Police say that the bus driver was airlifted to hospital with serious, life-threatening injuries, and one passenger was taken to hospital with serious injuries. Another passenger was assessed on scene with minor injuries.

“The OPP Highway Management Team are continuing to investigate, and as more information becomes available, I’ll definitely update you, but there’s not more information I can release,” the officer said before sending out condolences.

The highway remains closed between Kleiner Street and Forks Road East while police continue their investigation.

Read more on this here: https://www.thestar.com/news/ontario/three-dead-two-injured-after-transit-bus-and-pickup-truck-collide-in-welland/article_7c180218-8954-11ef-b469-8b9d813c41fb.html

Please consider donating here: https://www.gofundme.com/f/joshua-babiy

https://www.armstrongfuneralhome.ca/obituaries/obituary-listings?obId=33399172

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A fourth Tesla passenger, along with the Dodge Ram’s driver and passenger, survived with non-life-threatening injuries. Police are still investigating the cause of the crash and are seeking any witnesses or dashcam footage to assist with the investigation.

The driver of the Dodge Ram, a 28-year-old Perth County man, and his passenger, a 28-year-old Perth County woman, were both taken to a local hospital with non-life-threatening injuries.

Hessen Strasse and Greenwood Hill Road were closed for several hours while police investigated the circumstances of the crash.

Witnesses can call the WRPS Traffic Services Unit at 519-570-9777, ext. 8856. Anonymous tips can also be made to Crime Stoppers at 1-800-222-8477 or www.waterloocrimestoppers.com.

Read more on this here: https://www.cbc.ca/news/canada/kitchener-waterloo/wellesley-crash-three-dead-hessen-strasse-greenwood-hill-1.733170

Our thoughts and prayers are with every single family member and friends of the victims from this tragic crash.

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Individuals injured as a result of a slip and fall may have a claim for compensation against the owner or occupier of the property. Under the Occupiers’ Liability Act, R.S.O. 1990, c O.2, every person or entity that owns or occupies property – whether it be a house with a driveway, a grocery store, or a plot of land – owes two basic duties:

• 1) to take reasonable steps to keep people reasonably safe; and
• 2) to not act with intent to harm or reckless disregard.

You must prove that the owner or occupier of the premises where you fell breached one of these two duties in order to establish liability or fault against them in a lawsuit. 

The steps you take immediately after and shortly after your slip and fall may generate vital evidence in establishing liability. 

Before leaving the scene

Documenting the scene of the slip and fall accident is one of the best means of gathering evidence of the case. Such evidence plays a crucial role in proving your case and securing the compensation you need. 

Here are some of the key things you can do before leaving the scene to help a personal injury lawyer assess and build your case: 

1. Photograph the scene of the fall: evidence as to the condition of the scene of a slip and fall accident is incredibly important, as Ontario law requires an injured party to show that scene presented a hazard that caused the fall and the individual’s injuries. Conditions of the scene may change quickly: winter weather conditions change between hours and days; property owners may make repairs to the surrounding areas after your fall and thereby remove evidence of the hazard In both situations, the injured party may lose their ability to demonstrate the exact conditions that contributed to their fall. By taking photographs at the scene, you can document the conditions that caused your slip and fall, such as wet floors, uneven surfaces, or inadequate lighting. Take as many photographs as you can from a variety of distances and angles to help capture the entirety of the surroundings. We often see photographs of hazards that are too close to the exact spot so as to fail to provide the viewer with the full surrounding. On the other hand, only taking photographs far from the spot may not clearly show the hazard. When in doubt, take as many photographs as you can. 

1. Gather the identity of witnesses: before you leave the scene, you should get the name and contact information of anyone at the scene that either saw your fall or was present at the time and can speak to the conditions of the surrounding area. These witnesses may assist your case later on. 

1. Report the incident to the owner/occupier: you should notify the property owner or the occupier that you fell. Many commercial owners and occupiers are required by their insurance companies to make incident reports of all falls on their premises. If you do not report the incident to a commercial owner and occupier, it will unlikely take any steps to record the incident or preserve key evidence from the date of the fall, such as maintenance logs or CCTV camera footage. 

1. Identify any CCTV sources on the property: observe your surroundings and note any CCTV cameras pointed towards the location of the fall. Although CCTV cameras are not always easy to notice, you should ask the property owner when you report the fall whether it has any CCTV cameras at the area of your fall, and, if so, tell them you would like to see it. The property owner may not agree to show the CCTV footage to you, however, at the very least, you will have notified them to preserve the footage. CCTV footage often becomes crucial evidence in slip and fall cases. 

After leaving the scene 

You should seek immediate medical attention after your slip and fall in order to have a trained medical professional assess your conditions, render diagnoses, and make treatment recommendations to help you on your road to recovery. 

Failure to seek medical attention, or follow treatment recommendations, may be used against you in a lawsuit. 

You may also wish to return to the scene of the accident to measure deficiencies. For example, if you tripped on a raised sidewalk panel or on a ledge or step, you should return to the site of the fall as soon as possible with a ruler and take measurements of the height discrepancy. To record the measurements, we suggest you take a photograph of the rule pressed against the height discrepancy that shows the measurements.  

Notice Provisions: snow/ice and municipal sidewalks

Depending on the circumstances of the cause of your fall, your potential claim may be subject to laws that require you notify potential defendants within a certain number of days of your fall. The consequences for failing to put on notice certain entities may result in your lawsuit being dismissed.

Reporting the fall to the property owner at the time of the fall will not be considered sufficient notice for the purposes of satisfying legal notice provisions. You should read the information below carefully as many of these notice requirements are not well-known or communicated to the public. 

Claims involving snow or ice: if you slipped and fell on any property due to snow or ice, section 6.1 of the Occupiers Liability Act requires you to notify the occupier or winter maintenance contractor of the property where you will with written notice of the fall within 60 days of the date of your fall. Notice must be handed to the occupier or winter maintenance contractor personally or mailed to them by regular mail. The notice must include the date of the fall, the approximate time of the fall, a description of the location on the property where the fall occurred. 

Claims involving municipal sidewalks: if you slipped or tripped on a municipal sidewalk, either due to snow and ice or because of a raised sidewalk panel, section 44 of the Municipal Act, 2001, S.O. 2001, c. 25 requires you to notify the municipality with jurisdiction over the sidewalk within 10 days of the date of your fall. Notice must include the date of the fall, the time of the fall, and a description of where the fall occurred. Section 44(10) requires that the notice must be sent by registered mail to the clerk of the municipality. 

Claims on government or crown land: much like claims against municipalities, section 7(3) of the Proceedings Against the Crown Act, R.S.O. 1990, c. P. 27 requires those injured in slip and fall accidents on land owned or managed by the government or Crown to personally serve the Crown Law Office (Civil Law) of the Ministry of the Attorney General with notice of the fall within 10 days. The Proceedings Against the Crown Act specifies that the notice must contain “sufficient particulars to identify the occasion out of which the claim arose.” 

In some but not all cases, failing to provide notice may not be fatal to starting a lawsuit. The Occupiers Liability Act and Municipal Act provide exceptions where an injured person can provide a “reasonable excuse” for failing to deliver the notice within the prescribed time. 

What is and what is not a reasonable excuse depends on the facts. You should never assume your reason for not having delivered a notice within the appropriate time will be considered a reasonable excuse. 

Consulting with a Slip and Fall Lawyer Newmarket

After a slip and fall accident, it is highly recommended to consult with a personal injury lawyer that has a successful trial record of representing the injured in slip and fall cases. 

Boland Romaine’s slip and fall accident lawyers have successfully recovered compensation before judges and juries in these types of cases. Here is how we can help: 

• Legal expertise: Our slip and fall lawyers are experienced in personal injury law and routinely navigate the relevant statutes, regulations, and case precedents. We can assess the strength of your case and provide you measured and effective legal advice. 

• Investigation: our lawyers regularly conduct thorough investigations into slip and fall accidents, including gathering evidence, interviewing witnesses, and retaining trial-experienced expert witnesses. 

• Negotiation: the strength with which we build slip and fall cases, and our extensive trial experience, often allows us to negotiate fulsome and fair settlements for our clients that we believe reflects the maximum value of their case. 

• Trial experience: our proven effectiveness at trial before judges and juries means we will not shy away from the courtroom or recommend reduced settlements to you out of concern with our abilities. Our experience informs us as to how to build your case and confidently predict an outcome with the judge or jury. 

By consulting with Boland Romaine’s Personal Injury Lawyers, you can benefit from our legal expertise and increase your chances of a successful outcome in your slip and fall claim.

If you or a loved one has suffered injuries as a result of a fall, contact our Slip and Fall Injury Lawyers today at 1-844-837-6583

We understand the pain you are going through and will strive to obtain compensation for your injuries under the common law or the Occupiers’ Liability Act, R.S.O. 1990, c. O.2. We will be there every step of the way to ensure that you understand your legal rights and role in the process, and will advocate vigorously on your behalf. Our experience allows us to ensure you or a loved one receive fair compensation which reflects the lifelong impact an orthopedic injury may have. Please contact us to find out how we can help you.

The post Steps to Take After a Slip and Fall Accident in Ontario appeared first on Boland Romaine LLP.

What happened?

A motorcyclist was rushed to hospital following a collision with a car on Tuesday evening at approximately 6:20 p.m. The accident happened in the Hillside neighborhood near Steeles Avenue East and Reesor Road.

Who was hurt?

Toronto police reported that the motorcycle rider, an adult male, sustained serious injuries and was transported to a trauma center by paramedics.

Understanding Motorcycle Accident Laws

Motorcycle accident laws vary by province, so it’s important to know the laws of your jurisdiction.

In Ontario, a motorcyclist must have the proper driver’s licence and carry automobile insurance. If you are a motorcyclist injured in an accident, you can make a claim for statutory accident benefits under the Statutory Accident Benefits Schedule through your own automobile insurance company, regardless of who caused the accident. Depending on how the collision occurred, you may also start a lawsuit against the at-fault party (known as a tort claim) if there was an at-fault party.

Steps to Take Immediately After a Motorcycle Accident

It’s crucial for individuals who have been injured in motorcycle accidents to gather as much evidence as possible from the accident scene. 

If possible, before you leave the scene, you may wish to take photographs of the area where the accident occurred. To begin, take photographs of the collision area from the perspective of the motorcyclist (i.e. you) and then from the opposite direction or that of the other vehicle involved. Pay close attention to any skid marks, gouges, or debris left behind: these subtle signs may establish the path of travel of the vehicles involved and show any steps taken by the vehicles to try to avoid the collision.You should also photograph where each vehicle came to rest after the impact.  

You should also take photographs of your helmet and motorcycle, including the serial numbers, as well as the various components such as hand brakes, lights, reflectors, derailers, gears, and tires. To assist with the investigation of the accident, we suggest you preserve your motorcycle, your helmet, and your clothing, as they may be helpful evidence for any potential case. Avoid repairing your motorcycle or changing any gears. 

Once you have received the necessary medical care, you or a family member may consider pursuing a lawsuit to protect your future. We encourage you to reach out to Boland Romaine’s personal Injury lawyers as we have extensive experience in handling motorcycle accident claims and can provide you with the representation you need.

Seeking Legal Representation

Selecting a personal injury lawyer to represent you is an incredibly important decision, as the right type of lawyer will maximize your chances of receiving fair compensation. 

Choose a lawyer who specializes in motorcycle accident cases and has a proven track record of success. A skilled personal injury lawyer can guide you through the legal process, gather evidence, assess the value of your claim, and negotiate with insurance companies on your behalf. They can also help protect your rights and ensure you don’t accept a settlement that is less than what you deserve. 

Boland Romaine’s motorcycle accident lawyers are experienced trial lawyers that have built a reputation in the insurance industry of taking complex cases to trial and winning. In our trial decision of Cockburn v Holmes, we were successful at a jury trial in recovering nearly $420,000 over the insurance company’s settlement offer for a motorcyclist that T-boned a van that pulled in front of him. This case supports our courage to say “no” to unreasonable offers and shows our commitment and skill to obtain the best result for the injured. 

Negotiating with Insurance Companies

Negotiating with insurance companies can be challenging and overwhelming, especially as you are focused on recovering from injuries from a motorcycle accident. As a general strategy, insurance companies may offer you a settlement that is far below the actual value of your claim.

Having legal representation can significantly improve your chances of negotiating a fair settlement. Boland Romaine’s motorcycle accident lawyers can review the details of your case, calculate the full extent of your damages, and navigate complex settlement negotiations to ensure any settlement offer is fair. If a settlement cannot be reached, we will represent you in court to seek the full recovery.

The post Scarborough Crash: Motorcyclist Hospitalized Following Collision With Car appeared first on Boland Romaine LLP.

Understanding the Unique Challenges of Cottage Country Roads

Cottage country roads present unique challenges that drivers need to be aware of. These roads are often narrow and winding, with sharp turns and steep inclines. It’s important to familiarize yourself with the road conditions and be prepared for unexpected obstacles.

Another challenge of cottage country roads is the lack of lighting. Many of these roads are not well-lit, especially at night. This can make it difficult to see the road ahead and anticipate any potential hazards.

In addition, cottage country roads are often frequented by wildlife. Animals such as deer, moose, and bears can unexpectedly cross the road, posing a significant risk to drivers. It’s important to be vigilant and watch out for any signs of wildlife activity.

Tip #1: Nighttime Driving Tips

Driving on cottage country roads at night can be particularly challenging due to the lack of lighting. To ensure your safety, it’s important to use your headlights effectively. Make sure your headlights are clean and properly aligned, and use your high beams when there is no oncoming traffic.

It’s also a good idea to reduce your speed when driving at night. This will give you more time to react to any potential hazards that may arise.

Lastly, avoid distractions while driving at night. Keep your focus on the road and avoid using your phone or other electronic devices.

Tip #2: Maintaining a Safe Speed and Distance

One of the most important rules of safe driving on cottage country roads is to maintain a safe speed and distance from other vehicles. It’s important to obey the posted speed limits and adjust your speed according to road conditions.

In addition, keep a safe distance from the vehicle in front of you. This will give you enough time to react and brake in case of an emergency.

Remember, speeding and tailgating can significantly increase the risk of accidents on cottage country roads.

Tip #3: Drive Safer On The Weekends

Weekends are typically busier on cottage country roads, with more traffic and recreational vehicles. To drive safer on the weekends, it’s important to be extra cautious and patient.

Give yourself plenty of time to reach your destination and avoid rushing. This will help you stay calm and focused on the road.

Also, be mindful of the increased presence of cyclists, motorcyclists, and pedestrians on weekends. Give them the space and respect they need to safely navigate the roads.

Tip #4: Being Mindful of Wildlife Crossings

Cottage country roads are often surrounded by natural habitats, making them common routes for wildlife. To prevent accidents and protect wildlife, it’s important to be mindful of wildlife crossings.

Pay attention to any signs or warnings indicating the presence of wildlife. Slow down and be prepared to stop if necessary.

If you encounter an animal crossing the road, do not honk your horn or try to scare it away. Instead, remain calm, brake gently, and give the animal enough time to safely cross the road.

Tip #5: Holiday Driving Safety Tips

Holidays often attract more people to cottage country, resulting in increased traffic on the roads. To ensure your safety during holiday driving, follow these tips:

Plan your journey in advance and allow extra time for potential delays.

Check the weather forecast and road conditions before setting off.

Be patient and avoid aggressive driving behaviours.

Do not drive under the influence of alcohol or drugs.

Buckle up and ensure all passengers are wearing their seatbelts.

Stay alert and avoid distractions while driving.

By following these holiday driving safety tips, you can reduce the risk of accidents and enjoy a stress-free journey.

Tip #6: Lack of infrastructure

One of the challenges of driving on cottage country roads is the lack of infrastructure. Many of these roads may not have proper signage, guardrails, or streetlights.

To navigate safely on these roads, it’s important to be extra cautious and attentive. Pay attention to any warning signs, and adjust your driving accordingly.

In addition, be prepared for sudden changes in road conditions, such as potholes or uneven surfaces. Slow down and take necessary precautions to avoid accidents.

Tip #7: Avoiding Distracted Driving

Distracted driving is a leading cause of accidents on cottage country roads. To avoid distractions while driving, follow these tips:

Put your phone away and out of reach.

Avoid eating or drinking while driving.

Keep your focus on the road.

If necessary, pull over to a safe location to address any distractions or emergencies.

Remember, your full attention should be on the road to ensure your safety and the safety of others.

Tip #8: Preparing Your Vehicle for the Journey

Before embarking on a journey on cottage country roads, it’s important to ensure your vehicle is in good condition. Follow these tips to prepare your vehicle:

Check your tires for proper inflation and tread wear.

Test your brakes and ensure they are working effectively.

Check your headlights, taillights, and turn signals to ensure they are functioning properly.

Make sure your windshield wipers are in good condition and replace them if necessary.

Check your fluid levels, including oil, coolant, and washer fluid.

Pack an emergency kit with essential items such as a flashlight, first aid supplies, and a roadside assistance contact.

By preparing your vehicle before the journey, you can reduce the risk of breakdowns and ensure a safer driving experience.

Personal Injury Lawyer Toronto

Boland Romaine Personal Injury Lawyers is one of Ontario’s most respected injury firms with over 40 years of trial experience. Voted as one of the top 10 personal injury firms by Canadian Lawyer Magazine, Boland Romaine’s lawyers have represented the province’s most vulnerable injured victims in court and won. 

Trial Experience matters because your future depends on it.

Trial experience will protect the injured if negotiations break down. Many lawyers may promise to get you a settlement but what happens when negotiations breakdown? A lawyer for the injured needs the fortitude to say “no” to unreasonable offers and the commitment and the skill to take the injured person to trial. Our main office is located in Aurora with other locations throughout the Greater Toronto Area. If you are not able to visit our offices, we will come to you in the comfort of your home or in hospital.

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On a winter night, 18-year-old Melinda Wasylyk was driving home from her first night of nursing college when she lost control of her vehicle twice on CR88 – one of the busiest roads in Simcoe County connecting Hwy 400 to Bradford. She crossed the centre line and was struck by an oncoming vehicle. Melinda suffered catastrophic injuries with damages agreed upon prior to trial in the sum of $16 million. As a result of her brain injury, Melinda could not speak on her own behalf, having no recollection of the accident, or even purchasing her car 5 months earlier.

Tim Boland, Darcy Romaine, and Michael Hanton represented Melinda and her family at trial. After hearing from 21 witnesses, Justice A. Casullo found that CR88 was in a state of disrepair and that Simcoe failed to take appropriate steps to treat the roadway.

Simcoe blamed Melinda entirely for the accident. It hired an accident reconstruction engineer and winter maintenance expert who testified that CR88 was bare and dry, that Simcoe had taken all reasonable steps to maintain the road, and that it was Melinda who swerved onto the shoulder and crossed the centre line after trying to correct herself.

The plaintiffs retained an accident reconstruction engineer and a human factors expert to demonstrate that it was highly unlikely Melinda would have steered as rapidly or aggressively as Simcoe claimed, and that there was a myriad of ways in which her vehicle could have arrived at its resting position without leaving the traveled portion of the roadway.

Justice Casullo rejected the PC Crash scenarios from both side’s experts, finding that such models were limited without knowing Melinda’s speed, steering inputs, or brake inputs, and without skid or gauge marks on the road to suggest her direction of travel. Her Honour wrote: “Without the black box data there are too many unknowns at play. It is impossible…to determine with scientific accuracy the driver inputs made by Ms. Wasylyk. Given the competing findings that Ms. Wasylyk could end up at the final impact orientation on both a low and high friction surface, it appears to the court that the data could be manipulated to render a simulation that fit within either expert’s reconstruction theory.”

Justice Casullo, instead, relied on the evidence of first responders who took contemporaneous notes of the roadway being slippery. Her Honour also relied on the admissions made on cross-examination of Simcoe’s witnesses that Melinda’s loss of control occurred on the roadway and not on the shoulder. In particular, Simcoe’s police witness acknowledged in cross-examination that, if the marks left by the stretcher used by EMS remained visible in the shoulder in post-accident photographs taken hours after the crash, then tire marks left by Melinda’s vehicle would certainly have remained visible in the shoulder, had her car crossed on to it. Given that police reconstructionists could not find such tire marks on the shoulder after a thorough search, Justice Casullo concluded that Melinda’s loss of control occurred on the slippery roadway itself.

Simcoe opposed the plaintiffs’ pre-trial motion to enter a forensic photographer’s enhanced police photographs which revealed key landmarks, and the road surface condition which were otherwise too dark to appreciate. Justice Casullo’s ruling  is the first civil case to accept such enhanced images, and the efforts that must be undertaken to provide the court with the requisite assurances for their admission.

As for Simcoe’s maintenance efforts, under cross-examination, its road patroller acknowledged that he instructed all plows to be out servicing roads. The plaintiffs were able to establish that the plow operator responsible for CR88 had remained in the yard for over three hours instead of servicing the road at key times as expected. Although the plow operator claimed his records were contemporaneous and showed that he had serviced CR88 three times, with his last pass occurring minutes before the collision, plaintiffs’ counsel were able to prove through cross-examination that the plow operator was not a credible witness and that his records were unreliable.  Furthermore, any claim that he had sanded CR88 moments before the collision was contradicted by the observations of first responders who did not see any sand on the road; the admission of the patroller who did not observe any sand in the police photographs; and, the testimony of an independent witness who had no recollection of seeing a plow pass by in the oncoming lane. Simcoe also downplayed that the police had to recruit a plow operator from another jurisdiction to sand the road before CR88 was reopened.

Justice Casullo agreed with the plaintiffs’ winter maintenance expert that the disrepair was the result of a combination of snow that had melted and refrozen and compaction ice.

Simcoe appealed and argued there were a number of palpable and overriding errors in the trial decision. The plaintiffs’ appeal team included Tom Curry, Derek Knoke, Tim Boland, Darcy Romaine, and Michael Connolly. Writing for a unanimous OCA, Justice Doherty rejected all of Simcoe’s grounds of appeal. Although the plaintiffs’ winter maintenance expert tendered a number of theories for how the ice formed (i.e. refreeze and snow compaction), Justice Doherty reinforced that a plaintiff need not prove the cause of the disrepair to establish liability against a road authority: “…the two explanations for the icing of the road are not mutually exclusive, or even inconsistent with each other…It was not necessary in establishing that the road was in a state of disrepair to demonstrate how the road became icy…”

The appeal decision supports the high level of deference accorded to a trial judge’s allocation of fault. Simcoe referred the CA to several trial decisions in which contributory negligence had been found against drivers who had an initial loss of control but failed to adjust their driving to the conditions. Justice Doherty did not find that those cases provided a reason to interfere with Justice Casullo’s decision: “…the loss of control twice in a short timespan could reasonably be viewed as evidence of just how slippery and hazardous the road was at the relevant time and place…Findings of negligence or contributory negligence turn on the evidence of the particular case and, more importantly, the assessment of that evidence by the trier of fact who heard the evidence.” After concluding that the evidence of the only eyewitness to the accident “provided little assistance” as to the time Melinda had to react after her first loss of control or what steps she took in response, the OCA found no palpable and overriding error in Justice Casullo’s findings.

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If you are a passenger that was involved in a car accident in Ontario, you may be able to recover compensation for your injuries. Passengers should consult with an experienced Ontario personal injury lawyer, such as the lawyers at Boland Romaine LLP, soon after the car accident in order to learn what types of compensation they can recover.

For over 40 years, Boland Romaine has recovered millions in compensation for passengers involved in Ontario car accidents who have suffered traumatic brain injuries and concussions, fractures and orthopaedic injures, chronic pain, soft-tissue injuries, or psychiatric and psychological injuries.

What compensation can passengers claim?

Passengers struck by a vehicle in a car accident are entitled to the same rights of compensation as drivers.

A passenger can claim accident benefits. Accident benefits provide all passengers of vehicles with access to medical and rehabilitation benefits, income replacement benefits or non-earner benefits, and attendant care benefits, along with other benefits depending on the severity of the passenger’s injuries. Click here to learn more about what accident benefits you can receive.

Accident benefits are available to all passengers hurt in Ontario car accidents, regardless of how the car accident occurred. Passengers of vehicles normally claim accident benefits through the passenger’s auto insurance company through their auto insurance policy. A passenger can still access accident benefits even if the passenger does not have auto insurance. To learn how, please read below.

A passenger in a vehicle involved in a car accident may also commence a civil tort action in the Ontario Superior Court of Justice. Passengers may have claims against the driver of their vehicle, another driver involved in the car accident, or, in some cases, the municipality responsible for designing and maintaining the roadway. Unlike a claim for accident benefits, a passenger must be able to prove that the car accident resulting in their injuries was the result of the negligence of others, either the driver of the passenger’s vehicle or the driver of any of the other vehicles involved in the car accident. Click here to learn more about what compensation you may be entitled to by with starting a civil tort claim.

What if the passenger doesn’t have insurance?

A passenger of a vehicle involved in an Ontario car accident can still claim accident benefits and commence a tort action even if he or she does not have auto insurance. Although accident benefits generally function in the manner that an individual, such as a passenger, files a claim with his or her own auto insurance company, the Ontario accident benefits scheme is designed such that every person hurt in a car accident has access to accident benefits.

Which auto insurance policy an uninsured passenger can access is decided based out of a priority scheme under the Ontario Insurance Act. Generally, a passenger hurt in a car accident that does not have his or her own auto insurance would file a claim with the auto insurance company that covers the driver of the passenger’s vehicle. If that driver is uninsured, and the car accident involved multiple vehicles, the passenger may file a claim against the auto insurance company that insured the drivers of any other vehicles involved in the car accident. As a very last resort, a passenger can file claim against the Ontario Motor Vehicle Accident Claims Fund – a government-funded insurer of last resort against which a passenger can claim accident benefits if none of the drivers involved in the accident were insured.

Whether the passenger has automobile insurance of his or her own does not affect their rights to file a civil tort claim against either the driver of the passenger’s vehicle, or any other drivers involved in the car accident.

Does a passenger need to speak with the insurance company?

It depends. A passenger will need to report a claim to his or her auto insurance company in order to claim accident benefits. The accident benefits insurer will appoint an adjuster whose job it is to assess the passengers claim and make critical decisions about what benefits the passenger is entitled to. If the passenger does not retain an Ontario personal injury lawyer, the passenger will inevitably be speaking with the claims adjuster on a regular basis. Although being respectful and cordial, the accident benefits claims adjuster is always looking out for the best interests of the insurance company.

For this reason, passengers should consult with one of the personal injury lawyers at Boland Romaine LLP before speaking with the insurance company. If the passenger retains a personal injury lawyer, the lawyer can deal directly with the insurance company on behalf of the passenger, thereby limiting the circumstances under which the passenger would need to further speak with the insurance company.

If the passenger commences a civil tort claim against another driver, the insurance company of the other driver may also appoint an adjuster or claims examiner whose job will be to limit the amount of compensation paid out to the passenger. Although rare, the claims examiner or adjuster may contact the passenger before retaining a defence lawyer, if the passenger has yet to retain an Ontario personal injury lawyer and formally issued his or her civil tort claim in the Ontario Superior Court of Justice. In such circumstances, the passenger is under no obligation to speak with the insurance company for the driver of the vehicle against whom he or she commences a tort claim. You should consult with an Ontario personal injury lawyer immediately if a claims examiner or adjuster from the insurance company of the driver involved in the car accident contacts you so that you can be informed of your rights.

The post I was a Passenger in a Car Accident in Ontario – now what? appeared first on Boland Romaine LLP.

Thirty-one people have died on Toronto streets this year, Metro reports, noting the number accounts for three cyclists killed in the city. Police had recorded only 11 road deaths at this time in 2014, says the article. “The roads are really designed for cars, and we’re trying to inject cyclists onto these roads where there’s a huge disproportionate risk borne by the cyclists as compared to a motorist,” Romaine, a lawyer with BolandHowe LLP, tells AdvocateDaily.com. “I think it’s up to city planners and engineers really to make dramatic improvements in cyclist safety.”

New bike lanes are being planned on major streets, says Metro, adding advocates feel there is still more work to be done to improve safety for the city’s more than 1.5 million cyclists. Research clearly shows that head injuries are the most severe injuries suffered by cyclists, says Romaine, noting technology is now advancing beyond helmets to keep riders safe. “A new airbag for cyclists is on the rise in Europe and apparently it’s being looked at for Canada,” he says, referring to the Swedish airbag helmet product Hövding. When it comes to seeking legal recourse for injuries suffered by cyclists – or for the loved ones of victims of fatal cycling accidents – Romaine says seeking the opinion of an expert is the first step. “They may not be considering the reason for the accident had something to do with road maintenance or road design, for example,” he says. “If someone is hurt and that person’s future is depending on recovering compensation to replace lost income or future care, he or she should get a professional opinion in terms of whether someone else was the cause of their misfortune.”

If the claim relates to allegations against a municipality, plaintiffs must act quickly due to strict notice provisions that must be followed. But in other cases, says Romaine, there is more time. “You can meet with a lawyer and assess the situation. Meeting with a lawyer doesn’t necessarily mean you’re going to file a lawsuit that day,” he says, noting typically, consultations are free. It’s important for victims of such accidents to remember, says Romaine, that there’s more to a case than a criminal charge. “Police are not going to charge a municipality for having a poorly designed intersection, even though that may be why the accident happened,” he says.

Romaine was successful in obtaining a settlement for a man who was severely injured while mountain biking due to the failure of the forks of his bike, for example. The lawsuit uncovered that the forks were predisposed to fracture unexpectedly and ultimately contributed to the crash. “There are many factors that can contribute to an accident,” says Romaine. “Whether someone does or does not have a case may not always be immediately obvious, but if they don’t seek an expert opinion, they’ll never know.”

NOTE: The article has also been featured at www.advocatedaily.com

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