Pedestrian Accident

Published on: October 29, 2015

A Personal Injury Lawyer’s View on How to keep Halloween Safe

Around this time of the year, our law firm receives a noticeable spike in pedestrian collision claims. These are the sort of cases where somebody is trying to cross the street (on foot), and they get hit by a car, or some other sort of motor vehicle (even a bike).

What explains the spike is anybody’s guess. But, it would make sense that near the end of October we get less daylight, making visibility more difficult for motorists, cyclists and pedestrians alike. We also have some worse weather which can lead to visibility issues as well. And who can forget the Halloween Holiday, whereby residential streets are flooded with trick or treaters in full blown costume.

At the time of preparing the Toronto Injury Lawyer Blog Post, at least 12 pedestrians were hit by cars around the General Toronto Area during the commuting periods. Some new outlets have the number as high as 16 pedestrian collisions throughout the course of the day. That’ a lot! Police are attributing this spike to poor visibility on account of decreased daylight and bad weather. This was one of the first days of the fall where the weather was rather cold, damp and dark.

Scary because Halloween is right around the corner and you get the sneaking suspicion that people can’t drive safely anymore? Scary because you get the feeling that motorists don’t have respect for other motorists, cyclists or pedestrians? I know the feeling. Adding insult to injury is that the penalties handed out by our Courts following a breach of the Highway Traffic Act are akin to slaps on the wrist. A few demerit points, a license suspension, a fine. None of these penalties are proportional to the devastating impact a serious car accident can have on an innocent accident victim and their family.

There are a lot of young parents who read the Toronto Injury Lawyer Blog. Having a young family of my own, I want to share with you some of Goldfinger Injury Lawyers’s top tips on how to keep Halloween safe when you’re outside trick or treating this holiday season. If the recent trend of motorists colliding with pedestrians continues, I’m certain you can use these tips. I’ll do my best to give you some out of the box tips you may not have even thought of aside from the usual ones you may see in other media online.

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Published on: September 9, 2015

Top safety tips for Back To School Commute (Ontario)

By Goldfinger Injury Lawyers

Labour Day has come and gone. You can kiss the summer and wearing those light white beach side pants goodbye.

With the passing of Labour Day comes the arrival of the back to school season. The roads are noticeably busier across Ontario. I can tell you from experience that the morning commutes in Toronto, London, Kitchener-Waterloo and Peterborough take longer and are noticeably more congested.

Back to school brings more school buses on the roads, along with more children walking or cycling to school. This added traffic brings with it increased risk for serious accidents and serious injury. This is why this edition of the Toronto Injury Lawyer Blog will focus on the top safety tips for the Back To School Season Commute. Some obvious tips; others not so obvious. Enjoy!

Signage: Those “School Zone” and “Community Safety Zone” signs really mean something. They have been installed for a reason after long road studies and traffic observations; so watch your speed and watch out for pedestrians and cyclists on their morning commutes.
Stop Signs on Buses matter: School buses come equipped with their very own stop signs. They are attached to an extendable arm at the side of the bus and activate on pick ups and drop offs. These stop signs aren’t gimmicks. They have the very same force as those signs which are fixed in place on community streets.It is illegal to fail to stop for a stopped school bus that has its red lights flashing. If you don’t stop, you can be fined $400 to $2,000 and get six demerit points for a first offence. If you are convicted a second time within five years, the penalty is a fine of $1,000 to $4,000 and six demerit points. You could also go to jail for up to six months. In Ontario, school-bus drivers and other witnesses can report vehicles that have illegally passed a school bus. If you are the vehicle’s registered owner, these same fines, but not demerit points or jail time, may be applied to you.Watch for school buses near railway crossings. All school buses must stop at all railway crossings. The upper alternating red lights are not used for these stops, so be alert. If you are driving behind a stopped school bus with its flashing light extending, the Ministry of Transportation requires that you stop at least 20 meters BEHIND the stopped bus.
Use the Buddy System: If your child walks or bikes to school, it’ s a good idea for road safety and just for general safety that they not make the commute on their own. Find a friend or a commute buddy so that they can make the trip together and in proper safety. G-d forbid something should happen or they go missing. The buddy system will ensure a faster notice period should something wrong on the commute to/from school. It’s easy and just makes sense.

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Published on: December 10, 2014

How to complete the OCF-3 Disability Certificate following a car accident in Ontario

By Goldfinger Injury Lawyers

One of the most important, most complex, and trickiest claim forms to complete following a car accident is the OCF-3 Disability Certificate.

Never heard of an OCF-3 Disability Certificate? That’s ok. Most people haven’t heard of any of these “OCF” claim forms until after they’ve been involved in a car accident.

There are many purposes to the form. But, the primary and general purpose of the form is to let the insurer know what injuries you’ve sustained as a result of the car accident.

The OCF-3 is completed by two people. The first half is completed by the accident victim themself, a family member, a lawyer, a friend, or a loved one. The first part of the form asks some very basic information which you ought to have no problems completing (provided that you can read and write in English). If English is NOT your first language, or you have problems reading and writing, then it’s best to get somebody else to complete the form on your behalf.

You will be asked for your name, date of birth, address, telephone number, and the date of the car accident. The trickiest part of the top part of the form is completing the section which asks you to describe how the car accident happened, along with the injuries you’ve sustained.

The insurer will look back to this section, and cross reference it with the medical and police records they’ve gathered throughout the litigation process. If there are any significant discrepancies, then beware.

Example: You say in this part of the form that the car accident was a t-bone collision and that the at fault driver also fled the accident scene. As a result of the t-bone collision, you’ve sustained a fractured skull, and 3 broken ribs. But the police records show that this accident was actually a rear end collision, and that you didn’t break any bones whatsoever. This will be a big red flag for the insurer, so be careful how you complete this part of the form. It’s best to consult a lawyer before submitting it to the insurance company. I have seen many a defence counsel refer and rely on these forms and accident/injury descriptions to hurt the credibility of injured accident victims, so don’t underestimate the importance of how you complete this part of the OCF-3 Disability Certificate.
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Published on: October 9, 2014

Pedestrian & Cyclist Car Accident Pitfalls: Why having car insurance matters even when you’re not driving

By Goldfinger Injury Lawyers

When innocent parties get run over by a car, or hit while they’re riding a bike, they automatically think that some for of insurance company will respond to their claim.

On one hand, they’re right: some FORM of insurance should respond. But what form that insurance comes in (private/public/fast/slow) is a different story.

The insurer of LAST resort is the Ontario Motor Vehicle Accident Claims Fund or “The Fund” as it’s known to many lawyers across Ontario.

But, getting the Fund to respond to your claim is not as easy as it sounds, nor are they quick to act in any way, shape or form. After all, we’re dealing with a government entity.

In Ontario, we have a system of no fault accident benefits. That system, is supposed to provide all injured accident victims with support for their rehabilitation costs which are not covered by OHIP after an accident. Physiotherapy, chiropractic care, occupational therapy is all NOT covered by OHIP, except in very limited circumstances, either through the hospital or through Community Care Access Centre (CCAC).
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Published on: July 23, 2014

Some thoughts on a recent Child’s Fatal Car Accident

By Goldfinger Injury Lawyers

Received a few calls wanting commentary on the recent fatal accident involving a 7 year old. The accident took place at intersection of Millwood Road and McRae Drive, south of Eglinton Avenue in Toronto in an affluent area of the City known as Leaside. The intersection has a baseball diamond nearby, a park and a children’s summer camp as well. Kids play in that area.

The facts of the case are still rather murky. All we know for certainty is that the child was struck by a van trying to make a right hand turn. No charges have been laid. Police continue to investigate this matter. Speed may or may not be an issue in this case. We’re still not certain.

Dignitaries and politicians attended at the child’s funeral including Prime Minister Stephen Harper and Premier Kathleen Wynne. Any funeral attended both by the Prime Minister of Canada and the Premier of Ontario is going to be a big story.

A fund raiser for Sick Kids in memory of the child raised well over $55K.

To say that the accident was a big deal and a big news story is an understatement. This car accident received national media attention.
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