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