Articles Posted in Car Accident

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Yesterday, there was a fatal crash on Highway 401 just outside of Whitby. The accident involved 4 vehicles (a Toyota Corolla, a transport truck, a tour bus, and a Pontiac motor vehicle).

The transport truck hit the Corolla at around 10:30AM, so visibility was likely not an issue around that time of day. Police are still uncertain about how the accident happened, but they suspect that the transport truck rear ended the Corolla.

There were 3 passengers in the Corolla. The driver (47 years old) and front seat passenger (29 years old) was taken by ambulance to the hospital with very serious injuries. The third passenger was seated in the back seat. He passed away at the accident scene. At law, this is what we call a fatality claim. Those claims, contrary to popular belief, do not attract as big as settlement as you would think. The pain and suffering for such claims is limited from the time of the accident, to the time of the death. If the death is instantaneous, the damages for pain and suffering will not be significant.

Where the damages can get significant are where there are Family Law Act Claims, along with claims for loss of income to the family.
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You know what’s fun?

Posting status updates on Facebook.

Posting pictures on Instagram.

Posting videos on Vine.

Posting your day to day thoughts on Twitter.

Posting your new job on LinkedIn.

Social media is FUN.

But just because something is fun or popular, doesn’t mean that it’s right for you, particularly when you’re in the middle of a litigation battle against a large, deep pocketed insurance company.

The purpose of this Toronto Injury Blog Post is to show you how insurers can and WILL use social media against you to defeat your credibility and to defeat your personal injury case.
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So; you’ve been involved in a serious car accident. You were taken by ambulance to hosptial. They did a few x-rays, scans, gave you some pills, and told you to follow up with your family doctor.

Or, the injuries were more serious, and you were an in-patient at the hospital for a few days or weeks, and discharged home or to a long term health car facility (and then home afterwards).

Many people ask me where is the BEST place to recieve treatment following their respective car accident.

The right answer is that there is no single BEST place for treatment. At the end of the day, it’s important that you attend a doctor or rehabiliation facilty that’s right for you; and that you’re most comfortable with.

Rule of thumb: much like going to the gym to excercise; the closer the rehabiliation facility, the greater the likelihood that you will be diligent with your treatment. The longer the commute, the great chance tha you will miss out on appointments. That’s not good for your treatment, and certainly not good for your case.
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Personal Injury Law and insurance claims handling practices have trends.

Just like we see trends for runway fashion, or trends on a celebrity packed red carpet; we see trends for accident law. What’s hip, sexy, or cool for one insurer, or for one judge on a case, will likely apply to the next insurer or judge. It’s a copy cat industry.

Now law isn’t as trivial or fickle as the world of fashion. It takes judges to rule on the law. It takes politicians to create law. It takes people to elect those politicians who make the law. All it takes is one fashion designer to create the next “big hit“.

Other lawyers who don’t practice personal injury law want to know what’s new, and what’s changed with Ontario’s car accident law. Let me assure that you LOTS has changed in the last few months alone. Leave it up to our law firm to keep you up to date with those “hottest trends“.

Did you ever think that personal injury law could be so cool and hip? Me neither.
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Ontario’s Chief Justice, Annemarie Bonkalo recently signed an order approving the fine for distracted driving to increase from $155 to $280 effective March 18, 2014.

Want a copy of the Judicial Order? Here you go. Short, sweet and to the point.

This fine increase for distracted driving in Ontario has made provincial and national headlines. I really don’t know why as I think the fine being set so low is an embarrassment and an insult to the families and accident victims of distracted drivers.

Presently, the fine for distracted driving is just $155. That’s it. Minimum wage in Ontario just went up to $11/hr. That’s under two days of work over a 7.5 hour work day to pay off a distracted driving penalty for almost killing somebody or rendering them a quadriplegic.

So, what’s the big deal and why be so hard on distracted drivers? I mean, everybody seems to do it. It’s just a phone call, a quick text or a simple email; right? I’ve seen a Kardashian send out a VINE Video while driving, so it’s gotta be cool to do it!

Distracted driving is just as bad as dunk driving. Yes, I made the comparison. Shocked? Bold words, I know. But, our law firm sees the realities of distracted driving every day. To give you evidence of how serious the problem is, the US Government has its own OFFICIAL WEBSITE DEVOTED TO THE DANGERS OF DISTRACTED DRIVING. If you didn’t take the problem seriously before, maybe you will now that Barack Obama, the world’s most powerful world leader, got his own country to design a website and set up an agency devoted to increasing awareness.
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When I show clients their files, often; they are astounded by the amount of paper involved in handling their case.

Even in a “paperless system“, we still print medical records, medical reports, pleadings etc. for mediation memos, briefs and Affidavits of Documents. At the end of the day, personal injury law involves a LOT of paper.

One of the most important pieces of paper which accident victims will likely sign in the course of their case is something called a “Release“. If you’re signing a Release, that means that like 99% of civil cases out there; that your case has settled outside of Court. Congrats.

A lot of our clients get worried when they’re asked by an insurer to sign a Release. They think that they’re signing their lives away by signing it. That should not be the case. Your lawyer should explain to you exactly what you’re signing, and why you’re signing it.
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Johnny Careless was an interesting fellow. To say that he went against the grain is an under statement. Johnny rode his bike without a helmet. He drove his car without wearing a seat belt. He crossed busy intersections against red lights and don’t walk signals. He texted while driving. He wasn’t one to follow rules. Whether it would be the rules of sport, the public library, or the rules of the road provided under Ontario’s Highway Traffic Act. He was, quite simply, a careless individual.

Johnny was going nowhere fast. But all that changed one fine autumn day when Johnny was a passenger in his buddy Ricki Rhodes Chevy Camaro. Ricki was just like Johnny, a careless guy who didn’t much care for rules. Ricki was driving at excessive speeds along Highway 401, West of Mississauga, and lost control of his car causing it to strike head on into the side rail. Johnny didn’t remember what happened. He lost consciousness in the accident. All he remembers is waking up with blood on his face, on a stretcher with flashing ambulance lights glaring at him. Doctors told Johnny that he sustained a traumatic brain injury, along with a fractured ankle and 4 broken ribs. Ouch is right.
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Full disclosure. I’ve seen first how working long hours can impair your judgment.

Doctors, Residents and Medical Students have ludicrous call demands/schedules at teaching hospitals. You should see them post call! Lawyers, Clerks and Articling Students have ridiculous deadlines to meet and pull all nights all too often. You should see them the morning after the all-niter. Taxi Drivers work LONG shifts day after day (and their job is to drive others). Police officers, paramedics and firemen also have some pretty crazy hours.

But the story about the unpaid intern, Andy Ferguson in Alberta is no joke and speaks to the dangers of working LONG LONG hours then driving home.

First, our thoughts of everyone here at our law office are with Andy Ferguson’s family right now. In case you haven’t heard, Andy was a 22 year old UNPAID intern with the Northern Alberta Institute of Technology. He was completing an internship in order to graduate. He needed to complete a certain amount of hours in order to get his degree. Andy’s internship was at a radio station owned by Astral Media called “The Bear“, a pop rock radio station in Edmonton.

Andy was asked to intern the overnight shift. He didn’t want to. He had just completed 3 previous overnight nights, and was now asked to work a 4th. He was told that if he wanted to complete his practicum, he would just shut and do what he was told.

Andy was NOT happy, as evinced in a text messages to his girlfriend. He wrote to her “F*ck this place“. In a draft email to his professor at the University, which never got sent, he wrote “it would be nice if the people I worked under showed a little more appreciation and respect for myself“.
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Did you know that if you’ve been involved in a car accident, that there’s a $30,000 deductible for your pain and suffering claim? That means the first $30,000 of your pain and suffering award essentially vanishes. NOTE: This deductible does NOT apply to claims over $100,000.

Also of note, before September 1, 2010, the $30,000 deductible was $15,000; meaning it doubled overnight. In the 1980’s, there was NO DEDUCTIBLE whatsoever.

Some people call my office telling me they’ve been seriously injured in a car accident. When our law firm explains to them how the deductible works for car accident law in Ontario, you can hear their jaws drop to the floor. I mean literally, drop to the floor.

Who on earth would implement a law which says that the first $30,000 of your pain and suffering claim is essentially worthless. Our government; that’s who. But who do you think suggested that our government bring in these laws. It’s sure as not your neighbour who did; because your neighbour doesn’t know and doesn’t really care about how car insurance works.
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Privacy is all the rage these days. It’s a very “chic” topic amongst lawyers, bureaucrats and politicians alike.

Don’t want to disclose a document? Tell the other side that you have privacy concerns. Lawyers will say that the document is privileged. Then the lawyers can wait a year to duke it out in Court before a Judge.

Government office doesn’t want to disclose a document to a prodding newsie? Privacy.

In personal injury cases, we lawyers rely on police officers and government offices to get critical source data to help build, and better establish our clients’ cases. In order to get to the bottom of the accident, we need to carefully examine to Motor Vehicle Accident Report, Photographs, Witness Statements, Accident Reconstruction Reports, Audio Tapes, Video Tapes and any hand written polices officers notes. Without this information, it would be very difficult, if not impossible for lawyers to make a case in your favour; better yet even understand who the at-fault party is and how the accident happened.
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