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.