PTSD & Catastrophic Injury

Post-Traumatic Stress Disorder (PTSD) is an anxiety disorder caused by a major physical or emotional trauma. It commonly affects traumatic accident victims.

According to the Oxford Medical Dictionary, the onset PTSD occurs at least one month after the traumatic experience. PTSD victims report flashbacks, nightmares, and anxiety. PTSD victims also engage in avoidance behaviors. For example, motor vehicle accident victims often develop PTSD in the form of driving anxiety.

Occasionally, the anxiety is so severe that these individuals avoid all forms of motor vehicle transportation.

PTSD is typically treated through a combination of counseling and medication. According to the Mayo Clinic, cognitive therapy, exposure therapy and eye movement desensitization and reprocessing are effective forms of PTSD psychotherapy. The Mayo Clinic also recommends antidepressants, and anti-anxiety medications to treat the symptoms of PTSD.

 There are legal implications associated with severe PTSD. Where PTSD has been caused by another person’s negligence, that person is responsible for the PTSD and its accompanying impairments. Moreover, severe PTSD can lead to a finding that one is “catastrophically impaired” for the purpose of no-fault accident benefits. Among other things, this will entitle the PTSD victim to increased funding for treatment.

Click here for more information on PTSD and its treatment.

By: Jordan Kofman

Driving Positions

A proper driving position is essential to preventing accidents and minimizing accident related injuries. Below are three tips to improve common positioning errors.


Hand Position

Persons who learned to drive in the pre-airbag era were taught to position their hands at “10 and 2”. Today, this is an unsafe driving position. In the event of an impact, airbag deployment can fracture improperly positioned forearms and thumbs.

The airbag’s impact can also launch a driver’s forearms into their head, thereby increasing the odds of a brain injury. If your vehicle is equipped with airbags, position your hands at “9 and 3”.


Headrest Setup

A properly positioned headrest is essential to preventing whiplash-type injuries. In the event of a collision, your body and head should move in unison. This will not happen where the headrest is positioned too far behind the back of your head.

Position your vehicle’s headrest as close to the back of your head as possible. The headrest should be no more than 4cm from the back of your skull. Vertically, the top of your headrest should align with the top of your skull.


Mirror Positioning

There is a common misconception that the flank a driver’s own vehicle should appear on the inside edge of a side-view mirror. While familiar for many drivers, this mirror position increases the size of blind spots. The inside edges of properly positioned side-view mirrors will just overlap with the outside edges of the rear-view mirror’s field of view. This mirror position will dramatically reduce the size of your blind spot.



By: Jordan Kofman

Road Hazards

An unexpected hazard on a roadway can cause a driver to swerve or brake suddenly and crash into other vehicles, pedestrians, or structures. Road hazards can include a wide variety of conditions such as debris left on the roadway, trees or shrubbery that block a driver’s vision, or construction zones that can reduce the width of lanes or place a worker in the path of oncoming traffic.

The condition of the road itself can also present a hazard, such as uneven roads, unexpected curves, faded paint markings, cracks or potholes, or the presence of snow, water, or ice.

Encountering a road hazard, such as a pothole, can result in severe consequences, such as personal injury, or even death. But aside from vigilantly keeping an eye out for hazards on the roadway, there is not much that drivers can do to protect themselves and others.

Various government agencies, such as the Province of Ontario and municipalities, are responsible for maintaining roads and ensuring they are safe for drivers, cyclists, and pedestrians. They are required to keep all roadways in a state of repair that is reasonable in the circumstances.

Therefore, in the event of an accident, it is possible to make a claim against the Province or municipality for damages. In order for a claim to be made, the Province or municipality must have failed to meet the minimum maintenance levels. These minimum standards can differ by type of road. It must also be shown that the Province or municipality knew, or should have known, about the state of disrepair.

If you are injured in an accident and believe a road hazard caused or contributed to the accident occurring, it is important to consult with a lawyer in order to determine whether you have a valid claim against the Province or a municipality.

Road Rage

Most drivers have experienced some level of annoyance or anger at other drivers on the road, but “road rage” is much more extreme. Road rage occurs when a driver’s extreme anger at other drivers' perceived wrongdoing results in aggressive, angry, and potentially dangerous behaviour.

Aggressive driving behaviours include tailgating, speeding, failing to yield a right-of-way, cutting off other vehicles, swearing, rude gesturing, or making threats. These behaviours could result in subsequent altercations, assaults, and collisions.

A strong majority of Ontario drivers admit to driving behaviour that could be described as road rage. According to a study by the Canadian Journal of Public Health, 46% of Ontario drivers have been shouted at, cursed at, or had rude gestures directed at them while driving in the previous 12 months, and over 31% of them admitted to shouting or cursing at someone themselves.

Road rage appears to be most prevalent in drivers aged 18-34, with over 44% of them admitting to threatening or swearing at someone while driving. It also appears to be more prevalent among the wealthier segment of Ontario drivers. Over 44% of Ontario drivers earning over $80,000 a year admitted to swearing or threatening another driver.

According to a report by Leger Marketing for kanetix.ca, men also appear to be more likely to engage in road rage behaviour than women – although not by much. Among Canadian drivers, 83% of men and 76% of women admitted to engaging in some form of aggressive driving behaviour. Additionally, men were more likely to experience road rage after being cut off, while women were more likely to experience road rage for personal reasons, such as running late or having a bad day.

The Canadian Journal of Public Health study also found that drivers in highly congested traffic areas, such as Toronto, were more likely to be the recipients of shouts, curses, and rude gestures. This is likely due to the higher stress levels associated with urban driving.

The consequences of aggressive driving and road rage incidents can be severe. Just last summer, Ontario police charged a 27 year old truck driver for throwing a steel block through the window of another car, injuring a baby and five-year-old child. While this is an extreme example, road rage incidents can result in serious injury or even death.

Road rage is often caused by heightened stress. You can avoid becoming involved in a road rage incident by monitoring your own stress levels. Ensure that you get fresh air, breathe deeply, and listen to relaxing music while in a stressful driving scenario. If you are on a long trip, take a break from driving every now and then. If someone else’s driving annoys or angers you, do not try to retaliate. It is much better to leave traffic enforcement in the hands of police.

The next time you become angry on the road, remind yourself of the potential consequences. Do not take other drivers’ mistakes or behaviours personally and you can ensure that you will not become a perpetrator of road rage in the future.

Visit our website here.

Wedding Insurance

Wedding insurance is a policy that provides financial protection against an unpredictable event that can occur. This type of coverage is especially important given the increasing cost of weddings.The following is a list of some of the benefits that may be provided under a wedding insurance package policy:


• Cancellation or Postponement Expenses: Reimbursement for expenses that result from cancellation.

• Illness or Injury: If certain individuals involved in the wedding get injured or become ill and the wedding needs to postponed, the expenses involved with the postponement are covered.

• Weather: If you wedding has to be postponed due to rain or bad weather conditions, there is coverage for the cost of rescheduling.

• Failure of Suppliers: Reimbursement for any non-recoverable deposits from a supplier who fails to provide their services as agreed upon.

• Rented Property: Reimbursement for direct physical loss or damage to any rented property used during the wedding reception.

• Wedding Rings: Reimbursement for loss or damage to wedding rings for a stated period of time prior to the wedding until the conclusion of the ceremony.

• Wedding Gifts: Reimbursement for damage to wedding gifts up to 24 hours after you receive them. The weddings gifts must be either at the reception venue or in transit from the reception venue to the home of the wedding party. The coverage ends once the wedding gifts arrive at the home of the wedding party.

• Wedding Cake and Flowers: Reimbursement for any direct physical damage to or loss of the wedding cake or flowers for a specified number of days prior to the wedding an up until the conclusion of reception.

• Photographs, Video, DVD or Other Medium: Reimbursement for the photographer’s or videographer’s expenses incurred to correct, or retake the wedding photographs or other medium within a specified timeframe from the actual wedding event.The following are some of the riders that can be added to the standard wedding insurance package policy for an additional premium to address the policyholder’s specific needs:

• Honeymoon: Cancellation of the honeymoon due to illness, bad weather or other specified circumstance.

• Liability Insurance: Liability insurance if the ceremony and or reception is held at a site that doesn’t carry liability insurance such as a private residence. This provides coverage in the event a guest sustains personal injury or causes injury to someone else.

• Military Service: If the bride or groom are in the military or active reserves, coverage is provided if  they are called into service and the wedding has to be postponed.There are conditions, limitations, and exclusions that are outlined in the policy wording. It is important to consult an insurance broker for expert advice. You will want to ensure you have the appropriate coverage to address loss to property as well as against lawsuits for personal injury to a guest or caused by a guest.

Need law guidance? Visit us here. 

The Benefits of Snow Tires

In April 2015, the Ontario government announced that insurance companies will be required to offer drivers a discount for choosing to put snow tires on their cars and trucks. The government stopped short of following Quebec’s lead in making winter tires mandatory.

In Quebec, winter tires need to be installed by December 15 each year and remain in place until the following March 15. Quebec’s Ministry of Transport found that the implementation of mandatory winter tires made an immediate impact. There were five percent fewer victims of motor vehicle accidents in the first year of the program as compared to the five years prior to the mandatory requirement.

Winter tires work because they have enough rubber to stay soft and flexible in the cold. Winter tires are less slippery than all-season tires because they contain silica, which is like sand, and gives winter tires a biting edge on slippery snow. Winter tires also have tread design features that push away water, slush, and snow so that drivers can corner and brake safely. All-season tires by comparison get hard and lose their effectiveness when temperatures dip below seven degrees Celsius. All-season and summer tires are more prone to clog with snow creating an unsafe and slippery driving surface.

Winter tires will not prevent a car accident but they do provide better protection for you, your family, and other drivers. If you, or someone you know, has been injured while driving on winter roads a personal injury lawyer can help. Do you fit in to our areas of practice? Contact Oatley Vigmond today for more information.

Insurance and Risks of Misrepresentation

When you apply for insurance, you have a duty to disclose all relevant information and be honest in answering every question. Failing to do so can amount to misrepresentation which may lead the insurer to void the policy or deny you coverage.

Material misrepresentation simply means failing to report or falsely reporting any important information that would prevent the insurer from properly assessing the risks of insuring the policy holder.

Voiding the insurance policy means that the insurance contract was invalid from its inception. This is because from the very beginning, the policy holder failed to provide the information that the insurer required to assess the risks of insuring him or her. Even if the insurer does not void the policy, the insurer may still deny coverage based on material misrepresentation.

The insurer may also refuse to defend the insured in a lawsuit. A lawsuit starts by the plaintiff making certain allegations against the defendant in a document called the Statement of Claim. If these allegations fall within the scope of the coverage in the insurance policy, the insurer will have a duty to defend the named defendant in the lawsuit. This means covering all legal expenses.

However, if the policy holder has materially misrepresented, the insurer may refuse to defend its policy holder when he or she gets sued. This means the policy holder will be personally responsible for the lawsuit instead of the insurance company.

For these reasons, it is very important to be truthful to your insurance company, and provide them with all relevant information. Failing to do so can result in disastrous and unknown consequences. For any questions or concerns, feel free to visit us here.

Tips for Driving Undistracted

Distracted driving has been receiving a lot of attention in the last couple of years and most

people are aware of how dangerous it can be.

 

However, despite knowing the dangers, many people cannot resist the urge to pick up their phones while driving.

 

To avoid becoming a distracted driver and putting yourself, and others at risk, there are many tips and tricks that can help you remain undistracted by your phone while driving.

 

 

These tricks include:

1. Keep your phone out of arms reach. Placing your phone in the glove compartment or in the back seat will greatly reduce the urge of checking an incoming text.
2. Turn your phone off while driving. If you cannot hear your phone ring or chime, then you will be less likely to pick it up.
3. Download an anti-texting app, such as Drive Mode or Text Star. Often times, people feel obliged to answer calls or texts immediately – many feel it is rude not to! These apps can help with that concern. They can block texts from being received on your phone while driving or they can send automatic texts back, which state that you are currently driving and will text back when you are safely parked.
4. Do not text or call others when you know they are driving. Preventing distracted driving can be done from outside the car. Do not be the person who creates that temptation for other drivers.
5. Have a friend or passenger operate your phone. Having a “designated texter", when available, is always a great option to avoid distracted driving.

By following these tips, and remaining undistracted while driving, you can help prevent a very serious motor vehicle accident. Texting drivers are 23 times more likely to be involved in an accident, and according to the National Safety Council, more than 100,000 motor vehicle crashes a year involve texting and driving.

 

The next time you get behind the wheel, try to think of other drivers and passengers on the road as your own friends and loved ones. It may just make you think twice about giving into the urge to grab your phone while driving.

 

 

By: Liane Shepley

Distracted Driving: More Than Just Texting

Distracted driving can be defined as any activity that takes a driver’s attention away from driving. Therefore, contrary to popular belief, distracted driving can include far more than just texting. The top five examples include:

•Eating and drinking;
•Talking to passengers;
•Grooming, such as applying make-up or checking appearance in a mirror;
•Using a navigation system; or
•Changing the radio.

While these sorts of activities would not lead to a charge under the distracted driving legislation enacted in Oct. 2009, police officers retain a wide range of discretion when charging drivers who endanger the safety of others. For instance, a police officer could charge a driver with carelessness. This charge results in six demerit points, fines up to $2,000, and/or a jail term of six months. In some cases, the driver’s licence could be suspended for up to two years!

The consequences could be even more severe if the distracted driver causes serious injury or death to others. In those cases, police could charge the distracted driver criminally with dangerous driving, which carries a jail term of up to 10 years in the instance of bodily injury and 14 years in the instance of death.

While other types of distracted driving, such as eating or drinking, are not specifically prohibited under the distracted driving legislation, common sense should prevail. The occasional sip of coffee is likely harmless as long as the driver keeps his/her attention on the road but let’s avoid “rolling up the rim” while driving. The consequences could be dire.
By:Liane Shepley

Drowning

Drowning is the second leading cause of preventable death in Canada amongst those under 5 years of age.   Lack of proper supervision plays a role in 85% of these tragedies.  

If you are responsible for children around a pool keep a close eye on them.  Better yet, keep a close eye on them and be within arm’s reach or put a life-jacket on them.   

By: Troy Lehman

Drinking & Swimming

There is nothing wrong with having a couple of alcoholic drinks in or around the pool on a hot summer day.  However, if you are responsible for supervising children you should limit the amount you drink.   Drinking to intoxication and swimming can be a dangerous combination.  According to the Lifesaving Society, alcoholic beverages are involved in more than 1/3 of all Canadian preventable water-related deaths.

By: Troy Lehman

Diving Boards

Diving boards used to be common in backyard pools.   They are becoming less and less common because most pools are not deep or large enough to permit their safe use.   Just because a pool has a diving board does not mean it is safe for diving.   Many older pools with diving boards were built before standards were updated.   If you are installing a diving board in a background pool make sure the installer is aware of and is complying with modern standards.  

By: Troy Lehman

Diving and Spinal Cord Injury

Diving is the leading sports-related cause of spinal cord injuries.   Most in-ground backyard and hotel pools are unsafe for diving.  A “deep end” that is too shallow or short to prevent people from striking their heads on the bottom of the pool is unsuitable for diving.   The Lifesaving Society’s Standard for a minimum safe water depth for diving entries off the side of a pool is 2.5 meters (over 8 feet).

By:  Troy Lehman

Water Tubing: Be Safe, Have Fun!

Water tubing can be a lot of fun for children and adults alike, but the fun stops quickly when someone gets hurt. Remember to always wear a PFD, have a spotter, use a secure tow line, avoid using multiple tubes, and most importantly, drive responsibly. The driver should always be alert, sober, and have a solid grasp of boating rules and regulations.

By: Adam Little

Safe Boating Speed

In Ontario, there is an unposted speed limit of 10 km/h on all waters within 30 meters of the shoreline, unless posted otherwise.

We all know that high speed in a car can lead to disaster, but we don’t often think the same way about boats. Remember, boats don’t have brakes and are not as easy to control as cars.

Always travel at a safe speed when boating, especially near the shoreline.

By: Adam Little

Drinking and Boating

Operating a boat while intoxicated by alcohol is illegal throughout Canada, and carries the same penalties as drinking and driving a car.

 

In Ontario, no one is allowed to consume alcohol while on a pleasure craft, unless it is anchored and meets certain minimum requirements (including a permanent onboard toilet facility).

 

Drink water on the water, and save your beer for the pier!

By: Adam Little

Boating Licenses

Did you know that all power boat operators in Canada must now carry with them proof of competency regarding boating safety (usually a Pleasure Craft Operator Card issued by Transport Canada)? In order to obtain a card, the operator must pass an accredited boating safety test, usually done on-line. Failure to carry proof of competency could result in a minimum fine of $250, so next time you head out on the water, make sure you bring your Pleasure Craft Operator Card!

By: Adam Little

Life Jackets & PFD’s

Life jackets & PFD’s save lives. But they can’t help save you if you don’t wear them. Hundreds of Canadians drown every year, and the vast majority of them (almost 90%) were not wearing life jackets or personal floatation devices when they died. Having a life jacket nearby is not enough. Life jackets and PFD’s should be worn at all times when on or near the water.

By: Adam Little

Bicycle Safety – the Cyclist and Driver Relationship

Bicycles are classified as vehicles and riders have the same rights and responsibilities as all other drivers on the road. They are obligated to use hand signals, have appropriate lighting, have working bells, and obey the rules of the road.

Time and again, news sources report on cases of cyclists being hurt and injured as a result of traffic accidents. Both parties, cyclists and drivers, have a responsibility to share the road, follow the Highway Traffic Act, and they must recognize and respect one another.


As a Cyclist
· Cyclists who travel at a lower speed than other traffic should ride about one metre from the curb or other parked cars, or as practical to the right-hand edge of the road as possible where there is no curb.

· These cyclists are permitted to use any part of the lane if necessary to avoid obstacles, cross railway tracks at a 90-degree angle, or to discourage passing where the lane is too narrow to be safely shared.

· Cyclists who travel at or faster than the normal speed of traffic are not required to ride close to the right edge of the road; these cyclists may occupy the lane like any other vehicle.

· Cyclists intending to make a left turn are also permitted to leave the right edge of the road.

· Intersections can be particularly dangerous for cyclists. Cyclists should use extreme caution when approaching intersections and should carefully scan the environment.


As a Driver
· Drivers have a responsibility to use caution around cyclists.

· Drivers should try to give at least one metre of room between their vehicle and the cyclist who they are passing; drivers should change lanes to pass a cyclist whenever practical.

· Drivers should slow their speed if possible and refrain from using a horn unless absolutely necessary as to do so may otherwise scare the cyclist and cause him to lose control.

· If a driver is waiting to pass a cyclist, he should not follow the cyclist too closely as the cyclist may have to suddenly stop or slow.

· Drivers should use caution and actively look for cyclists at intersections. In particular, drivers turning right should look to their side-mirrors for rear-approaching cyclists.

· Drivers should afford particular care and attention to young cyclists; kids often will not have the experience or awareness that adult cyclists would otherwise be expected to have. Kids may react to vehicles in unexpected ways and may have less care and control of their bicycles.

As with any motor vehicle accident, drivers must stop in the event of an accident involving a cyclist. In the field of personal injury law, we represent a tragic number of clients who are involved in hit-and-run accidents while cycling. Fleeing a scene is never an option.

What to do After a Car Accident

Car accidents are unfortunately common. In the best case scenario, they are minor in nature and just ruin your day. On the other hand, they can result in serious injuries that may undermine your long term health, your ability to work, and even your capacity to care for yourself and your family.

If you are involved in a car accident, take the following steps:

Stay put: Do not leave the scene. Do not move your vehicle. Stay in your car unless doing so puts you at risk of further harm. If you do leave your car, move to a place of safety. Call the police and wait for help to arrive.

Motor Vehicle Accident Report: When the police arrive, the investigating officer will speak to the parties and fill out a brief form called a Motor Vehicle Accident Report. This form contains the identification and insurance information of the parties, as well as details of the accident. You are entitled to a copy of this form. You may also ask the officer for his or her card for future reference. Following the accident, consider taking down your own notes of how the accident happened. It is also important to take pictures your vehicle and injuries for your records.

Accept medical attention: If you are injured, proceed to the nearest hospital by ambulance or other means. Sometimes symptoms set in hours or days after an accident. It is equally important to seek medical help in these cases. Follow the recommendations of your treatment team, document your symptoms and seek ongoing care as needed.

Contact your auto insurer: In Ontario, if you are injured in a motor vehicle accident you are entitled to certain benefits from your own insurance company regardless of fault. These benefits include medical and rehabilitation benefits, attendant care benefits, income replacement benefits, and other forms of support. To access these benefits, you must disclose details of the accident and injuries. Your insurance company will require your personal health, employment and care records to determine your eligibility. Various important deadlines apply for accessing these benefits so it is important to contact your insurance company as soon as possible to ensure no deadlines are missed.

Get legal advice: Dealing with the fallout of the car accident is overwhelming. When you find yourself at your most vulnerable, you will be asked to understand legal regulations, provide personal information, and keep track of important deadlines. A reputable personal injury lawyer can protect your interests by advising of your rights and guiding you through the system.

By: Azin Samani

The Science of Sleep

It may seem obvious that sleep is beneficial. Even without fully grasping what sleep does for us, we know that going without sleep for too long makes us feel terrible, and that getting a good night's sleep can make us feel ready to take on each day. Unfortunately, most people don’t get enough sleep. Going without sufficient sleep carries with it both short- and long-term consequences.

 In the short-term, a deficiency of sleep can negatively affect your mood, as well as your ability to make good decisions, learn and retain information. By not getting enough sleep you can also increase the risk of a serious accident and injury.

In the long-term, sleep deprivation will lead to a wide range of health problems, including but not limited to obesity, diabetes, cardiovascular disease, and even early mortality. Sleep deprivation also has a major impact on cognitive functioning as well as on emotional and physical health.

Sleep plays such a vital role in a person’s rehabilitation after suffering a serious injury as a result of an accident. It will help control weight gain, if immobilized, heal the body and mind faster, and provide you with an increased ability to get back to the quality of life you had prior to the injury.

Scientists have gone to great lengths to fully understand the benefits of sleep. In studies, they have discovered that sleep plays a critical role in immune function, metabolism, memory, learning, and other vital functions.

Being chronically tired to the point of fatigue or exhaustion means that we are less likely to perform well. Neurons do not fire optimally, muscles are not rested, and the body’s organ systems are not synchronized.

By: Steven Smyth

Spring is Motorcycle season, are you ready to ride?

Motorcycles can be exciting and fun, but riding a motorcycle comes with risks. Unlike an enclosed vehicle like a car or truck, there is no buffer between you and the road should you fall or be involved in an accident while on your motorcycle. As such, it is very important to protect yourself which means ensuring that you are fitted with the proper protective gear.

Although riding gear can be costly, no one has ever regretted wearing proper protective gear. If proper gear is not worn, even a minor misadventure at a slow speed can cause injuries.

Below are the 3 essential protective pieces that you should ensure to have before going out on your motorcycle:

Helmet

A helmet is the most important part of your gear so you should not skimp on the quality of the helmet. Head trauma is usually the worst injury a rider can suffer and it is also the leading cause of death. Helmets will help to absorb the impact and protect your brain. Helmets should have one of the following noted certifications:

· U.S. DOT certification based on FMVSS 218

· SNELL M2010

· ECE Regulation 22.05 certification

A helmet is only good for five years from the date it was manufactured. After the five year mark, the shell may begin to degrade and will impede your safety. When choosing a helmet ensure it fits snugly. A full face helmet is recommended which also provides protection to your jaw and face. Consider choosing a brightly coloured helmet which will help with night visibility.

Jacket and Pants

These pieces need to be worn to prevent abrasion injuries. Your clothing should fit properly and the padding/armor should locate accurately on your joints and hold to you tightly. Loose fitting clothing will shift and will not provide proper protection.

Boots and Gloves

Boots and gloves are required to help protect your skin and the delicate bones in your feet and hands which can be easily crushed if not properly protected. Your boots should be made of heavy leather and have a flexible rubber sole. The sole should be oil resistant and have a good grip. The boot should fit over the ankle and also have armor protection around the ankle area. Gloves should extend past your wrist and wrap around your wrist tightly with a retention strap. They should also have impact protection on the knuckles, palms and wrists.

Ride safe and enjoy.

By: Carmela Lamacchia

Leaving the Scene of an Accident

The law requires that you remain at the scene of a collision. Failing to remain is a serious offence and can result in convictions under both the Highway Traffic Act and the Criminal Code. If you are convicted under the Highway Traffic Act, you could receive a fine between $400 and $2,000, or imprisonment for up to six months. Your license could also be suspended for up to two years and face up to seven demerit points. If convicted under the Criminal Code, you could face imprisonment of up to five years. This could increase to 10 years imprisonment if you were involved in an accident where you were aware another was injured. 

Failing to remain at the scene of an accident can also impact a civil lawsuit. If you are sued by a person who was injured in the accident and they claim it was your fault, and you failed to remain on scene, it could negatively affect your case in two important ways. Firstly, a failure to stay at the scene could be interpreted as an admission of fault. Members of a jury could interpret you leaving the scene as an attempt to avoid punishment that you know would have inevitably resulted given that you were at fault for the accident.  Secondly, leaving the scene could negatively affect your credibility and likability as a witness with a jury. Generally speaking, people want to help and believe those who they like. Fleeing the scene of the accident could make you seem dishonest, untrustworthy, cowardly, and unlikable. This is significant as it could lead members of the jury to preferring the evidence of the injured person who sued you if the evidence of how the accident occurred is disputed.  

By: Karen Vigmond

Yellow Light and Left Hand Turn Accidents - Who’s at Fault?

When there has been a motor vehicle accident in an intersection with two vehicles, it is common for both drivers involved to believe they had the right of way.  In these types of situations, the accident could likely have been avoided had each driver had a better understanding of the law and the rules of the road.

Frequently, accidents that occur in an intersection, poor weather conditions aside, one driver was proceeding straight through an intersection and the other driver was attempting a left hand turn on a yellow light. The driver going straight through the intersection believes they have the right of way to clear the intersection and the driver making the left hand turn believes the driver going straight must stop and therefore they have the right of way to make their turn. So, who is at fault?

Generally speaking, the driver attempting the left hand turn will be responsible. Under the Highway Traffic Act, a driver attempting a left hand turn has the responsibility to wait to make their turn until it is safe to do so, maintain a proper lookout, and yield to oncoming traffic. Furthermore, a driver facing a yellow light is permitted to proceed through the intersection if they deem it unsafe to stop.

Some may argue that the left turn driver is entitled to assume that the straight through driver will stop as they are required to do so under the Act,provided it can be done safely. However, what is considered “safe”? What one driver may consider safe in these circumstances may not be the same as another. Therefore, it should never be assumed that the straight-through driver will stop. This assumption unfortunately results in many avoidable accidents.

If it can be established that the straight-through driver was speeding, ran a red light, or could have safely stopped on the yellow light, then that driver may bear some portion of fault for the accident. This will typically require evidence from witnesses and reports from police officers and/or other professionals that are trained in accident reconstruction.  

By: Karen Vigmond

The Importance of Seatbelts

It is very important to wear your seatbelt whenever you are in a motor vehicle. Wearing your seatbelt is an effective tool to prevent or minimize serious or fatal injuries that may occur as a result of a motor vehicle accident. Recent statistics show that people in collisions are 36 times more likely to be killed if they were not wearing a seatbelt.

If the safety aspect of wearing a seatbelt is not convincing enough,  it is the law. The Highway Traffic Act states that every driver of a motor vehicle is required to wear their seatbelt. The act states that it is the driver’s legal responsibility to ensure that any passenger under the age of 16 is wearing their seatbelt. Failing to wear your seatbelt can result in a fine and demerit points. According to Ontario’s Ministry of Transportation, a person can be fined between $200 and $1,000 and receive two demerit points for not buckling up.

Failing to wear your seatbelt and getting into a motor vehicle accident can also have a significant impact on your lawsuit. In this type of situation, , you will likely be considered partly responsible for your injuries. In the legal industry this is called contributory negligence. You have contributed to your injuries by failing to take reasonable steps to protect yourself. A person can be found anywhere from 0-25% responsible. The significance of the percentage of responsibility that you are found to have, is that it reduces the amount of money you are entitled to. For example, if you are awarded a total of $100,000.00 and you are found to be 20% at fault, that $100,000 is reduced by 20% to account for your contribution to your injuries. You would therefore only be entitled to $80,000.

To avoid the above noted risks and consequences, be sure to always buckle up and encourage others do the same. 

By: Karen Vigmond

Why Time is Important When Hurt in a Collision

When you have been injured in a motor vehicle accident it is important to speak to a lawyer as soon as possible. There are two reasons for doing so. First, there is legislation in Ontario that limits the time in which an individual can bring a lawsuit forward. For the vast majority of cases, this time frame is two years.  For a personal injury matter, this generally means that the injured person will have two years from the date of the incident to start a claim against the at fault party. After the limitation period has expired, it is very difficult to bring a lawsuit forward. Although there are circumstances where a claim may be successful if brought beyond this time frame, these circumstances are very rare.

The second reason an injured person should contact a lawyer as soon as possible is because there may be benefits available that they are unaware of. In Ontario, if an individual is injured in a motor vehicle accident they have access to “statutory accident benefits”. These benefits are accessible to someone even if they are at fault for the accident. These benefits include income replacement benefits, medical and rehabilitation benefits, and attendant care benefits. They can help pay for treatment needed as a result of the injuries suffered from the collision, like physiotherapy, massage therapy, or chiropractic treatment. These benefits can also help supplement your income if you are unable to return to work. Furthermore, if you were seriously injured and required help with your personal care, there are benefits to cover this. Accessing these benefits can be difficult and overwhelming so hiring a personal injury lawyer who understands and is familiar with this system will help you receive all of the benefits you are entitled to.

By: Karen Vigmond

Brain Injury and the Glasgow Outcome Scale:

Traumatic brain injuries can occur as a result of many unfortunate and unexpected accidents. These include but are not limited to sporting accidents, slips, trips and falls, assaults, and motor vehicle accidents.

In Ontario, individuals who suffer a brain injury as a result of motor vehicle accident are usually able to access benefits through their own auto insurance company to help with their recovery. These benefits can include medical and rehabilitation benefits, attendant care benefits, income replacement benefits, and others.  For those who have been very seriously injured in car accidents, the benefit limits may be as high as $1,000,000 for med/rehab and $1,000,000 for attendant care if it is confirmed that the injured person is catastrophically impaired.

There are several ways that a person might be declared catastrophically following a car accident.  The legislation confirms one of the catastrophic application criteria as related to brain injury: if a person suffers brain impairment that results in a score of 2 (vegetative) or 3 (severe disability) on the Glasgow Outcome Scale (GOS) according to a test administered more than six months after the accident, by a person trained for that purpose, then they will be declared catastrophically impaired.

The GOS is a test designed to consider the outcomes of people who have suffered traumatic brain injuries. A person who has suffered brain injury will be scored within one of the five following categories:

1. Dead
2. Vegetative State
3. Severely Disabled
4. Moderately Disabled
5. Good Recovery

As noted above, for the purposes of pursuing a catastrophic application a person must either be found to be in a vegetative state or to have a severe disability as a result of brain impairment.

A vegetative state is a state in which a person is alive, but unresponsive. This person would not be able to speak or obey even simple commands, but may have some spontaneous actions such as breathing, reflex responses, and eye-opening.  Experience tells us that catastrophic applications are not frequently pursued on the basis of this score as, with this significance of the injury, there are often other, more immediate, avenues for application available.

It is with greater frequency that catastrophic applications are pursued on the basis of brain impairment that results in a GOS score of 3 (severe disability). In contrast to the vegetative state category, a person with a severe disability is conscious but requires assistance for daily activities. The extent of the need for support can range from total dependency to a much less significant dependency, but the score does require that the assistance be needed on an everyday basis. 

Otherwise, the moderate disability category, a score of 4 on the GOS scale, would be applied to someone who does not require assistance in his everyday life. This person might return to school or work but may require accommodation.

By: Michelle Baumann