Brampton personal injury lawyers emphasize the importance of reviewing one’s auto insurance benefits regularly from time to time. Auto insurance benefits have undergone significant changes that have come into effect from 1 June 2016 and unless there is more awareness in the general public about them, it could give rise to difficult situations when mishaps occur. Unfortunately, catastrophic injuries are often life-threatening and always life-altering. They lead to enormous physical, financial and emotional consequences for the victim and their family.

The changes in insurance policy are intended to provide a wider choice regarding coverage and price. The most significant aspect of these changes is focused on medical and rehabilitation policies and coverage for these.

However, not all in the legal community have regarded these changes as entirely beneficial to victims who have been seriously or catastrophically injured in automobile accidents.

If a dear one has been catastrophically injured in a motor-vehicle accident, an eligible and close relative must contact the nearest personal injury lawyer in Brampton immediately. We can assist and advise you through the entire process of seeking compensation.

Changes In Policy

Policies renewed or purchased on or after 1 June 2016 are different from the earlier ones in terms of:

• More choice in price and coverage
• Changes in Statutory Accident Benefits available regardless of fault
• Maximum payable for some benefits reduced
• Some options for increased coverage eliminated/changed

Where catastrophic injuries (brain trauma, amputation, loss of vision, mental impairment) occur, the earlier benefit of $1 million for medical/rehabilitation benefits and the $1 million for care-giver/attendant have been reduced to a combined $1 million for both. This means the limit has now been slashed to half the earlier one.

In the case of non-catastrophic injuries, the earlier limit of $500,000 for medical/rehabilitation and $36,000 for attendant/care-giver has been reduced to a combined limit of $65,000 for both categories together.

Changes have also been made to the definition of “catastrophic injury”  and this is slated to reduce the number of injuries that can be so classified. Consequently, the number of victims who qualify for such benefits will be proportionately reduced.

Attendant care/Medical/Rehabilitation coverage duration has been reduced from the earlier 10 years to a new limit of 5 years.

Duration of benefits for non-working victims has also been reduced. Previously, non-earner benefits were available starting six months following the date of the accident and continued for life. The new changes mandate that such benefits will be available only if the victim is unable to lead a normal life. The benefits will now be set at $185 per week for a maximum of two years.

Though premium rates may go down as a result of these changes,concurrently, the benefits are also slated to be significantly reduced.

If you’ve renewed your existing policy before 1 June 2016, these changes will affect you the next time your policy comes up for renewal. Consumers are being advised to educate and inform themselves.

Get in touch with our experienced Brampton car accident lawyers if you find yourself in such a situation.

Brampton personal injury lawyers often deal with situations where pedestrians, cyclists, motor-cyclists, car drivers and passengers are involved in accidents. Most of these accidents can be traced to someone’s fault or negligence and could easily have been avoided or prevented.

Accidents give rise to a range of injuries. They may range from minor cuts, lacerations, bruises and burns to serious, life-threatening injuries, amputation, paralysis, traumatic brain injury, spinal or neck damage, serious fractures, internal organ damage, disfigurement, etc. The effects of some injuries could last a life-time and their impact is felt not just by the victim but usually by the entire family.

• Loss of income, wages or earning capacity
• High medical and rehabilitation expenditure
• Pain and suffering
• Loss of life, enjoyment, guidance and care
• Funeral expenses in case of death

If you or a dear one has been injured in a motor-vehicle accident, contact the nearest personal injury lawyer in Brampton without delay. You may be entitled to compensation.

Safe Night Driving

Night driving can be extremely stressful and risky, especially in poor weather conditions, with poor visibility, on unfamiliar terrain, both on congested and on lonely roads.

• Ensure that your lights, including brake lights and fog lights, and your wipers are always in top condition
• Slow down so that you don’t misjudge by over-driving your headlights
• Cut down glare from on-coming traffic by looking slightly above and beyond dazzling headlights
• Switch to low-beam on country roads
• Check weather forecast and avoid driving in bad weather
• Driving in fog should be avoided
• Watch your speed and leave safe braking distance from the vehicle in front
• Don’t stop on the road if driving is difficult, travel slowly to a parking area and wait
• Stay calm and focused
• Avoid distractions like cellphone use or texting
• Stop when you want to check your GPS

Safety Tips for Driving in Rain

Weather conditions in Ontario seem set to see large-scale flooding in many areas. Near-record spring rains have seen floodwaters rising in many low-lying districts. Shoreline residents and road users may find driving and commuting difficult.

Rains could lead to slipperiness of the roads and also misjudgments. Water-logging may cause road damage, tree falls, etc. Staying safe on rainy roads includes:

• Ensure that your vehicle is rain ready: Check the tires, wipers, lights, fuel etc regularly
• Drive slowly
• Careful about hydroplaning: This occurs when tires get more traction on wet roads and cause the vehicle to slide out of control. Traveling at a slow and consistent speed in wet weather helps eliminate the risk.
• Don’t drive into or across puddles
• Avoid using cruise control
• Keep your headlights on
• Adjust your driving habits to the altered conditions
• If you’re anxious about driving in the rain, take public transport
• Drive on the clear sections of road
• Plan your moves and don’t accelerate or slow down abruptly
• Steer, brake and speed up smoothly
• Avoid flooded roads. Check your news feed for information before venturing out in the rains
• Ensure that you’re familiar with the anti-lock braking system if your car has one

If an accident occurs, get emergency medical help, inform the traffic authorities and contact a 24×7 accident injury lawyer immediately.

Brampton personal injury lawyers frequently deal with car accident claims, where people have been injured in motor-vehicle accidents. Most of us assume that “accidents are accidents” whereas in fact, most of them are caused by someone’s fault or negligence.

Unfortunately, motor-vehicle accidents result in a variety of injuries, ranging from minor ones that require just one or two visits to the ER, to life-threatening and life-altering injuries that lead to enormous physical, financial and emotional consequences. The impact of these injuries are felt not just by the injured victim, but often by the entire family. Contact the nearest personal injury lawyer in Brampton for advice and assistance.

High traffic density and increased commuter traffic at peak hours can lead to delays, frustration, road rage and risky behavior by drivers. Accidents may involve not just one vehicle and multi-vehicle collisions are one of the features that traffic authorities are concerned about on heavily-congested roads.

Several strategies are being studied to deal with bottle-necks and traffic jams on certain expressways and highways. One of these is the “zipper merge” which has generated heated discussions across Canada.

What Is The Zipper Merge?

When there’s heavy traffic on one lane and the adjoining lane is closed due to some obstruction, some drivers at the far back may race ahead on the empty lane and then attempt to rejoin the top of the lane they’d left earlier. The zipper merge works because drivers delay their merge until their lane has ended and at the exact point of the bottle-neck, drivers from both lanes take turns at entering the  exit, how a zipper closes. This kind of merge is something that most Canadians are taught never to do!

Drivers who follow the zipper merge method race towards the head of the bottle-neck and force their way into the open lane at the last minute and most Canadian drivers regard them as not following proper road etiquette. It could also lead to feelings of anger and rage among other drivers who are backed up in the heavily congested lane.

Benefits of Zipper Merging

However, several organizations like the Alberta Motor Association are now recommending this maneuver and feel that this technique can actually ease traffic congestion.

When followed correctly, with due courtesy from all drivers, the zipper merge is extremely effective. It’s useful especially in situations where multiple lanes merge into one or two. Approaching a bridge or ramp are other areas where the zipper could work well. Construction zones, road-works, accidents on the highway, etc are excellent spots where zipper merging can be used. “It’s OK to ‘cheat’” opined the Alberta Motor Association in a press release. Canadians are proud of their discipline and long-held road user behavior, but many of these traditions may need to be overhauled keeping the current exponential rate of traffic congestion.

Traffic behaviors like the zipper merge require a buy-in from all drivers and awareness of how best it should be practiced.

Driving requires one’s complete concentration and skills. Using the available tools and techniques that are acceptable to all road-users is one way of ensuring safety and harmony on the road.

Most Canadians spend a lot of time on the road, either driving to work each day, or traveling for business or recreational reasons. Today, with the relatively easy access for young people and those of almost any degree of financial means to automobiles, traffic congestion has become a fact of life on city roads.

Inevitably, such situations result in accidents where people, property and vehicles are damaged. Commuting is a chore that people don’t really enjoy and as a result, their concentration levels can vary, leading to mishaps. Canada’s large cities like Toronto are perennially busy and there’s hardly a time when the roads are completely empty. When accidents happen, they give rise to complex medical, legal and insurance issues. An experienced Brampton car accident lawyer can assist you.

Following some simple safety tips can make all the difference to your driving experience. It can also ensure that you remain safe and share the road responsibly with other road users.

Safety In Heavy Traffic

Expect the Unexpected: Lane closures, traffic diversions, bad weather, road-works, large public events and gatherings can lead to unexpected congestion on your familiar route. Maintain safe distance from other vehicles, practice defensive driving. Provide enough buffer time to cater to possible traffic congestion, start out a little earlier. It’s important to stay focused and calm whatever the environment, so that you and your family can avoid injuries.

Road Rage: Nearly 8 out of 10 Canadians admit that they have felt and exhibited road-rage at some time. Road-rage behaviors include speeding, using profanity, yelling, lewd gestures, tail-gating another vehicle when you feel the driver has behaved rudely, cutting people off, risky lane-changes etc. Any kind of heightened emotions while driving is hazardous and anger can lead to bad decisions that endanger not just your safety but that of other road users as well.

Avoid/Ignore Provocation: Don’t respond in kind to other drivers who display road-rage behaviors. Avoid honking at them or engaging in competitive behavior.

Calm Yourself Down: If you’re feeling anxious or stressed in heavy traffic because you have an appointment to keep, ensure that you take deep breaths, focus on reaching your destination safely and make arrangements like calling ahead to inform people that you may be delayed. Listen to soothing music. This is important in heavy traffic, as other kinds of music can stimulate and energize you more. Often, car-pooling with friends helps to keep the atmosphere light and stress-free.

Tech Savvy: Use smartphone apps that tell you what the traffic situation is, so that you can plan your route accordingly. Sometimes a longer route may be less congested and can get you to your destination more easily, quickly and in a better frame of mind.

Accidents are not always “accidental.” Most of them are preventable and avoidable, being caused by someone’s fault or negligence. Unfortunately, they give rise to enormous physical, financial and emotional consequences for injured victims and their families. If you or a dear one has been injured in a motor-vehicle accident, contact the nearest personal injury lawyer in Brampton. You may be entitled to compensation.

A report released by the Canadian Pediatric Society in 2008 revealed some alarming facts. According to their study, the leading cause of death in Canadian children was motor vehicle collisions. Children and adolescents remain vulnerable in accidents and account for 16% of fatalities and 19% of injuries in Canadian motor vehicle collisions.

Although all provinces and territories mandate the use of child safety seats and restraints, many of the injuries sustained by children in accidents are caused by either the non-use or incorrect use of these devices.

It’s important for parents and care-givers, pediatricians and family physicians to have the right information on the proper use and deployment of car-seats and restraints and also of the current legislation regarding transportation of children in vehicles.

When used properly, child seats and restraints can reduce the risk of fatalities by 71% and serious injury by 67%. However, parents and care-givers are seldom well-informed about the correct use of car child seats and tend to be lax about safety issues regarding children traveling with them in cars.

Cheaper car-seats not manufactured according to strict industry standards may not function well. Defective seats can cause serious injuries when accidents happen.

If your child has been injured in a motor-vehicle accident, contact the nearest personal injury lawyer in Brampton without delay. You may be entitled to compensation.

Car-seat Regulations

Studies have also shown that nearly 80% of children in Canada are not properly protected while traveling in passenger vehicles. The Ontario Highway Traffic Act Section 106 stipulates that children have to ride in a rear-facing seat till they weigh more than 20 lbs or 9 kgs. Toddlers weighing below 18 kgs must travel facing forward. When the child weighs between 18-27 kgs and is aged about 4-8 years old, and grows too tall for the car-seat, they can be graduated to a booster seat. Finally, an 8-12 year old who weighs more than 27 kgs is ready to use a seat-belt.

Safety experts recommend that children always travel in the rear seat.

Some Common Misconceptions

• Few people are aware that car-seats have expiry dates. The manufacturer’s label clearly states the useful-life date or best-by date
• car-seats should be replaced if your vehicle has been in a collision, however minor it may be
• Seats that are cracked, torn or damaged need immediate replacement
• Seats older than 10 years should be discarded
• Constant exposure to sunlight damages the seat
• Second-hand seats, recalled seats, or those picked up from garage sales on the cheap, giveaways etc are an absolute no-no
• Don’t give or sell your car-seat to anyone
• Follow the user manual
• Use age-appropriate seats
• Place blankets or covers only after ensuring that the seat and child are securely buckled
• Anchor and secure all straps safely
• Don’t place bulky items behind/under the child
• Pay attention to the child’s comfort

Families face enormous physical, financial and emotional consequences when injuries happen. There are several complex legal, medical and insurance issues involved in claiming compensation. An experienced Brampton car accident lawyer can assist you and your family if your child is injured in a collision.

Operating a vehicle with insurance is mandatory in Ontario. This regulation provides a certain security and peace of mind for drivers in the event of a mishap.

However, in certain cases, you may find yourself injured in an accident in which the other party flees the scene and cannot be identified, or is under-insured/uninsured.

All accident victims in Ontario are entitled to statutory benefits (SABS) regardless of fault and this is payable by their own insurer. Additionally, they are also entitled to file a personal injury suit for damages against the at-fault party. The payment is made from the at-fault party’s insurance company.

An experienced Brampton personal injury lawyer with experience in dealing with similar cases can provide the right information and advice.

The Order of Seeking Compensation

There is a particular sequence or priority-order of claiming insurance when injuries occur and this is regardless of fault, under SABS  (Statutory Accident Benefits Scheme).

• The first agency to contact is your own insurance agency, if you have insurance.
• If you don’t have insurance but were in a vehicle that was insured, you can approach the insurer of that vehicle.
• If your injuries occurred when you were a cyclist or pedestrian, the insurer of the vehicle is liable to pay you compensation.
• As a last resort, if no insurance is available from any quarter, you can avail of compensation from the Motor Vehicle Accident Claims Fund (MVCAF) in Ontario.

What Is The MVCAF?

This is a fund that has been set up by the government of Ontario and is managed by the Financial Services Commission of Ontario. This fund is intended to help those who are victims of accidents without any other recourse to automobile insurance. It is designed to provide compensation in cases where the at-fault party is uninsured or cannot be identified because they have fled the accident scene. The fund also comes to the aid of people who have been injured in accidents involving stolen vehicles with no liability insurance. Hence, most cases that come up before the MVCAF are those involving pedestrians injured in hit-and-run accidents where the victim is unable to identify the vehicle that caused the accident, and uninsured or stolen vehicles.

This facility is available only to Ontario residents and to accidents that occur within the province. There could be several loopholes in the process – for instance, if one of family members of the victim who lives in the same house has coverage under a Family Protection Endorsement policy, that insurer has to make the compensation payment and this would absolve MVCAF of liability.

How We Can Assist 

Once you have availed of emergency medical treatment and ensured that your injuries are being properly treated, contact the nearest personal injury lawyer in Brampton without delay when such a mishap occurs.

Although the MVCAF funds are available in principle, in reality accessing them can be a long and arduous task. Since there are several complicated legal, medical and insurance issues involved, it’s important to seek advice, assistance and advocacy from an experienced Brampton car accident lawyer without delay.

Self driving cars were tested in 2015 and got the green signal to be operated on Ontario roads in November 2016. Government approval has been granted to three organizations to begin testing these vehicles on the road. They include Blackberry, Center for Automotive Research University of Waterloo and the Erwin Hymer group.

Ontario was chosen for several reasons. Since the province experiences a wide range of weather conditions, this makes it ideal to test drive the vehicles in a variety of conditions and guage their fitness. Ontario also offers a less restrictive bureaucratic environment for such testing facilities. From a technology point of view, this is indeed an exciting innovation and signals the keen competitive edge that Canada continues to maintain in the world of new products, design and technology.

However, their advent raises serious questions about road-safety, infrastructure, crash-avoidance features and most important, about liability in case of an accident.

Ontario laws require a licensed driver to be present in the vehicle at all times. There is no restriction on where the vehicle can travel, or at what time. As of now, things are still at a very early stage and though there is much enthusiasm for the novelty of the idea, their prohibitively high cost at the moment prevents large-scale adoption of the vehicles by the general public. Another drawback is that regulations regarding liability have not yet been fully formulated, leaving consumers in doubt about how accident claims will be covered by insurance.

Our 24×7 accident injury lawyers keep themselves updated on the latest technology/innovations so that they are in a better position to serve clients.

Liability Issues

Some of the top law firms in Canada have weighed in on the issue. They opine that driving a self-driving, semi-autonomous vehicle is much the same as operating vehicles in cruise-control mode. “As long as a driver with some ability to assume/resume control of the vehicle is present, there would seem to be a continuing basis for driver negligence and liability as they presently exist,” was the conclusion.

However, insurance companies have taken serious note of these  developments and are in the process of grappling with issues like the impact of such technology on the auto insurance industry, and who can be held accountable in case of an accident. Can the manufacturer or the driver be liable, or can both be held responsible?

Another issue that the Canadian insurance industry is keenly watching is how the technology evolves. At present, the vehicles are not truly autonomous and this poses challenges for insurers as accident liability shifts from solely on the driver to a mix of both driver negligence and/or software malfunction.

Issues like access to on-board computers to determine liability are also gaining importance, because these deal with confidential and patent issues that manufacturers would decline to share in public. Determining liability in the face of such a paucity of information can be difficult for plaintiffs in personal injury suits.

Emerging technologies can lead to a slew of new products and new legislation.

An experienced, knowledgeable Brampton car accident lawyer who stays abreast of new developments in the field can provide the right assistance.

Brampton personal injury lawyers are often consulted on cases that involve pedestrian-motor vehicle collisions. Unfortunately, in such incidents, pedestrians suffer serious injuries as they are among the most vulnerable of road users. Bicyclists and motor-cycle riders are also prone to sustain injuries in motor vehicle accidents, but unlike pedestrians, they usually wear safety gear, helmets and protective clothing, which offer some level of protection. Pedestrians are completely exposed to the impact forces in accidents.

Accidents are most often caused by someone’s fault or negligence. They are usually avoidable and preventable. If you or a dear one has suffered serious injuries in such an accident, contact the nearest personal injury lawyer in Brampton. You may be entitled to compensation.

Pedestrians Are Vulnerable

A horrific collision that occurred on August 4, 2017 at an intersection in Mississauga at midnight instantly killed a 62 year old man who was crossing the street. The driver of the car failed to stop immediately, although he returned to the accident scene later. Such accidents only emphasize the extreme vulnerability of pedestrians on roads, at any given time of the day or night. Senior citizens, children and people with disability are specially at risk.

Statistics released in 2016 reveal that the number of pedestrian fatalities in Toronto touched an alarming 15% in 2016, making this a matter of urgent public safety. The numbers are even more frightening when it’s shown that one pedestrian is hit every four hours in Toronto and there’s a fatality every 10 days.

Typically the victims are about the age of 65, walking on arterial roads in the suburbs, at a spot that does not have a traffic sign or crosswalk and they’re usually hit by a larger vehicle.

In general a very small majority of pedestrians are responsible for such accidents and the mishaps are usually caused by speeding, distracted or alcohol/drug impaired drivers.

Canada’s rapidly aging population makes it important that road-safety becomes an essential part of motorist sensitization, responsible sharing of roads, purposeful city planning and urban development.

Claiming Compensation

A significant number of pedestrian accidents result in serious injuries that could leave the victim immobile, paralyzed etc. Loss of vision, traumatic brain injuries, serious fractures, amputation, disfigurement, skin abrasions, burns, bruises, internal organ damage, etc are some of the life-threatening injuries that can occur. Apart from physical damage, the person can suffer:

• Loss of income/wages/earning capacity
• Emotional/psychological trauma
• Pain and suffering
• Social isolation
• High and continuous medical expenditure
• Expenses for rehabilitation, prosthetic limbs, plastic surgery, reconstruction etc
• Expenses for assistive and mobility devices
• Home and work-place modification
• Added expenses for care-giver
• Home maintenance

In the case of death of a loved one, medical/hospital expenses up until the time of death, funeral expenses, loss of care and guidance, companionship etc are some areas where financial help is essential.

An experienced Brampton car accident lawyer can provide a genuine evaluation of your case and advise you on the route to be followed to claim compensation. There are several complex legal, medical and insurance issues involved and at such a time of crisis, it may be difficult for families to pursue the claim so that a successful outcome is achieved.

Brampton personal injury lawyers deal with cases where people are seriously injured while traveling in taxis. The August 17, 2017 accident at Dixie Road, Brampton, involving a taxi and a transport truck left two people critically injured. Witnesses report that the speeding truck had rear-ended the cab, resulting in life-threatening injuries for the two passengers seated in the back seat of the cab. The driver of the cab was also injured.

Accidents are not always accidental and they’re usually caused by someone else’s fault or negligence. If you or a dear one has been injured in such an accident, contact the nearest personal injury lawyer in Brampton. You may be entitled to compensation.

Accidents Involving Taxis

Taxis are motor-vehicles that are licensed to transport people to a particular destination in return for payment of fare. The vehicle is usually driven by someone who either owns the vehicle or is an employee of a company that runs a taxi business. Some fleets of taxis are operated by the government or local municipality. There are various types of accidents involving taxis:

• the taxi could collide with a car that you are driving
• you could be a pedestrian hit by a taxi
• you could be a passenger in a taxi that was hit by another vehicle

As a passenger who has hired a taxi to travel from point to point, you are as vulnerable to being injured as any other passenger or driver in any other motor-vehicle. As such you are entitled to file a personal injury suit for compensation for personal injury, as it is treated as a standard passenger accident case.

In general, passenger in a vehicle that was hit by another may find it easier to have a more successful outcome, since either one of the drivers can be held liable for the accident, or the passenger does not have to prove liability.

What To Do In Such Cases

Unless you’re seriously injured and immobilized, there are certain steps you can take that could protect your rights and safeguard your interests.

• Contact the police immediately: You can use your own phone or the taxi-driver’s phone and provide relevant information regarding location, how many people/vehicles are involved, how many are injured, how the accident occurred etc. This information will be used to compile the final police report.

• Get in touch with a Brampton personal injury lawyer with experience in dealing with similar cases. He/she can ensure that your interests are safeguarded, begin conducting independent investigations into the case, collect data/evidence, assemble witnesses etc to build a robust claim.

• Consult a qualified physician immediately, even if you feel your injuries are minor/negligible. Certain injuries could become more serious when left untreated. Often, symptoms of serious injuries get masked in the stress/excitement of the event.

• Take pictures if possible, of location, accident site, position of vehicles, important landmarks, injuries, damage etc.

• Exchange contact information with the other drivers, passengers and witnesses.

An experienced Brampton car accident lawyer can assist you to open an insurance claim against either the taxi company or the driver, and any other drivers who are found to be negligent.

Beginning this fall, personal injury lawyers can expect to be operating under a new jury trial sitting pilot program.

The changes to the current system are expected to be significant. According to Margaret Waddell, head of the advocacy committee of the Toronto Lawyer’s Association, “There is a tremendous backlog of trials in the Toronto region. Trials are booking into late 2019 and early 2020.”

This project is intended to facilitate a reduction in the backlog by freeing up the time of more judges for trials. Though it is not expected that the pilot project will result in more settlements, grouping them all together in a month period instead of in a sequential order, fewer judicial resources can be utilized to handle more number of cases. 

What Is The Present System?

Nearly 60% of all trials in Ontario deal with personal injury claims. The Sittings Trial is intended to reduce the inefficiencies that are the primary cause of delays in getting the case to trial. The current system of fixed trial dates means that there were good chances that your case could get pushed to a later date if something occurred preventing your hearing on that day. This causes enormous frustration and anxiety in lawyers and clients alike.

In order to prevent overbooking of courts when trials are scheduled on a week-to-week basis, trial dates for new cases are often given two or three years into the future. Most personal injury cases are settled out of court, but many, especially medical malpractice cases go to trial. The current system means that litigants have to wait for years in case they wish to have their day in court.

Witness availability is another issue in long-drawn-out trials. In many cases, the witnesses are busy professionals like doctors, accountants, etc who cannot guarantee that they will be available on that particular date many years down the line.

The New System

Prominent lawyers opine that for years, Toronto lawyers have had to explain to distressed clients that their trial date will be set for one or two years down the line. Although discovery has been completed and the lawyers themselves are ready with all processes necessary for trial, the old system entails long delays due to overbooking of courts.

Since the new approach does not involve a fixed schedule, cases could be called at any time during the four-week-long schedule. This allows more cases to be handled during this time.

Additionally, such a system ensures that enough judges have been empaneled to try cases during this time, leading to better efficiency and cost-effectiveness.

Possible Problems

Though the program seems feasible and advantageous, there could be certain issues. Scheduling conflicts with other regions may be one of them. Lawyers may find themselves in a quandary if they have booked cases simultaneously. The pilot also doesn’t address one of the root causes of overbooking, which is the shortfall of judges.

If you or a dear one requires assistance, advice and advocacy in a personal injury case, contact one of our experienced personal injury lawyers without delay.

Couples entering into marriage or a long-term relationship usually do so with the intention of staying together for the rest of their lives. However, the tragic truth is that this doesn’t always happen. Marriages and relationships can end for a variety of reasons like incompatibility, infidelity, etc but financial reasons are the most common reasons for a couple to separate.

This is specially true when one of them suffers an accident and there are enormous physical, financial and emotional burdens to be borne. Issues of employment, social interaction, physical and emotional relationships, mobility, support, care-giving etc put a huge strain on the relationship when one of them is seriously injured. When as a result these, divorce is being considered, the issue of a substantial settlement of a personal injury claim being treated as common property arises.

However, a recent ruling by an Ontario Court of Appeals in the case of Hunks vs Hunks the court ruled that such settlements could not be considered as property and are therefore not subject to the divorce proceedings under the Family Law Act. These settlements are “income” and not “matrimonial property” and their value is not to be shared between estranged spouses.

The Hunks vs Hunks Case 

Donna Hunks who is now aged 62 was badly injured in 1996 just eight months after she married her husband Gary Hunks. She was grocery-shopping in a supermarket when she was hit by a loaded shopping cart or palette and was badly injured. She was unable to return to work in the office where she was employed.

She filed a personal injury suit against the supermarket and it was settled for $571,000 including $8000 for her husband who claimed loss of her care, guidance and companionship. She utilized $200,000 for her family’s benefit and the rest was used by her lawyer to purchase her an annuity that would give her a total of four structured payments paid out once every five years, plus a certain amount every month for life.

In 2011, the couple separated. According to Ontario’s Family Law Act, with very few exceptions, all property acquired during the marriage is to be evenly split between the parties. A 2015 Ontario Superior Court deemed that the settlement received by Donna Hunks constituted a “pension” and as such it was part of the matrimonial property and had to be divided equally.

However, on appeal in March 2017, the Ontario Court of Appeals ruled unanimously that this decision was incorrect. It considered that structured payments were more similar to disability benefits which are deemed to be income under the law and thus cannot be divided.

Impact On Future Rulings

The debate regarding structured settlement vs lump sum payments remains valid, but structured settlements now seem more secure and offer a tax-free, guaranteed annuity. Even when relationships end, the injured person’s financial future remains secure. The case has far-reaching effects for personal injury settlements and what lawyers may now recommend to their clients.

Contact an experienced personal injury lawyer with experience in dealing with such cases if you or a dear one faces such an issue.

Tabled in April 2017, a new legislation that legalizes the use, cultivation, sale and consumption of recreational marijuana makes Canada the first G7 nation and the second country after Uruguay to adopt such a measure.

Deemed historical by some observers, this move lifts nearly one hundred years of prohibitive laws on the recreational use of cannabis. However, the Liberal government has simultaneously strengthened and overhauled the impaired driving laws that relate to users of both drugs and alcohol.

This is part of the Trudeau administration’s poll promises that it rode to victory on in 2015. The “pot plan” as it’s being dubbed, is a two-fold approach to the issue, and addresses the concerns of road-users, motor vehicle accident lawyers and law enforcement departments.

Ontario Provincial Police are bracing for an uptick of cases following the new rules. One of the key issues facing police and traffic authorities is the problem of collecting evidence of drug-impairment, measuring the levels of drug in the body and ensuring that such cases are properly charged.

The New Marijuana Rules

Prime Minister Trudeau has reiterated that the new rules are designed to prevent minors from falling prey to drugs and also ensure that organized crime is prevented. The bill allows those above 18 to possess up to 30g marijuana both dried and fresh. A higher age-limit option is also left to the discretion of each province. The new rules allow people to grow up to four cannabis plants or purchase them from a licensed retailer. Cannabis oil, dry and fresh cannabis will become available immediately, and edible forms of the drug may become available later.

Dealing in the drug outside the legislative framework and guidelines still remains illegal and the government denies any move to promote the use of the drug. It is also against the law to sell drugs to a young person (as mandated by provincial rules) and also use youth in cannabis-related crimes.

Public Safety Minister Ralph Goodale opined, “If your objective is to protect public health and safety… and stop the flow of profits to organized crime, then the law as it stands today is an abject failure.” He was speaking at a news conference and added, “… Canadian teenagers are among the heaviest users in the Western world …. we simply have to do better.”

Impaired Driving Laws

Several changes have been made to the Impaired Driving Laws. These changes introduced by Justice Minister Jody Wilson-Raybould introduced signaled certain provisions that have raised concerns among defense lawyers and constitutional experts.

The new legislation allows for mandatory roadside alcohol testing and a new range of criminal charges for driving while under the influence.

Police can now demand a saliva sample if they suspect drug impaired driving. However researchers have raised questions about the validity of such roadside tests. There is currently no definitive, reliable testing available to determine marijuana impairment, according to experts.

The new legislation also reduces the time that drivers have to wait before they can return to driving.

When the cold Canadian winter finally recedes, it’s the time for celebration! Unfortunately, summer is also the season for injuries and accidents. Ranging from sunburn to allergies, falls, motor-vehicle accidents, sports injuries and insect bites/stings, this is a busy time for ERs and doctors around the country.

A 2011 study conducted by the Canadian Insititue for Health Information notes that bicycling injuries are among the most common of summer recreational and sports injuries. Workplace injuries and falls also spike during the summer months. Summer is also the season for home improvement projects, renovations, spring-cleaning etc and these activities can all be potentially risky.

The fact is that most accidents are preventable and avoidable. They’re usually caused by someone’s fault or negligence. Preventable injuries cause the death of nearly 15,000 people annually across Canada. They are also the reason for 3.5 million ER visits and 231,000 hospitalizations.

Serious injuries cause huge physical, emotional and financial burden on not just the injured person, but also on the entire family. They can lead to loss of income, high medical and rehabilitation expenses and immense pain and suffering.

A study conducted in 2004 estimated that there is also a huge economic burden on society as a result of such injuries. The cost was assessed to be nearly $19.8 billion in both direct and indirect expenditure, reduced productivity, hospitalization, disability and early death.

Recent figures show that 20% more accidents occur during the months June to August. Popular opinion assumes that more alcohol-related fatalities occur during winter holidays when weather conditions and visibility are poor and there are many more people driving under the influence of alcohol. However, Canada’s National Collision Database figures reveal that there are more collisions in August than in any other month.

The primary risk group are younger drivers aged between 16-24, vulnerable road-users like pedestrians, bicyclists and motorcyclists, high-risk drivers who drive impaired, without seat-belts, aggressively and at high speeds.

The cost of these collisions has a huge impact on the national economy and the losses represent 2-3% of the country’s GDP. Apart from this, the social and personal costs are huge when catastrophic injuries or fatalities happen.

Statistics have been compiled that reveal the prevalence of different types of injuries during the summer months. Home-based accidents and injuries also become much more common during this season, when children and seniors are out enjoying the warm summer sun.

Accidents are waiting to happen around the home. A simple activity like lawn mowing can become dangerous and risky. Skateboarding accidents can cause traumatic brain injuries, serious fractures etc. Drowning accidents, swimming-pool accidents and injuries, burns from grills and barbecues etc are some of the common reasons for people to rush to the nearest ER.

If you or a dear one has been injured in an accident, it’s important to get immediate medical attention. Following this, contact a reputed and experienced personal injury lawyer to evaluate the circumstances of your case. You may be entitled to compensation, if your accident was caused by someone else’s negligence or fault.

According to the Canadian Pediatric Society, the main cause of death of Canadian children is motor vehicle collisions. A report titled Transportation of Infants and Children in Motor Vehicles (2006) revealed that 16% of fatalities and 19% of injuries in children and adolescents occurred as a result of motor vehicle collisions. The report categorically states that although there are stringent rules regarding use of child safety seats in all the 10 provinces and 3 territories, many of the accident-related injuries were directly caused by the non-use or misuse of child safety restraints.

A Ministry of Transportation recommendation states that car seats are the best way to prevent serious injury to children in collisions. Using the right type of car seat is an important aspect of this and the seat should be chosen based on the child’s weight, height and development.

Motor vehicle accident lawyers are strong advocates for the use of safety restraints and car seats in children and adults. When properly installed, they reduce injury risks by nearly 70%.

Each province and territory has its own restrictions and the make and model of each car seat will have its own set of restrictions. Some seats may fit across more than one stage and it’s safest to keep to one stage for the maximum/complete length of time.

Stages of Car Seat Use

There are 4 main stages of car and booster seat use.The manufacturer’s label will provide information on the correct size, weight and height of the child that should be using this particular seat.

• Stage 1: Rear-facing seats: for newborns and toddlers. The Ontario Highway Act mandates children up to 9kg use rear-facing seats.
• Stage 2: Forward-facing seats: with tether strap for children between 9-18 kg.
• Stage 3: Booster seats: raise the child’s height so that the adult seat belt fits better. Recommended for children under age 8, less than 4’9” tall and weighing between 18-36 kg.
• Stage 4: Seat belts are recommended when the child is able to sit comfortably with legs bent over the seat edge and is able to maintain this position through the trip. Shoulder belt should cross the shoulder and chest and lap belt should cross the hips and not the stomach.

Doctoral candidate at the University of British Columbia, Takuro Ishikawa opines that the main purpose of seat belts is not to prevent people from being ejected out of a vehicle. It is designed to redirect crash forces to the hips and chest which are the strongest parts of the body. In children between ages 4-8, the seat belt crosses the stomach and neck, causing the impact forces to be felt most in these regions. This causes internal organ damage especially to the spleen, bowel and liver.

Top Errors

• Not purchasing good-quality product
• Using unsafe after-market products/devices
• Incorrect installation
• Seat not secured tightly
• Harness not snug
• Chest-clip not at armpit level
• Tether-strap not anchored
• Rear-facing infant placed in front of air-bag
• Incorrect routing of seat-belt
• Using recalled or unsafe seats
• Failing to restrain

If your child has been injured in a motor-vehicle collision, contact the nearest personal injury lawyer for advice and assistance. You may be entitled to compensation.

Sports and adventure lovers, visitors to amusement parks and recreational grounds seldom pay attention to the fine print on their entrance tickets.

If read carefully, this will show that it is a waiver or release of liability which prevents an injured person from taking legal action and suing for personal injury in case of an accident at that location.

When you and your loved ones are out for a day’s kayaking, zip-lining, bungee-jumping or you’ve taken the kids to a theme park, etc, the waiver means that the organizers, parks or company running the event/sport have no responsibility for injuries that could have resulted from their failure to take reasonable care.

This is common practice, and that’s probably why most people tend to take them lightly, or ignore them. Many people are under the impression that such waivers cannot stand up in a court. However, a spate of recent cases has shown alarmingly different results.

What Are Waivers?

The term “waiver” is a short form for waiver of liability for negligence. It is basically a contract in which the signatory agrees to give up something, usually a right or entitlement, that they would normally have.

In the sports or adventure context, this means that the person who participates in such a program agrees that they will voluntarily give up their right to sue the organizer of the program for negligence in case of injury while participating. This is also an issue in the context of granting of school permissions by parents. The term takes its meaning from the Latin phrase used in jurisprudence:  volenti non fit injuria (to a willing person, injury is not done)

Essentially, this is a method that organizers use to transfer the risk back to the participant instead of taking responsibility for it. In activities which are inherently risky, this may be a good practice to protect organizers, though they have been criticized on moral and ethical grounds.

Are They Legally Enforceable?

In a recent case, Dr Blake Jamieson was seriously injured during mountain-biking at the Whistler Mountain Resort, owned and operated by a corporation. He signed a risk and indemnity release as part of the requirements for using the facilities at the park. The park also had several signs and warnings placed at prominent locations which warned participants of the inherent risks involved while using the park’s features and trails.

Whistler contended that it had provided enough information to Dr Jamieson when he signed the release. Patrons had been asked to read the contents of the release, confirm that they had read and understood them and then sign.

The judge opined that the release was valid in its content and presentation and that “any reasonable person, who can read English, faced with the document, would understand that the risks of using the Park are very serious, and that by signing it, the person waives his or her right to sue Whistler.”

Canadian courts, including the Supreme Court have usually upheld the validity of waivers. Experienced personal injury lawyers like Barbara Stratton opine, “You’re not really protected. You chose to engage in that sport. You knew or should have known what you were signing.”

Brampton personal injury lawyers deal with cases where drivers and passengers of cab aggregators like Uber are involved in collisions.

Ontario and Alberta are two provinces where Uber ride-sharing drivers and passengers are now automatically covered by an innovative new product , Uber Commercial Insurance.

The growing popularity of the sharing, just-in-time, on-demand economy has created the need for such services. Uber operates in several cities in Ontario and is an extremely popular choice with many sections of the population.

In an insurance industry first Ontario’s insurance regulatory body announced that it had approved of a policy from Intact Financial Corp. making it possible for Uber drivers and passengers to have insurance coverage for their ride-sharing services. The policy will be paid for by Uber.

Important Features of The Policy

This new insurance policy coverage covers both passengers and drivers and comes into force the moment the Uber app is first turned on and continues until the passenger exits the vehicle. When the app is not turned on, the vehicle owner’s personal auto insurance comes into effect.

The policy applies automatically to all Uber drivers regardless of their own auto insurance. When they’re driving their vehicles for private use, customers of certain insurers are protected as usual under their own policies at no extra cost.

The coverage includes statutory accident benefits, uninsured motorist coverage, family protection coverage and third-party liability up to $1 million when the app is in use but no ride has been accepted. When a ride has been accepted, the coverage limit is raised to $2 million. To get comprehensive and collision coverage, the car owner must have the appropriate personal policies.

Brian Mills, Chief Executive of the Financial Services Commission of Ontario opined, “Going forward I want to emphasize that the sharing economy in general and the automobile insurance implications in particular will continue to evolve and will require innovative solutions…”

Uber’s Canada general manager Ian Black welcomed the move in a statement as being “a smart seamless and simple solution for driver partners.”

The Ontario government has also approved regulatory changes under the Ontario Insurance Act to allow insurance companies to develop commercial fleet insurance policies for ride-hailing organizations.

How It Operates

The Uber journey is divided into Phases 0, 1, 2 and 3, where during:

Phase 0: the vehicle is being operated for personal use and the driver is offline.

Phase 1: the driver has logged on to the app but is yet to accept a ride.

Phase 2: driver has accepted a ride-request and is en route to collect the passenger/s.

Phase 3: driver is transporting passengers to their destination.

The new policy covers drivers, vehicles and passengers through Phases 1-3.

Uber drivers must contact their insurance brokers to inform them that they will be participating in the ride-hailing industry. This helps to bridge gaps between their existing and new ride-sharing coverage. Drivers need to inform their personal insurers that their vehicles are being used for Uber ride-hailing.

Since this is a very new development, there is still little clarity on how the courts will rule in case of a claim. An experienced Brampton car accident lawyer can assist, advise and advocate for you in such a situation.

Brampton personal injury lawyers know that summer road-trips and vacations can turn into a nightmare when a tire blowout happens.

Traveling in summer can be dangerous because there’s much more traffic on the roads, the demographic includes a significantly larger number of young, inexperienced drivers and many more people driving under the influence of alcohol etc.

Transport Canada studies show that drivers need to take precautions to ensure that their tires are in good condition before they set out on the road.

Blowouts Are Extremely Dangerous

Did you know that there was a tire blowout season? According to Popular Mechanics, it runs from somewhere in mid-May through to early-October in the US. In other countries which experience extreme variations in climate, there is probably a similar time-frame when tire blowouts are more frequent.

The most dangerous blowouts are those involving large trucks and semis on highways. The entire tread can explode off an 18-wheeler semi in a single piece, or the tread can burst off the tire in a bunch of smaller bits. Either way, blowouts put other road-users at a huge risk. The vehicle becomes highly unstable and the driver loses control of it. It can turn turtle, cross lanes, hit or jump over dividers. In other cases, the cargo can work loose from its moorings, scatter across the road, posing a risk to oncoming and following traffic. If the material is hazardous, the risks become even more compounded.

Why Do They Happen?

Trucks crossing Canada’s vast network of roads may travel across heat-waves on the Trans-Canada highway. Asphalted roads can transfer huge amounts of heat which in turn pass immense amounts of heat on to tires. With the hot air expanding inside the tire too, a tiny structural weakness in the tire can cause a disaster.

Most drivers tend to under-inflate their tires in summer, since they expect heated air to expand inside them. Most trucks tend to be more heavily loaded in summer and drivers are less vigilant about checking tire pressure in the more pleasant driving environment. They also need to check tire pressure when cold to get the right reading.

Low tread depth is another risk factor. Truck drivers/owners have to ensure that the tread depth is kept at the manufacturer’s recommendation to ensure better handling. This also reduces blowout risks.

Cutting costs by using winter tires in summer can be absolutely fatal. Spring changeovers are vitally important and drivers need to take the time and effort to do this. Well-maintained tires that are designed for the season are a driver’s best bet in avoiding accidents.

Another issue is regular maintenance. Commercial truck companies must follow safety standards and ensure that their vehicles are kept in top running condition.

Bad road-conditions, potholes, nails and debris on the roads can raise the risks of tire blowout.

It’s important to understand that summer tire blowouts happen following accumulated damage. They don’t suddenly occur. Hence regular inspection and maintenance are crucial.

If you or a dear one has been injured in such an accident, contact the nearest personal injury lawyer in Brampton with experience in handling similar cases.

Brampton personal injury lawyers often deal with cases where people are injured in collisions involving debris on the road.

The December 2015 incident on Highway 401 in Pickering, where a woman driver was critically injured by metal debris falling off a tow truck and piercing her car’s windshield, has brought the serious issue of damage caused by falling debris into focus.

In this particular incident, , a long piece of metal, used to connect vehicles by tow truck operators, caused damage to at least four other vehicles on the highway, as it kicked up and was tossed on to oncoming vehicles repeatedly.

Accidents caused by road debris are more common than we think. The American Automobile Association’s Foundation for Traffic Safety has provided startling figures revealing that a huge number of motor-vehicle accidents are directly caused by road debris. The Foundation estimates that nearly 25,000 collisions are caused on North American roads each year due to scrap metal, road gators, garbage etc.

If you or a dear one has been injured in a collision caused by road debris, contact the nearest Brampton car accident lawyer with experience in dealing with such cases. You may be entitled to compensation.

Causes of Falling Debris Accidents

Trucks and trailers transport different items that include cars, motor-cycles, gravel/sand, cement/concrete, flammable liquids, oil, milk, frozen food, animals, rocks and stones, logs, hazardous chemicals and gases, fruit and vegetables, poultry, eggs, water, metal, etc. Motorists on highways who travel at high speeds least expect such debris to be lying on the tarmac or to fall off over-loaded trucks in front of them. They can cause a variety of injuries and damage ranging from cracked windshields, burns, toxic fumes, serious injury to drivers and passengers besides causing multi-vehicle pile-ups and collisions.

The actual weight of the items may not cause damage but the impact, velocity and speed with which they strike can certainly cause extensive damage to people and vehicles following them. Trucks on highways usually travel at speeds upwards of 60mph and they may have warning signs that caution vehicles following them to keep a 200m gap.

Who Is Responsible? 

Drivers of trucks with/without trailers are responsible for their vehicle and load. They must ensure that the load is:

• secured properly
• within the weight and height restrictions
• will not shift during transportation.

Sharp turns and sudden stops can cause the load to shift and the driver must be ever alert.

Commercial trucks are more liable to lose their cargo due to faulty securing, but private vehicles, smaller trucks, pick-ups and minivans transporting goods may also not have their load properly secured.

Ontario has very strict guidelines about operating a vehicle without secure load ranges, with fines ranging between $130-310, based on whether the vehicle is commercial or personal. The Highway Traffic Act deems that loads that over-hang the back of vehicles by more than 1.5m  should be marked by a red flag, red marker or red light, based on time of travel and the ambient light.

If you have suffered injuries in such an accident, a thorough investigation into the circumstances can help fix the liability clearly and help you get the compensation you rightly deserve.