Oakville Personal Injury Lawyer Blog

Train accidents leads to changes

2013-06-14T19:44:02Z

An accident occurred in February 26, 2012 in Burlington, claiming the life of Ontario VIA Rail workers. Canada's Transportation Safety Board is now recommending that the trains install controls that are made to automatically stop the vehicles when they do not notice train signals in order to prevent similar fatal accidents in the future. The board is also expressing concern over the medical fitness assessments of workers who are in safety-critical positions.

The accident occurred north of Hamilton after a passenger train derailed. The VIA Rail No. 92 train was traveling from Niagara Falls to Toronto. After it left a station on the way, it was in a crossover area with a speed limit of approximately 24 km/h. The train was going about 107 km/h at the time and derailed. The locomotive and the first coach car slid down a nearby embankment, causing the death of three locomotive engineers. A puncture occurred to the fuel tank, causing about 4,300 litres of diesel to be released. A VIA Rail service manager was injured due to the accident, along with 44 passengers.

]]> The train that was involved in the accident passed a "clear to slow" signal, indicating that the speed limit was about 24 km/h. Toxicology reports also indicated that the conductor had alcohol and prescription medication in his system at the time of the accident. The Transportation Safety Board said that conductors misidentified, misinterpreted or did not recognize a signal indication approximately 11 times each year. Although the statistical probability of an accident are low, the Transportation Safety Board expressed concerns that the public may face dire consequences when freight trains carry dangerous goods. The Transportation Safety Board said that this potential danger called for the need to make the installations.

Ontario personal injury lawyers help victims' families file wrongful death claims. These lawsuits hold companies responsible when their negligence causes the loss of a loved one.

Source: Canadian Underwriter, "Transportation Safety Board recommends changes due to fatal Ontario VIA Rail accident", June 11, 2013

Air ambulance helicopter kills four

2013-06-07T19:11:04Z

An air ambulance helicopter crashed, killing four people in the process. The fatal accident resulted in the death of two pilots and two paramedics, one of whom was from Burlington.

The fatal accident occurred during takeoff when the pilots were attempting to leave Moosonee in Northern Ontario late at night. The helicopter was only 1.1 kilometers away from the Moosonee airport when it crashed into dense bush. At the time of the accident, there was light rain. The helicopter emitted its last radio signal at 12:11 a.m. at the time of the crash, and the pilot had communicated with the crew right before the helicopter took off. Military rescue crews responded. The Joint Rescue Coordination Centre sent a helicopter and a C130 Hercules in order to move the debris from the accident scene. Witnesses said that they saw smoke and flames at the accident site.

]]> The COO of the helicopter company said that the helicopter was a Sikorsky S76 that was built in 1980. According to the COO, the helicopter was regularly maintained. Two more helicopters of the same model have been removed from service in order to undergo checks. A similar accident occurred with the same model helicopter in 2008, but the individuals in that crash all survived. Authorities are conducting an investigation into the crash. The health and safety committee of the union in which the workers were a part of will also be involved in the investigation.

When a person dies due to the negligent actions or lack of actions by another party, the victim's family may be able to pursue a wrongful death lawsuit. Ontario wrongful death lawyers may be able to assist the victim's family by conducting an investigation into the victim's death and by determining the parties who may be responsible for the accident.

Source: insidehalton.com, "urlington paramedic killed in crash of air ambulance", Lesley Ciarula, May 31, 2013

Deceased rugby player memorialized

2013-05-31T20:48:03Z

A teenage girl in Ottawa died on May 12 after sustaining an injury during a rugby game. The girl sustained a brain injury the week before her death when she was involved in a hard tackle. The rugby community is honoring her memory while teaching players about safety during an upcoming tournament.

The girl was 17 years old. She slipped into a coma after sustaining the injury and was removed from life support a few days later. The tragedy has helped influence a renewed interest regarding safety gear. Scrum caps provide head protection, and they are sometimes used in rugby. However, high school players are only required to wear a mouthguard. No players were wearing these caps at the time the teenage girl sustained her injury. Another player who recently sustained a head injury during a game when she was tackling another player said that she would take the weekend off due to the teen's death. She said that she understands why she needs to be on the sideline and that the tragedy has made everybody more cautious.

]]> Organizers taught players to recognize head injury signs. They are hoping to raise awareness regarding traumatic brain injuries. While no legal filings have occurred, a case of this nature could possibly involve a negligence claim. Organizers of the support should monitor players who have knowingly suffered a head injury. If a player has a serious concussion, he or she should seek medical treatment immediately.

Ontario personal injury lawyers help clients who have been injured due to the negligence of others. They may be able to help clients seek compensation when the negligent party has not acted in accordance with their duty of care and caused damages.

Source: CBC News Ottawa, "Fallen rugby player remembered at tournament", May 17, 2013

Multi-vehicle crash in Ontario

2013-05-24T21:22:02Z

Ontario Provincial Police responded to a report about an accident involving a garbage truck and four vehicles on Highway 401 in Cambridge. The police closed all westbound lanes in response to the car accident, the detours causing gridlocked traffic on nearby roads.

The accident occurred in an area just west of Hespeler Road and about a kilometre away from Speedsville Road bridge just before 8 a.m. on May 16. According to police, the accident occurred when a tractor trailer transport truck that was carrying garbage collided with the rear of a number of vehicles. Waterloo Region paramedics treated injured people at the scene of the accident. Three people sustained minor injuries.

]]> When a car collision involves a large commercial truck, victims may sustain serious injuries, including brain injuries, spinal cord injuries and injuries that result in permanent disability. Victims may be able to seek financial compensation for their medical expenses, lost wages, pain and suffering and other damages that they sustained due to a car accident caused by a drunk driver, distracted driver or negligent driver.

Personal injury lawyers help victims to seek compensation when an auto accident that resulted in their injuries was caused by a negligent driver. This driver may demonstrate negligence by drinking and driving, texting and driving, disobeying traffic laws, speeding or driving in other unsafe manners. While the police may conduct an accident investigation to determine criminal liability, a personal injury lawyer may conduct his or her own investigation if the police officer's report is incomplete or thought to be inaccurate.

Source: The Record, "Multi-vehicle crash closes Hwy 401 westbound in Cambridge on Thursday", Kevin Swayze, May 16, 2013

Pair of Ontario crashes claims one life, injures others

2013-05-17T19:11:02Z

Ontario Provincial Police responded to two serious accidents that occurred early in the morning of May 9 by St. Catharines. One of the accidents was a fatal motor vehicle accident, and the other involved victims sustaining serious injuries. Several individuals had to be transported to hospitals for treatment related to the accidents.

The first accident occurred on the Queen Elizabeth Way. The accident involved two passenger vehicles and two tractor trailers on Highway 406 that occurred as a chain reaction and resulted in the death of one of the individuals involved; three other individuals sustained injuries that were considered life-threatening. The police stated that the highway was closed in both directions near the crash location and that the highway was considerably damaged.

]]> The second motor vehicle accident occurred on the Gardiner Expressway by Kipling Avenue in the west-end portion of Toronto. The accident happened after a vehicle stalled on the roadway and another vehicle hit the back of the stalled vehicle at approximately 3:20 a.m. A man in his 50s was reportedly stuck inside the stalled vehicle and had to be extricated by an emergency crew. The man was then taken to a nearby hospital. Another man and two women were also involved in the accident and were transported to the hospital. The injuries of the last three individuals were not considered to be life-threatening. The roadway was also closed for this accident.

Ontario personal injury lawyers can help surviving victims by bringing forth a personal injury lawsuit. If the victim dies, these lawyers may bring forth a wrongful death lawsuit, which rests on the claim that the negligence of another caused the motorcycle accident, trucking accident or other type of accident. Through such a claim, the families of victims may pursue compensation for the loss of a loved one, including damages for medical expenses, funeral expenses and pain and suffering.

Source: The Record, "One dead, 3 badly injured in chain reaction crash near St. Catharines", May 09, 2013

Hands-free texting no safer than manual texting when driving

2013-05-15T14:46:03Z

Many Ontario drivers assume that using cell phones with a hands-free headset while driving is inherently safer and less distracting than holding the phone up to their head. This perception is reaffirmed by widespread laws that prohibit cell phone use while driving but make an exception for hands-free use. However, the Canadian Automobile Association asserts that these laws provide no benefit and potentially make the distracted driver problem worse by encouraging drivers to place phones out of sight while talking freely on headsets, potentially resulting in more frequent car accidents and serious injuries.

An analysis by the Ontario Medical Association indicates that cellphone use while driving impacts reaction time, visual concentration, and cognitive function, regardless of whether a hands-free set is used, resulting in more instances of panic braking and decreased distance between vehicles.

]]> Additionally, a recent study by the Southwest Region University Transportation Center and Texas A&M University indicates that automated voice-to-text systems, which are becoming increasingly popular and integrated into many car systems, are also no better than manual texting. Researchers found that driver response times while using any texting method were nearly twice as long as when driving undistracted. Drivers spend less time actually looking ahead when texting, even when using a voice-to-text system. Although drivers reported feeling safer when using voice-to-text rather than manual texting, their driving performance suffered equally.

Distracted driving is a serious problem that will likely only get worse with the introduction of voice-command systems. Victims of car accidents due to distracted driving may want to consult a car accident attorney to review potential avenues for recovering compensation.

Source: Technology Tell, "Siri voice texting no safety remedy for distracted driving �� reaction times still double", Charles Moore, May 04, 2013

Ontario limits benefits for car accident victims

2013-05-03T11:54:01Z

In September of 2010, medical benefits provided by insurance companies for victims in car accidents were reduced in Ontario. Previously, car insurance providers in Ontario offered $100,000 in expenses for treatment that the health care system would not cover for victims. Once reduced, the amount became $3,500 for victims who only had minor injuries from an accident. The intent of the reduction was to save people money. However, that has not been the case as most still pay the same amount or possibly even more.

Due to a recent victim's experience, it has now come into question how it is determined that minor injuries suffered in a motor vehicle accident are, in fact, only minor. This victim claimed that he had more than just soft tissue injuries, and there was no proof indicating that the injuries from the accident were not severe.

]]> It has now also come into question whether it is the responsibility of the insurance provider or the victim's responsibility to determine the severity of injuries caused in a car accident. Some claim that the law sways in the victim's favour as the insurance company would have to prove that injuries were not severe enough to fall out of the minor guidelines. However, many victims argue that they only received benefits for minor injuries even though no thorough examination of the damage that was caused ever happened, and they may have actually had more serious injuries.

Victims of a car accident who believe that their injuries are more serious and costly may want the opinion of a lawyer. A lawyer might be able to determine potential compensation and assist the victim in learning their options.

Source: thestar.com, "Accident victim wins challenge to Ontario's $3,500 minor injury cap," Ellen Roseman, 28 April 2013

Ontario cyclist dies in Scarborough car accident

2013-04-25T18:48:30Z

A car accident in Scarborough involving six vehicles resulted in the death of a cyclist on the evening of April 13. After the driver struck the cyclist, he reportedly continued driving, plowing into five other vehicles before stopping.

The fatal accident occurred on Kennedy Road and Highway 401 at approximately 6:45 p.m. when a Dodge Durango exited off Highway 401. The driver passed through a red light and then hit the 37-year-old cyclist, who was traveling on Kennedy Road. The driver then continued driving, colliding with four vehicles. Finally, the vehicle crashed into a final vehicle in the northbound lane on Kennedy Road. The driver was arrested for impaired driving, and charges are pending against him at this time.

]]> The cyclist was reportedly thrown between 30 to 40 metres into the intersection after being hit by the vehicle. Emergency respondents did not detect any vital signs from the cyclist, and he was pronounced dead at the hospital one hour later. One of the individuals in one of the vehicles sustained serious injuries and was also taken to the hospital. This individual was reported to be in serious condition. Five other individuals were injured in the car accident, and they sustained minor injuries.

When a person acts in a negligent manner, he or she may be held civilly liable for injuries that he causes to other individuals. Injured victims may consult with an Ontario lawyer with experience in personal injury cases, who can help them prove how the defendant was negligent by acquiring police reports and witness statements regarding the actions of the driver. The surviving family of an injured victim may be able to receive financial compensation for funeral expenses, medical expenses, lost potential future income, and damages for pain and suffering via a wrongful death claim.

Source: The Mississauga News, "Cyclist killed in six-car crash," 14 April 2013

Ontario commission could make collecting insurance easier

2013-04-17T20:35:30Z

A Financial Services Commission of Ontario arbitrator recently issued a ruling that may make it easier to collect insurance benefits under the minor injury guideline. The provincial government placed a $3,500 cap related to injuries that fell under the minor injury guideline in 2010 as part of a larger move to reduce potential liability for insurance companies, yet the arbitrator determined that this may not be true for all victims of car accidents in Ontario.

The arbitrator in this case ruled that individuals who had injuries that would typically fall within the minor injury guideline could receive treatment beyond the cap if they could provide credible evidence that they suffered from a pre-existing condition that prevented them from acquiring maximum recovery. Specifically, the arbitrator ruled that an insured could receive damages for housekeeping, medical expenses, rehabilitation expenses and attendant care past the $3,500 cap because the car accident victim had pre-existing conditions and psychological difficulties that were aggravated by the car accident.

]]> While this ruling could make it easier for certain individuals to collect insurance benefits following a car accident in Oakville, it also highlights a problem that many victims of car accidents face: insufficient funds for recovery. If someone's injuries fall under the minor injury guideline, he or she will only recover a certain amount from an insurer, but that amount may not be enough to truly cover the extent of his or her injuries, which is one reason why car accident victims file personal injury lawsuits.

When an Ontarian suffers injuries in a motor vehicle accident, he or she may be able to hold the driver responsible for the accident liable. By working with a car crash lawyer, he or she can seek compensation for his or her injuries and other damages related to the accident.

Source: Canadian Underwriter, "FSCO issues ruling on minor injury guideline in disputed auto claim," 3 April 2013

Ice hockey to blame for half of Canadian youths' brain injuries

2013-04-11T17:45:16Z

According to research conducted by individuals from St. Michael's Hospital in Toronto, approximately half of all traumatic brain injuries sustained by Canadian youths are due to ice hockey. The brain injuries that were included in the study were those that required youths to go to a hospital emergency room for treatment.

While brain injuries sustained in sport may not seem to have any connection to those sustained in car accidents, many of the signs and symptoms are similar. Much like those traumatic brain injuries caused by some kind of motor vehicle accident, ice hockey injuries could lead to confusion, especially when a child tries to concentrate. In addition, a child may have memory loss or a difficulty in remembering things. Moreover, he or she may become emotionally imbalanced or develop a temper, even if he or she never exhibited these personality traits before.

]]> Researchers in the study investigated the cause of brain injuries as part of an extensive study into finding the underlying reasons for the injuries. Researchers hoped that they would be able to develop preventative measures that could be imposed that would stop these injuries from occurring. The researchers studied data regarding 13,000 children between the ages of 5 and 19 who sustained brain injuries between 1990 and 2009 because of sport. It is also likely that a large portion of the children with brain injuries were in some kind of serious accident, like a car crash, that were the source of their brain injuries.

Individuals who have sustained a brain injury or their families may wish to contact an Oakville personal injury lawyer if the injury can be traced back to another person's negligence or carelessness. Taking this step helps the family concentrate on helping the victim recover while the lawyer can attend to the legal matter.

Source: UPI.com, "Canada: Hockey brain injury rate high," 31 March 2013

Parking lot safety can help prevent Oakville car accidents

2013-04-05T17:20:32Z

While many serious traffic accidents occur on Oakville roads, serious accidents may also occur in the city's numerous parking lots. Parents with kids in tow may be injured by a driver who is whipping his or her vehicle around rows of cars. Drivers may become impatient and drive faster than they should. Car accidents in parking lots are not isolated events. In fact, recent research has indicated that approximately 25 percent of the car accidents that occur in one major city occur in parking lots.

Some of the incidents that occur are the result of hit-and-run accidents. However, others are considered by authorities to both parties' fault because their stories are often much different from each other, and witnesses may not be available to support either story.

]]> One provincial insurer suggests that drivers and pedestrians follow a few tips to stay safe in parking lots. One suggestion is to drive in a defensive manner by driving slowly and constantly observing one's surroundings to check for vehicles that may be pulling out or customers walking through the driver's path. When parking, drivers should try to park farther away from the entrance where there tend to be fewer vehicles and better vantage points. If drivers are waiting for another driver to vacate a parking space, they also need to give them plenty of space to back out safely. If possible, drivers should back into the parking space so that they will have a better vantage point when they leave the parking lot.

If drivers find themselves in a parking lot accident, they may be able to get information from an objective witness. They may also get help from a personal injury lawyer in Ontario who could help them recover economic compensation from a negligent driver.

Source: Winnipeg Free Press, "Crash course in parking-lot safety," Gordon Sinclair, Jr., 19 March 2013

Baby dies and parents injured after Ontario crash

2013-03-28T17:37:45Z

Ontario Provincial Police were in the process of responding to a call regarding a broken-down vehicle on the westbound lane of a highway when they learned that a vehicle had crashed into the disabled automobile. The fatal motor vehicle accident took the life of a 17-month-old baby.

According to a media statement, the accident occurred near Fischer Hallman Road in Kitchener at approximately 6:30 p.m. A van crashed into the disabled vehicle that had a family of three inside. A man, woman and baby were all transported to a nearby hospital. The baby was taken to the hospital by medical helicopter but died when she arrived at the hospital. The mother is in critical condition and the man, fortunately, only sustained minor injuries.

]]> The van's driver was arrested by Ontario Provincial Police at the scene of the accident. He has been charged with impaired driving causing death, impaired driving causing bodily harm, dangerous operation of a motor vehicle causing death and dangerous operation of a motor vehicle causing bodily harm. He was also charged with obstruction of justice and possession of marijuana. The Ontario Provincial Police Traffic Support Team is still conducting an investigation into the accident, and they are searching for witnesses to the accident.

Fatal motor vehicle accidents are traumatic experiences for families, especially when children are the victims. Victims' families may choose to consult with an Ontario personal injury lawyer, as they may be able to receive compensation for damages such as medical, funeral, and burial expenses; loss of companionship; pain and suffering; and other related damages.

Source: The Record, "Baby dead, woman critical following Kitchener crash," 17 March 2013

Woman dies in Ontario car accident

2013-03-19T19:22:16Z

A 54-year-old woman's life was taken in a recent car crash in the township of Cumberland earlier this month. The fatal motor vehicle accident involved two vehicles and allegedly occurred when a young driver failed to stop at a stop sign.

At approximately 7:45 a.m., police and paramedics received word of an automotive accident. The scene of the car collision was at the intersection of Beaton and Dunning roads. According to police, the woman was driving northbound, and a 24-year-old man from Ottawa was driving eastbound. Police say that the male driver did not brake at a stop sign. He nearly hit one vehicle before slamming into the woman's car. The impact sent both cars into a ditch on Dunning Road.

]]> The male driver was stuck in his vehicle and emergency personnel were called to extricate him. The woman was pronounced dead at the scene while the male driver received treatment by Ottawa paramedics. The Ottawa Police Service's collision unit is currently investigating the accident. Police believe that speed and alcohol may have been factors in the car accident. The man has been arrested and there are pending charges against him.

When a drunk or negligent driver speeds and causes an auto accident that results in loss of life, the victim's family may be able to pursue a legal claim against the negligent driver. Compensation may be available to the family to pay for medical expenses, pain and suffering, loss of consortium and other types of damages. An Ontario personal injury lawyer may be able to focus on this legal process, allowing the family to concentrate on grieving.

Source: Metro News, "Police arrest driver in fatal Cumberland car crash," Alex Boutilier, March 10, 2013

Hands-free cellphones distract drivers making left turns

2013-03-15T19:29:20Z

A recent study determined that turning left while using a hands-free cellphone could be dangerous. The study was led by a neuroscientist at St. Michael's Hospital in Toronto and explains the higher likelihood of car accidents during left-hand turns.

The study involved seven women and nine men who participated in a simulation exercise. Participants were between 20 and 30 years old and had previous driving experience for an average of seven years. Researchers used an MRI during the simulation and participants wore headphones that communicated distracting true or false questions during the exercise. The participants were asked questions while they were in a driving simulator. Each participant had to make decisions regarding when to turn left on a busy street a total of six times. MRI images suggested that using a hands-free device while driving may affect a driver's vision and alertness and did so more often when the driver was making a left turn than when going straight or turning right.

]]> The study indicated that the human brain has difficulty in making hard decisions at a busy left turn while it is also processing a distracting conversation. Statistics regarding auto accidents support this theory, as more serious car collisions occur when drivers are making left turns at busy intersections.

Individuals who are on the roadways owe it to other drivers to be free from distractions that may affect their ability to focus on the road. An Ontario personal injury lawyer may be able to assist a car accident victim who has been injured by a distracted driver to recover compensation for medical and property damages.

Source: Toronto Star, "Turning left at an intersection and talking on a hands-free cellphone don't mix, study finds," Valerie Hauch, 28 February 2013

Hit-and-run car accident injures pedestrian in Toronto

2013-03-08T21:41:14Z

The Toronto Police Service reported a hit-and-run accident that occurred in the eastern portion of Toronto on the evening of Feb. 25. The car accident occurred by Midland and Eglinton avenues at approximately 9 p.m when an SUV ran over a 44-year-old woman while she was walking.

The victim was trapped under the bottom of the SUV after she was struck, and the driver of the SUV reportedly took off on foot and has not turned himself in. Police are calling for the driver to surrender and are asking anyone with information to contact them. The car accident victim was taken to a hospital. She had serious injuries at the time of her arrival.

]]> When people are injured in car accidents, whether they are drivers, passengers or pedestrians, they may be able to seek compensation through a personal injury claim. Before courts award damages to victims for the injuries that they suffered, the victims' lawyers have to establish that the defendant acted in a negligent manner. For example, because the legal system has little tolerance for drunk drivers, negligence can be established when there is proof that a driver was drunk at the time of an accident. Similarly, individuals who leave the scene of an accident may be penalized for trying to escape liability or covering up criminal activity.

If police apprehend the individual in this case, a Toronto personal injury lawyer may be able to pursue a personal injury claim that can yield compensation to the victim for her pain and suffering. As more information emerges, the victim may be choose to work with an Ontario personal injury lawyer to hold the driver liable.

Source: Global Toronto, "Police search for suspect in hit-and-run," Feb. 26, 2013