC) and the BC Court of Appeal.

Mohsen Saadati (Appellant), Grant Iain Moorhead, Able Leasing Ltd and one other (Respondents) and the Insurance Bureau of Canada (Intervener) were the parties.

In the years 2003-9, Saadati was involved in five separate motor-vehicle accidents and suffered injuries. He was declared mentally incompetent in 2010 and has been represented by his litigation guardian. He had experienced chronic pain since the first accident which became aggravated after the third one.

Saadti sued the other parties in negligence, seeking damages for non-pecuniary losses and past income loss that arose from the second accident. Respondent admitted liability for the accident but rejected the claim for damages.

Since Saadati was unable to testify at trial, the trial judge found that the testimony of his friends and relatives was sufficient proof of psychological injury and awarded non-pecuniary damages of $100,000. The claim for physical injury was rejected and the judge did not find that the evidence of his expert psychologist to be enough to establish psychological injury. The BC court of appeal overturned this decision. This decision was later reversed by the Supreme Court of Canada.

Criteria for Recovery in Cases of Mental Injury in Negligence

The Supreme Court judge ruled that there are five cumulative criteria which determine the proof of existence of mental injury in negligence:

Duty of care
Breach of duty
Damage
Legal Causal relationship
Factual Causal relationship

There is no requirement to prove that a specific, recognizable injury was sustained by the claimant. To establish mental injury, the presence of serious and prolonged disturbances, beyond ordinary annoyances, anxieties and fears is enough. The important factors are symptoms and their effect and not the diagnosis. Proof that the defendant could have foreseen the injury and not the recognizable psychiatric illness is sufficient, ruled the court.

Implications for Accident Victims

In the light of this judgment, Toronto car accident lawyer and Toronto slip and fall injury lawyer can advise you suitably, if you or a dear one has suffered mental injuries in an accident.

This decision will certainly have a huge impact on future cases, since it puts mental and physical injuries on equal footing. Claimants who have sustained mental injuries no longer have to get a diagnosis of a specific injury and can instead demonstrate serious and prolonged disturbances in support of their claim.

Accidents Aren’t Always Accidental: Ontario Provincial Police Reports

Posted on June 27, 2017 by singhadmin

Brampton personal injury lawyers are aware that most motor-vehicle mishaps that are termed “accidents” are rarely accidental. Instead, they can be traced down to someone’s fault or negligence, deliberate flouting of safety norms, behavior, habits, etc.

Unfortunately, these events result in tragic physical, financial and emotional consequences for the injured victims and their families. The impact of the accident can change the entire course of someone’s life. Death and disability impose a permanent and irrevocable burden on all those close to the victim.

Studies are regularly conducted on the causes of such accidents and the Ontario Provincial Police (OPP) release data that pinpoint some of the causes of accidents.

The Top 4 or Big 4 causes of motor-vehicle accidents are:

Distractions
Speeding
Not Wearing Seat-belt
Impaired driving

These factors play an important part in causing crashes and they also affect the kind of injuries suffered by drivers and passengers when a collision happens.

The behavior of drivers and passengers is another equally important criterion. Common mistakes that cause serious collisions have been analyzed by traffic and accident experts. These include:

Negligence while turning
Wrong use of seat-belt
Unrestrained pets
Not maintaining lane discipline
Improper maintenance of vehicle
Driving when drowsy, fatigued or under the influence of alcohol/prescription drugs etc

and many more simple acts of carelessness or deliberate flouting of safety rules.

There are many organizations across Ontario that help to create awareness about driving and road safety.

Often, the causes of car crashes is put down to speeding. However, speeding is not the only factor. Many pedestrians are killed even in low speed limit zones. This could be because of other aspects like poor visibility, non-functioning crosswalk signals, careless and reckless driving in school-zones, taking sudden U-turns where they’re not permitted etc.

Another reason could be the huge rise in the population of cities like Toronto. The population has doubled in the GTA over the last thirty years, causing an enormous burden on the city’s infrastructure and transportation systems. Mixed traffic on city streets includes pedestrians, cyclists, public and private transportation. Lower speed limits may not solve the problem unless all those who share the road behave with due responsibility and diligence.

Senior citizens and children are among the most vulnerable of pedestrians and they’re also the ones who suffer serious injuries in motor-vehicle collisions. Pedestrians, walkers, runners and joggers are also at risk if they don’t wear reflective clothing and stay alert when they’re out on the street.

A ten year long study conducted by OPP shows that most of the fatalities that took place over the last decade on Ontario roads could have been prevented. However, as many observers and traffic experts have pointed out, studies like this fail to show that there are an equal or higher number of accidents that cause serious and life-altering injuries which put an even larger burden on the state and on the families of the victims.

If you or a dear one has suffered injuries in a motor-vehicle collision, contact an experienced car accident lawyer. We can evaluate the circumstances of your case and apprise you on its merits. You could be entitled to compensation.

Dangerous Rollover Accidents: Why They Happen

Posted on June 23, 2017 by singhadmin

Brampton personal injury lawyers know from experience that although “rollover” accidents account for only 3% of crashes, they’re responsible for the worst kind of injuries and fatalities. Studies show that 30% of fatalities in motor-vehicle collisions are those that are caused due to rollover accidents. Apart from death, these accidents can cause catastrophic injuries, permanent disability and disfigurement, amputation and many other life-altering conditions.

Tragically, most of these accidents are preventable. They’re caused by someone’s fault or negligence.

If you or a dear one has been injured in a rollover accident, contact a car accident lawyer with specific experience in dealing with such accidents. You may be entitled to compensation.

What Is A Rollover Accident?

These accidents are caused when a vehicle falls over on its side or roof. They are complex collisions and there may be several factors responsible for their occurrence.

Taller and heavier vehicles like SUVs and trucks are more likely to roll over or turn turtle in a collision because of their higher center of gravity. This makes the vehicle less stable. When the vehicle rolls over, passengers and driver are at high risk for head injuries, because the roof collapses inwards. Additionally, since people are belted into their seats, they are unable to move. The doors and windows may jam or get blocked making it impossible for people to exit. Though there are new roof rules for passenger vehicles and SUVs, they still may not be enough to contain the potential damage caused by rollover accidents.

Driving an SUV calls for superior driving skills but not all car drivers understand this. It also requires the driver to be more alert and sensitive to the vehicle’s turning and handling capacity at high speed. There are complex rules of Newtonian physics involved in such crashes. Most rollover accidents are lateral rollovers. Modern features like anti-lock brakes can aggravate the problem.

Typical causes for rollover accidents include speeding, driving under the influence of alcohol or drugs, unfamiliar rural roads, distraction, taking turns recklessly, talking on the cellphone or texting etc. Studies show that nearly 85% of rollover accidents are single vehicle crashes and hence it’s possible to conclude that driver error plays a significant part. A typical example is the collision that occurred on May 17, 2017 on the Springfield Lexington highway.

If you or a dear one has been injured in a rollover accident, our experienced 24×7 injury lawyers can help collate a robust body of evidence with the help of car crash specialists. Accident reconstruction experts can conduct independent investigations into the true causes of the accident and fix the liability.

All injured victims in Ontario are entitled to statutory benefits regardless of fault, but they’re also entitled to file a personal injury suit against the at-fault driver. These accidents can cause huge physical, financial and emotional trauma to not just the victim but also to the entire family. Our Brampton car accident lawyers can ensure that your rights are safeguarded while we help you with getting the compensation you deserve.

Child Passenger Safety: Some Useful Tips

Posted on June 25, 2017 by singhadmin

Brampton personal injury lawyers often deal with cases where young children have been seriously injured in car accidents. There’s no kidding around child passenger safety – children and senior citizens are among the most vulnerable of passengers in vehicular collisions. They often suffer serious/fatal injuries that can permanently alter their lives and those of their family-members.

Although motor-vehicles are thoroughly tested before they are sold, a majority of accidents occur because of driver-error. Distraction, speeding, driving under the influence of alcohol/drugs, reckless driving, road rage, weather conditions, inexperienced drivers, unfamiliar roads and the use of cellphones/texting are some of the leading causes of motor-vehicle collisions. They result in horrible tragedies like the one that occurred in Innisfil, Ontario.

Studies show that motor vehicle collisions are the leading cause of fatalities among children in Canada. Although all the ten Canadian provinces have stringent rules regarding child-safety seats, a large number of serious injuries/fatalities occur because of non-compliance with these rules. Misuse or non-use of child-safety seats, seatbelts etc are among the common causes of injuries. Ontario laws hold the driver of the vehicle responsible for making sure that a child-passenger below age 16 is properly secured according to their age, weight and size.

The Canadian Public Health Association clearly outlines the proper use of safety devices. The use of appropriate passenger restraints can reduce the risk of injuries in case of a collision. There are different types of restraints and safety devices for children based on their age, size and weight.

Rear-facing seats: for children below age 1 and 22 lbs
Forward-facing seats: for children ages 4-5, weighing up to 40 lbs
Booster seats: for children up to age 9, weighing up to 80lbs and height up to 145 cm.
Seat belts for all others.
Children should ride in the back seat till they’re 14.
Hard, loose toys should not be kept inside the vehicle.
Child-seats have expiry-dates. Never use, buy or donate a seat past its expiry date, marked at the back of the seat.
Ensure that you change the child-seat if your car has been in a collision, even if the child was not in the car at the time or the seat seems undamaged.

Moving children too early or too late to their age-appropriate category makes child-passenger-seats unsafe. If the child is too small for a seat-belt, but the parents strap him/her in without considering that a booster-seat may be more appropriate, this can result in serious injuries. Severe injuries to spinal cord and internal organs can result, causing what crash specialists call “seat belt syndrome .”

Never leave a child unattended in or around a car. Leaving a sleeping toddler inside a locked car even for a few minutes can be fatal. Drivers should never leave the keys in the ignition even for a second when there is an unattended child inside the car.

Organizations like the Child Passenger Safety Association of Canada

conduct regular courses for all those interested in reducing and finally eliminating the causes of fatal collisions and risks to child-passenger safety.

Contact an experienced car accident lawyer if you have been involved in an accident that has caused injuries to your children. You may be entitled to compensation.

Stay Safe While Running: Sharing The Road

Posted on June 19, 2017 by singhadmin

Brampton personal injury lawyers know from experience that with summer weather approaching, more and more people are out on the roads. Many of these include runners and whether they’re in it for the sheer pleasure of enjoying the warm weather sport, or they’re prepping for a big event or marathon, runners remain vulnerable on our roads.

Getting fit and not getting hit is a huge priority for runners. Running early in the morning, at dusk or late at night put runners at risk of being hit by motor-vehicles. Drivers have a responsibility to ensure the safety of all those whom they share the road with, but accidents can and do happen.

Most of these mishaps are preventable and they’re caused by someone’s fault or negligence. If you or a dear one has been hit by a vehicle while you were out running, contact a car accident lawyer with experience in handling similar cases. You may be entitled to compensation.

Runners have the same rights and responsibilities as pedestrians. They’re just as vulnerable on the street but they also need to follow traffic rules and ensure that they don’t indulge in risky behavior.

Cities like Toronto have more than 600 km of trails and a vast park system that covers nearly 13% of the urban land area. However, this doesn’t prevent runners and joggers from using busy urban areas and streets. Ownership of the pavements and maintaining proper running etiquette are some of the concerns that all road users have regarding joggers and runners.

Runners and joggers are completely exposed to impact forces when collisions happen. Staying safe is a huge priority for them, because an accident can impose enormous physical, financial and emotional burdens on them and their families. Runners have to ensure that they use the roads and pavements safely and responsibly.

Tips for Safe Running:

Be visible: Wear bright, reflective clothing and shoes especially if you enjoy early morning or late evening runs.

Against Traffic: It’s wiser to run opposite to oncoming traffic. This way you can avoid being hit from behind and also gauge what’s coming at you.

Stay On The Shoulder: Keeping to the shoulder and designated areas for pedestrians ensures that you don’t come in the way of motor-vehicles.

Know The Area: Running on unexplored trails is great but a familiar route is much safer.

Pride Goes Before A Fall: Swallow your ego and give way to traffic even if you have right of way.

Valuables/Jewelry: Remember you’re under observation. Muggers may attack you just for the stuff you’re carrying.

Let People Know: your route and timings. Stay in touch with friends and family so they are alerted immediately in case of mishaps.

Stalking: Sexual predators are an ever-present risk. If you feel you’re being followed, calmly jog into a public place or residence and call the police.

Carry bus-change or cab-fare: You may sprain an ankle/tear a ligament.

Check your laces.

Avoid distractions like cell-phones/music/radio/texting.

Running in groups is great but you need to respect pavement etiquette.

What Every Cyclist Should Know: A Legal Overview

Posted on June 17, 2017 by singhadmin

Brampton personal injury lawyers understand that with winter blues becoming a thing of the past, more and more people are taking out their bicycles. Ontario’s major cities are among the most cycling-friendly cities in the world. Toronto alone accounts for a daily downtown count of at least 19,000 cyclists who use the roads between 7 am and 7pm. This activity allows people to enjoy the exercise and be a part of the eco-friendly movement while traveling around town for work, sport or entertainment. However, cyclists remain among the most vulnerable of road-users along with pedestrians and motor-cyclists.

A recent report released by Ontario’s Chief Coroner reveals alarming statistics. One of the findings states in unequivocal terms that 100% cycling fatalities were preventable. To quote from the study, “…..this hypothesis held true in each and every death we reviewed.”

Cycling accidents like most other types are avoidable. A majority of them are caused by someone’s fault or negligence. Cyclists themselves may be partly responsible for collisions, but it’s also the duty of motor-vehicle drivers to ensure that they drive responsibly and stay alert. If you or a dear one has been injured in a bicycle/motor-vehicle collision, consult an experienced car accident lawyer without delay. You may be entitled to compensation.

Know Your Rights

The Ontario Ministry of Transportation rules clearly specify that cyclists should know highway and traffic regulations before they take to the roads. They don’t require license-plates, registration, vehicle insurance or driver’s license. There’s no age limit to riding. They cannot carry passengers if their vehicle is meant only for a single rider. Cyclists are considered to be road-users like all others who share the road. They are subject to the same traffic laws, and have the same rights/responsibilities as other road-users.

Since January 1, 2017, several new guidelines have been in force regarding laws that cyclists must obey. Some of these laws concern motor-vehicle drivers too, such as the One Meter Passing law, Dooring, use of intermittent flashing-lights by cyclists, increasing fines for non-compliance in use of reflective clothing etc, and the wearing of helmets.

Cyclists must ride far from the curb to stay clear of sewer-grates, debris, parked-car doors etc. They’re also allowed to occupy any part of the lane if their safety warrants it.

As more awareness is being created and cyclists are now a familiar sight on our roads, it important to take stock of how general traffic rules can be made more convenient to accommodate them. Advocacy groups like Cycle Toronto recommend that the provincial laws be changed to allow bikers to follow the Idaho stop rules which treat stop signs as yield signs and red lights as stop signs. Cycles are vehicles governed by the laws of momentum and such cycle-friendly regulations can go a long way in reducing collisions and clearing misunderstandings about cyclist behavior and driving styles.

Injuries sustained in cycling accidents can have serious physical, financial and emotional consequences on not just the injured victim but also on the entire family.

Our 24×7 injury lawyers can help to protect your rights and ensure that you get the compensation you deserve.

Changes in Ontario Insurance Act: How Insurance Dispute Lawyers Can Assist

Posted on June 7, 2017 by singhadmin

Accidents happen without warning. All it takes is a split second for a disaster to happen, but its effects can last for a life-time. A serious accident related injury impacts not just the injured person, but often the entire family and support system.

Such devastating events impose huge physical, financial and emotional burdens on all those connected with it. The recovery process could be extremely long-drawn-out, painful, frustrating and expensive. There could be a need for a dedicated caregiver, costly and complicated treatments and medication, lengthy rehabilitation procedures etc.

Emotionally, victims and those dear to them are thrown into a psychological maelstrom. Confusion, anxiety, fear, grief and panic attacks, post-traumatic stress syndrome, sleep disturbances, breakdown of relationships, depression, suicidal thoughts, addiction to alcohol or drugs etc are some of the hazards that patients and families have to face.

The economic aspect can be hugely traumatic too. If the injured person was the sole income-earner or contributed significantly to the family income, being unable to work for extended periods can result in income-loss. If there are permanent disabilities, this means there is a loss of earning-capacity. Treatment, home-maintenance, living expenses, debts etc can all pile up and create devastating consequences.

Accidents are usually preventable and avoidable. Most of them are caused by someone else’s fault or negligence.

Meeting Expenses

Most injured victims and families trust their insurer to compensate them for their injuries, based on the type of coverage they’ve purchased. Additionally, all injured victims of motor-vehicle accidents in Ontario are entitled to statutory benefits (SABS) regardless of fault, from their own insurers.

However, injured victims may face several issues and challenges in collecting settlement from insurance-companies. They may dispute the claims on technical grounds, deny or dismiss the nature/extent of defendant liability or minimize your injuries. They may also adopt various strategies to compel victims to accept swift and meager settlements.

Dispute Resolution

At present, disputes between clients and insurers are regulated by the Financial Services Commission of Ontario (FSCO) but if no resolution is reached, there are other avenues available to plaintiffs. Arbitration and a personal injury trial are some options.

Changes To Act

In 2015, sweeping changes to the Insurance Act were made. Insurance dispute lawyers are concerned about:

Disputes under SABS now under the jurisdiction of the License Appellate Tribunal instead of under FSCO, effective April 1, 2016.

Catastrophic and non-catastrophic funding was slashed.

Revisions to definition of “catastrophic.”

Mediation fee introduced.

Parties are encouraged to settle dispute.

LAT not bound by FSCO case-laws and precedents.

LAT adjudicators may not have specialization in accident benefits legislation.

Ambiguity on statute of limitations period under LAT.

How We Can Assist

It’s difficult to challenge the rulings of insurance companies and government agencies without specialized knowledge and training. An experienced personal injury lawyer who regularly handles such cases can help you get the settlement that you are contractually entitled to.

In many cases, permanent disabilities require a Life Plan to be presented. We work with a multi-disciplinary team to ensure that a robust claim is presented during all communications/arbitration with the at-fault party.

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