Winter Road Maintenance – Pothole Peril

Well, it’s been almost two months since our beloved Wiarton Willy predicted an early end to winter. Regardless of the weather, it is now officially spring. Unofficially however, we are entering the much-dreaded season of roadwork.

2017’s mercurial weather fluctuations have turned cracks into craters and made driving a delicate and dangerous swerving game of tire preservation. Anyone who’s been commuting along the QEW in particular will be relieved to see fresh tar filling up the pesky potholes that have been adding a much-dreaded kathunk to our commutes. Potholes do a number on your car’s tires, wheels and suspension but they can also be dangerous to human life.

Auditor General’s View On Highway Maintenance

In 2015 the Auditor General put out a less than flattering report on winter highway maintenance in Ontario. In response, the Minister of Transportation assured Canadians that they were “taking swift action on the Auditor’s recommendations, with several to be in place by the start of next winter.” In a follow up report in 2016, the Auditor General confirmed that the Ministry had made “significant progress” on recommendations, but that it will take the Ministry until 2026 to fully implement all of the Auditor General’s recommendations.

In the meantime, we can only hope that Canadian Tire will start offering bulk suspension realignments at a discount.

Winter Road Maintenance - Auditor General View on Canadian Roads

Who is Liable for Rough Road Conditions?

Section 44 of the Municipal Act requires that municipalities keep their roadways “in a state of repair that is reasonable in the circumstances, including the character and location of the highway.” But what is a reasonable state of repair and what does the Act mean by a road’s character?

A pothole, for example, is technically considered in repair if it is less than 8 cm deep and 1000 square centimetres in surface area on a street that carries over 10,000 vehicles per day. So consider trying to safely avoid such sinkholes because if they damage your vehicle, chances are it won’t be the municipality paying your repair bill.

Municipalities set priorities for road repair according to the speed and traffic volume of the road or highway. This is the character of a road to which the Municipal Act is referring. Accordingly, a main, downtown artery like Brant St. in Burlington, or a major highway like the 403, will get priority over rural regional roads and quiet suburban cul-de-sacs.

Since the wording of the Act is intended to restrict liability claims against municipalities, what Section 44 means – for all intents and purposes – is that you better have insurance.

Car Damage From Poor Road Conditions – What to Do

If you or your car is damaged from poor road conditions, you will, regrettably, have a hard time getting compensation from the municipality in which the accident occurred. If your car is damaged from poor road maintenance, one option is, of course, to check with your insurance and see if the deductible is worth pursuing a claim.

Alternatively, you have the option to make a claim against the municipality responsible for the road’s maintenance. In order to successfully do so, you must prove that the municipality knew or should have known about the pothole and didn’t fix it within a reasonable period of time (which varies based on the street’s character). Unfortunately, municipalities aren’t known for footing the bill of pothole-damaged vehicles. A 2011 city ombudsman report found that the city denies over 95% of claims related to potholes.

Claims for Vehicle Damage - Winter Road Maintenance Claim

Claims for Vehicle Damage

Having an experienced lawyer on your side will be essential if you wish to launch a successful lawsuit for damages caused to you or your vehicle from inadequately-maintained roads. Making a claim is time-sensitive (it must be submitted within 10 days of the accident) and complicated. Expert testimony and legal council can guide you through the morass of municipal litigation and KCY at LAW can help. Call us at (905) 639-0999 or contact us online now to book your consultation.

Preventing Injuries on Private Property

As a property owner, it is your responsibility to maintain your premises to the extent that it is safe for all those who enter upon them. This means that your property must be reasonably safe in all weather conditions and at all times of day. Whether it is rainy or sunny, noon or night, the condition of your property should never pose a danger to you and others.

Property Owner Responsibilities - KCY at LAW Personal Injury Lawyer

Preventing Injuries on Private Property

If someone is injured because of the inadequate maintenance of your private property, you may be held financially responsible for their losses. However, just because someone fell and injured themselves on premises belonging to you, does not necessarily mean that you will have to front their medical bill. Accidents happen and sometimes they are unpreventable. Here in Canada, we tend to know that ice and snow are part of the package of living in the Great White North. The winter months can sometimes bring snow and ice faster than they can be shoveled and salted away. It’s everyone’s personal responsibility to exercise reasonable care and caution when navigating terrain in hazardous weather conditions.

6 Tips for Ensuring the Safety of Your Private Property

Tips to Ensure Safety of Private Property - KCY at LAWThere are many precautions you can take to protect others from injury on your property and you from the legal repercussions arising from others’ injuries. Here are some useful preventative measures you can take to ensure that your property is safe for all those who enter upon it.

  1. During winter months, remove snow and ice from all walkways, driveways, emergency exits and parking spaces. Snow and ice removal should be done in a timely manner. This does not mean that you need to be out shoveling in the middle of a blizzard or the moment the snowfall lets up. However, making your property safely accessible within 24 hours is generally considered reasonable. If you are not able or available to remove snow and/or ice yourself, you should hire someone to do this for you.
  2. Indoors, it is important to keep floors dry. Winter boots can trek in a lot of snow that, when it melts, can create a slipping hazard. Remove wet shoes or boots upon entering your residence and have your guests do the same. Use a mat at the door to absorb excess water and mop up any spills or drips that could cause someone to slip and fall.
  3. Keep paths and floors clear of loose items that could pose a tripping danger. Cables for electronics, appliances and Christmas lights should be tucked against the wall or marked and taped down. Clear paths of stones, sticks and other debris that could cause the unsuspecting visitor to go hurdling to the ground. If there are hazards that cannot be removed or repaired, be sure to mark them clearly to highlight their presence.
  4. Make repairs. Fix uneven or loose floor surfaces like worn out carpets, broken tiles or loose floor boards.
  5. Light it up. Make sure alleys, halls, pools, stairs and other risky areas are especially visible at night.
  6. Stay on top of things. Survey your property for dangers regularly/seasonally, especially in the winter.

Injured On Private Property?

If you have been injured as a result of the poor maintenance of private property contact KCY at LAW. We specialize in personal injury cases and can help you get proper compensation should you be injured by the negligence of others. Call us at (905) 639-0999 or contact us online to book your free consultation.

Distracted Driving: The New DUI?

You’re a good driver. You would never want to cause a motor vehicle accident. You would never get behind the wheel after a couple glasses of wine. You would never pull out of your driveway without your glasses. So surely you wouldn’t check your cell phone while on the road. After all, like driving under the influence of drugs or alcohol, distracted driving is dangerous, not to mention illegal. Yet distracted driving is shockingly common.

What Is Distracted Driving?

What Is Distracted Driving - Personal Injury LawyerAccording to the RCMP, distracted driving “is a form of impaired driving as a driver’s judgment is compromised when they are not fully focused on the road.” Distracted driving means not having your full attention to the road and traffic, even at a stoplight. This includes activities such as:

  • using your phone to talk, text, changing podcasts, or check maps;
  • eating, reading, doing your hair;
  • changing GPS directions; and
  • breaking up a fight between your kids in the backseat.

The Costs of Your Eyes Off the Road

According to the Province of Ontario’s website, drivers using a phone are four times more likely to cause an accident than a properly focused driver. The Province’s website also notes that deaths from distracted driving collisions have doubled in the last 16 years. Furthermore, according to the CAA, texting while driving makes you 23 times more likely to be involved or nearly involved in a collision. If you have been involved in a motor vehicle accident make sure you check out our Dos and Don’ts of Motor Vehicle Accidents.

Distracted Driving and the Law

While specific rules and penalties vary from province to province, it is illegal to use hand-held electronics while driving. This includes your mobile phone, GPS, E-reader and any other portable electronic device. Even holding a cellphone while driving is against the law. Hands-free and mounted devices like Bluetooths and GPS navigation systems, however, are permissible.

Distracted Driving Offences in Ontario

Penalties for distracted driving also vary from one province to the next and are dependent on a variety of other factors such as your licence and how long you have been driving. If you are convicted of a distracted driving offence in Ontario you could face:

  • three demerit points;
  • a fine of up to $490 if you settle the matter out of court;
  • a fine of up to $1,000 if you contest your ticket in court and lose; or
  • a 30 to 90-day licence suspension if you have a learner’s permit.

Distracted Driving Offences in Ontario - KCY at LAW

Avoiding Driving Distractions

Being prepared for your trip, however short or long, is the best way to stay focused when you are on the road. Plan your route and set up your GPS or other navigation device before you leave. Have your playlists or CDs cued and ready to go so you are not trying to find just the right tune when you should be checking your blind spot. Set up voice control on your mobile devices. Ask passengers to handle any incoming calls or texts. Better yet, take the opportunity to disconnect and turn your phone off altogether. Be present in the moment and devote your full attention to the road and your surroundings.

If you do need to use your phone, including in the case of an emergency, first safely pull your vehicle over to the side of the road and put on your hazard lights.

Distracted Driver Motor Vehicle Accident Experts

If you have been injured in a motor vehicle accident involving a distracted driver, call us at (905) 639-0999 today or contact us online to book your consultation. KCY at LAW are experienced personal injury lawyers with the expertise and compassion to help you get the settlement you deserve.

Dos and Don’ts After a Motor Vehicle Accident

Being in a car accident is always a trying ordeal. Whether you’ve been in a fender bender in a parking lot or a multi-car collision on the 403, the following dos and don’ts can help you to properly deal with the aftermath of a motor vehicle accident.

What To Do After A Motor Vehicle Accident

What To Do After a Motor Vehicle Accident - KCY at LAW Personal Injury LawyerRemain Calm. There are undoubtedly a thousand things rushing through your head immediately following a motor vehicle accident, but the first thing you should do is take a deep breath and try to remain focused and composed.

Stop. It is imperative that if you are involved in a collision that you stop your vehicle as quickly and safely as possible.

Call 911 if: anyone is injured, the damage to vehicles appears to be over $1,000, or you suspect an involved driver to be under the influence of alcohol or drugs. Follow the emergency operator’s instructions and wait for police or paramedic assistance.

Document. Use your phone or camera to take pictures of the collision site and vehicle damage. Also jot down as many details about the situation as possible.

Move Your Vehicle. If it is safe to do so, move your vehicle out of traffic. If it is not driveable, put on your hazard lights and use flares to signal your situation to other drivers.

Exchange Information. Be sure to get the name, address, insurance information, phone number, licence plate and drivers licence numbers of each other driver involved in the incident. Additionally, get the names and phone numbers of any witnesses to the crash.

Report. You must also report the accident to your insurance company as soon as possible whether or not you were at fault.

Call your Lawyer. If you have been injured in a motor vehicle accident it is important that you contact a personal injury lawyer that can help you to get the coverage you deserve. You can call KCY at LAW and we will get the process underway on your behalf.

Bonus: Be prepared for emergencies on the road by equipping your vehicle with a first aid kit, warning triangles or cones, and accident worksheet.

What Not To Do After A Motor Vehicle Accident

Move an Injured Person. You may unintentionally cause further injury so wait for paramedics.

Argue. Save your breath and resist arguing with other drivers or passengers. Stay calm and share your story with police when they arrive.

Offer to Cover Damages. Never assume liability at the scene of the accident. Wait to speak with your lawyer.

Accept Payment at the Scene. If you are not at fault, accepting a cash offer may be tempting but reporting the accident will not affect your driving record.

What Not To Do After A Motor Vehicle Accident - KCY at LAW - Personal Injury Lawyers

Expert Motor Vehicle Accident Lawyers

If you have been injured in a motor vehicle accident call KCY at LAW to schedule an appointment with an experienced personal injury lawyer. Call us on (905) 639-0999 or contact us online for your free consultation.

Winter Sports Injuries

Winter is here and while cozying up with a hot chocolate is a great fireside activity, the best way to enjoy a snowy day is to be out in it. Winter sports like skiing and snowboarding are great ways to have fun and stay fit through our long Canadian winters. They can be, however, dangerous activities and personal injuries can be costly.

Winter Sports Injuries

According to the 2009 report The Economic Burden of Injury in Canada, winter activities are responsible for over 70,000 unintentional injuries in Canada annually. Nearly 1,400 of these winter injuries result in partial or permanent disability as well as $400 million in direct and indirect costs to Canadians.

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The Alpine Responsibility Code

In the case of an accident with other recreationists (a fellow skier or snowboarder) there must be evidence that negligence on the part of the other party is responsible for your injury in order to successfully file a lawsuit. Alpine sports are inherently risky and so it is only if another person failed to act with reasonable care that they may be liable for damages. There are no specific laws for what constitutes reckless behaviour on the slopes but the Alpine Responsibility Code is a good starting point to determine if someone’s actions were acceptable.

the-alpine-responsibility-code-kcy-at-lawThe main tenants of the Code are:

  • Always stay in control
  • Always be able to stop
  • People downhill have the right of way
  • Do not obstruct paths
  • Remain visible from uphill
  • Yield uphill when merging onto a trail

Accordingly, in the event of a collision between two beginners colliding on a Green Circle run it is unlikely that the accident would be considered to have resulted from negligence. By contrast, an advanced skier who is barrelling down an icy Green Circle slope and causes an accident while weaving through beginners may be considered reckless and therefore liable for damages.

What To Do If Injured During Winter Sports

If you are injured in an accident with another skier or snowboarder it is important that you, or a friend or family member, get the name and contact information of the person with whom you collided. You should also try to get contact information from any witnesses to the accident. Lastly, be sure to take as many pictures of the accident site as possible.

Experts in Winter Sports Injury Cases

If you have been injured at a winter sports resort, KCY at LAW are here to advise you of your legal options. We are experienced in gathering the necessary evidence to get you the compensation you deserve. Call us today at (905) 639-0999 or contact us online for more info!

Bicycle Accident Lawyer – Accidents on Two Wheels

There are many excellent reasons for choosing to ride a bike. Cycling is great exercise, good for your health, and a practical way to commute. But it is also not without risks.

Getting ‘doored’ (when a stopped or parked vehicle suddenly opens its doors into a cyclist’s path), or clipped by vehicles passing too close or failing to check their blind spot when turning are just some of the perils facing cyclists.

7,500 Cyclists Injured Annually

According to the Canadian Automobile Association (CAA) about 7,500 cyclists are injured yearly. Some injuries are fortunately minor: scrapes and bruises from taking a corner too fast or hitting uneven terrain. But more serious injuries can result from accidents with motor vehicles or poorly maintained road infrastructure. Lacking protection of an enclosed frame, cyclists are particularly vulnerable to serious injuries in the event of a collision, especially with larger, heavier, and faster vehicles. Moreover, analysis from police collision reports finds that most common causes of collisions involve motorist errors.

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Bicycle Accident Lawyer

If you as a cyclist have been injured in a collision or accident, you may have the right to make a claim for compensation. This may take the form of an accident benefits claim against yours or the driver’s insurance. It may also be pursued as a civil suit for damages against a negligent driver, or against the government body responsible for the hazardous infrastructure but to best handle your claim you should work with a bicycle accident lawyer with experience.

The issues in auto-cyclist cases are similar to those brought forth in an auto accident lawsuit. Cyclists can claim damages for pain and suffering, loss of income and other detrimental outcomes of an accident. Collisions are generally paid for by car insurance. Unlike motor vehicles, however, cyclists do not require licenses or insurance. What then happens in the event of an accident?

Damages To You Or Your Bike

In the case of an accident with damage to you or your bike, your bicycle may be protected by your home or car insurance. Additionally, dependents may be covered by their parents’ policy. In the unfortunate case of a hit-and-run accident, a cyclist may be able to seek compensation from Ontario’s Motor Vehicle Accident Claim Fund. This however, is the coverage of last resort.

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Johnson v. Milton (City) – Cycling Accident claim

Sometimes, however, an accident is neither a cyclist’s or driver’s fault. The 2006 case of Johnson v. Milton (City) illustrates the responsibility of municipalities to maintain safe road conditions and infrastructure. In this case Mrs. Johnson sued the municipality of Milton for an accident caused by the disrepair of Fourth Line Road that resulted in her husband’s death. The judge ruled in favour of Mrs. Johnson, finding that the city should have known about the road’s disrepair and, at minimum, warned cyclists of the hazards. The City of Oakville was found liable and Mrs. Johnson was awarded $1.3 million in damages.

Experienced Bike Accident Lawyers

Determining the value of your accident claim requires the experience of a personal injury lawyer. KCY at LAW have helped dozens of cycling accident victims establish a compelling case and gain appropriate compensation from at-fault drivers and government authorities responsible for road infrastructure. If you have been injured in a cycling accident by another person’s negligence call us today at (905) 639-0999­­­ or contact us online to discuss your claim.

Can You Sue The Good Samaritan?

There is a cynical expression that states: No good deed goes unpunished. Fortunately, thanks to Good Samaritan laws, good deeds done in emergency situations are rarely punishable. In all Canadian provinces except Quebec, bystanders are not legally obligated to help in an emergency. However, if you do decide to step in and something goes wrong, you will not be held liable.

Ontario’s Good Samaritan Act

Ontario’s Good Samaritan Act protects a rescuer from any liability should they attempt to help a victim in distress. If you find yourself witnessing an emergency situation unfold, you might question your ability to help in the given circumstances and wonder if you will face punitive action should you make a mistake under stress. The Good Samaritan Act ensures that fear of legal repercussion never stops someone from trying to help in an emergency. Good Samaritan laws are intended to encourage individuals to try to help when they can.

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Examples of The Good Samaritan Law

This act also applies to off-duty physicians. For example, if you are walking down the street and are involved in a motor vehicle accident and a passing doctor stops to help you, they cannot usually be sued for malpractice. A physician who voluntarily performs emergency treatment or first aid outside of a hospital is rarely accountable for damages as it is very rare for a doctor to fall below an expected standard of care in the event of an emergency without access to medical tools and resources.

Only if a physician’s act or omission in an emergency situation outside of a hospital causes further injury compared to another physician of typical experience in the given situation would it be possible to sue them for Gross Negligence.

Cleary v. Hansen – Standards for Rescuers

The 1981 case Cleary v. Hansen provides a good definition of the standard to which rescuers must adhere:

“Even during an attempt to assist someone in an emergency, the law expects reasonable care to be exercised, even though the standard is relaxed to a certain extent. The court does not expect perfection, but rescuers must be sensible. They, like anyone else, must weigh the advantages and the risks of their conduct. Their conduct, too, however laudable, must measure up to the standard of the reasonable person in similar circumstances.”

That is, breaking a rib while performing CPR is fine, improvising a surgery is probably not. Additionally, injuring someone else in the process of providing help could possibly be seen as grossly negligent. The Good Samaritan Act is not a carte blanche for reckless behaviour.

Medical Malpractice Experts

Medical malpractice suits can be the most difficult and costly claims to pursue and emergency circumstances can further complicate these claims.

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If you or someone you know have received negligent medical treatment, we at KCY at LAW have the knowledge and experience to help you make an informed decision and pursue necessary justice. Contact us at (905) 639-0999 or write us online to book your consultation.

Injured In An Accident? You May Have A Brain Injury!

Following a serious motor vehicle accident or trip or slip and fall accident, one of the first things any one notices are the physical injuries sustained, such as a broken leg, sprained ankle, or hematoma over the eye. What could get glossed over or minimized are the invisible injuries, such as headaches, cognitive deficits, and psychological issues. Unlike many physical injuries, these injuries tend not to be as apparent early on but that get increasingly worse as time passes.

Symptoms of Brain Injuries

symptoms-of-brain-injuries-personal-injury-lawyerCognitive deficits often come when an individual hits their head on something, experiences a whiplash-type effect, loses consciousness or suffers a concussion following an accident.  A brain injury affects individuals differently but some of the possible symptoms include:

  • Headaches
  • Nausea
  • Dizziness
  • Tinnitus
  • Short-term memory impairment
  • Difficulties concentrating
  • Sensitivity to light and sound
  • Irritability
  • Anxiety
  • Depression

Ultimately, it is crucial that your treatment providers take steps as early as possible following an accident to identify the presence of a possible brain injury.  If necessary, referrals out to brain injury or concussion clinics or specialists like neurologists should also be considered.

Cases Involving Brain Injuries Are Complicated

While technology and medical science are always evolving, cases involving brain injuries are often complicated and subject to a wide range of scrutiny, from defence counsel, insurers, and medical experts.  We at KCY at LAW can provide you with the information you need following a brain injury and to what extent you have a case.  We have a vast array of experts and specialists in the area of concussions and brain injuries at our disposal and can assist in ensuring that your injuries will be properly looked after.

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Brain Injury Legal Specialists

If you or someone you know has been involved in a serious accident and have suffered brain injuries and/or injuries to your head as a result, then call us now at (905) 639-0999 or contact us online to book your FREE consultation!

Social Media And Its Impact On Your Personal Injury Lawsuit

Social media, whether its Facebook, Instagram or Twitter, has and continues to become increasingly prevalent all over the world and used by people of all ages and walks of life.

Impact of Social Media on Lawsuits

The impact social media can have on an individual’s personal injury lawsuit, however, can be extremely detrimental. The problem lies in the fact that, by and large, individuals tend to only post updates or photos depicting positive life events. Rarely do we post about negative aspects of our life, such as the pain an individual experiences on a daily basis due to chronic pain stemming from a motor vehicle accident, or the fact that as a result of sustaining a concussion after tripping and falling over a crumbling sidewalk an individual is constantly suffering from impaired short-term memory. After all, who wants to visit a Facebook profile or Instagram page that only contains negativity?

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Cyber Searches & Audits

By only posting the positive, an illusion is created that one’s life is only full of happiness, humour, and joy. Right or wrong, this illusion may raise questions on behalf of defence counsel and their clients as to the legitimacy of an individual’s claim and the credibility of that individual’s statements regarding their condition. Also consider the fact that defence counsel and their clients are increasingly conducting surveillance, not only via video footage but also through cyber searches and audits.

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The risk is that a judge or a jury takes these positive updates or photographs at face value and draw a conclusion that an individual’s injuries cannot be that bad and/or that the compensation the individual is looking for is excessive in light of their seemingly enjoyable life. It is important to realize that this information can become very relevant for the purposes of your case and its chance of success.

Personal Injury Expert Lawyers

If you or someone you know has been seriously injured as a result of a motor vehicle accident or slip or trip and fall and have questions surrounding the use of social media evidence, we at KCY at LAW have the experience required to ensure your case has the best chance of success and that you receive the compensation you deserve. Give us a call at (905) 639-0999 or contact us online right now to book your FREE consultation!

Motor Vehicle Accident Lawsuits: What The Jury Does Not Know

Individuals who have suffered serious and permanent injuries as a result of a car or motorcycle accident may have a legitimate claim for compensation.  Regardless, most lawsuits that are commenced end up being fought between lawyers representing both sides.  While most lawsuits settle before trial, there are still many that do not and that end up being heard at trial by a jury.  While you may think that a jury will be sympathetic to your case and award you with the compensation you deserve, leaving your fate in the hands of a jury is always a risky endeavour to some extent.  To make matters worse, there is a lot of information that the jury is unaware of (and which they are not permitted to know about) regarding the motor vehicle accident lawsuits.

Motor Vehicle Accident Lawsuits & Insurance

motor-vehicle-accident-lawsuits-what-the-jury-does-not-knowThe first is the issue of insurance.  The jury is never told that the defendant(s) has insurance to pay (either in whole or in part) for the claim being brought against them.  In fact, the actual defendant(s) who is alleged to be at fault for the accident has virtually no involvement in the lawsuit itself.  It is the insurance company that the defendant(s)’ vehicle is covered under, and the representative on behalf of that insurance company, that is involved in the litigation process.  Most often, the only time the actual defendant is involved in the litigation process is during examinations for discovery, a step in the litigation process that often occurs years before the trial.  At trial, the jury will never hear any reference to the defendant’s insurer, insurance policy, or what the monetary limits of the policy are regarding lawsuits.

The Issue Of Threshold In Motor Vehicle Accident Lawsuits

Another issue that juries are unaware of is the issue of threshold.  Even if you are involved in an accident where someone else is determined to be at fault, and even if you have suffered injuries as a result of that accident, you may not have a lawsuit that is worth pursuing.  This is because your pain and suffering following the accident must be a serious and permanent impairment of an important physical, psychological, and/or emotional function.  If your injuries are not serious and/or permanent in this respect, you will fail to meet the required threshold and be unable to recover any compensation for your pain and suffering.  The jury is never told about this threshold and its potential impact on the outcome of your case.

Motor Vehicle Accident Deductible

A third issue is a deductible that is applicable to motor vehicle accident cases in particular.  Until very recently, even if it was determined that your injuries surpassed the above-noted threshold, if your pain and suffering was not valued at being at least $100,000.00, a $30,000.00 deductible applied.  Recently this deductible has increased to $36,540.00 for all motor vehicle accident cases where your pain and suffering is valued at less than $121,799.00.  This means that if a jury awards you $120,000.00 for your pain and suffering, you will only actually be awarded $83,460.00.  Much like the issues of insurance and threshold, the jury does not and is not allowed to know about this important fact.

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Motor Vehicle Accident Experts

If you or someone you know has been seriously injured in a car accident, you need a lawyer with the experience and expertise necessary to effectively advocate on your behalf and get you the compensation you deserve.  Contact KCY at LAW right away to book your FREE consultation!  Call us on (905) 639-0999 or contact us online now!

Inevitable Accident Or “Act Of God” Defence

Many negligence lawsuits involve the well-known legal test of “but for”. “But for” the negligence of another individual the accident would not have happened. “But for” the negligence of another individual I would not have been injured. However, in the context of a car accident the defence of “inevitable accident” or “Act of God” may be used by the lawyer representing the alleged negligent individual. Inevitable accidents are not caused by the negligence of any one person but rather are accidents that could not be prevented by reasonable care or caution. They are accidents that are caused by factors beyond the control of anyone. As a result, no one is at fault for the accident.

Defence of “Inevitable Accident”

An example of a defence of “inevitable accident” that has succeeded in the past involves a situation where an individual experiences a medical episode, such as a heart attack, that leads to a motor vehicle accident. If it can be proven that the individual who suffered from the heart attack had no forewarning of its onset, that the individual had zero past history involving similar medical episodes, and/or that the individual had no reason to believe that he or she may be at risk of having a heart attack, a successful “inevitable accident” defence may be made out. This essentially results in the injured party being unable to recover any damages from that individual or his or her insurance company, despite there being potentially very serious injuries.

Defence of Inevitable Accident  Or “Act Of God” - KCY at LAW

High Threshold for “Inevitable Accident” Defence

Given the potential impact a defence like this may have on the lawsuit of someone who is otherwise seriously injured following an accident, the threshold that the alleged negligent person or his or her lawyer needs to meet is very high. Cases involving the defence of “inevitable accident” or “Act of God” can be very complicated and many of them often involve the hiring experts to opine on the inevitability aspect of the defence. In the case of a medical episode for example, this may mean combing through countless medical records of the alleged negligent party to determine whether there was any indicator that said episode could result.

Threshold for Inevitable Accident Defence

“Inevitable Accident” Defence Experts

If you are or someone you know is dealing with a case that involves “inevitable accident” as part of the defence then contact KCY at LAW today to make sure your claim and case is properly handled. Call us today on (905) 639-0999 or contact us online for a FREE consultation!

Did Your Accident Occur Out-Of-Province? What You Need To Know!

What happens when you are involved in an accident, whether it is a motor vehicle accident or a slip or trip and fall, that occurs outside the province you live in? If different, do you look for a lawyer in the jurisdiction you were injured in or the jurisdiction you reside in?

Out-Of-Province Accidents

Personal Injury Lawyer Canada - Out of Province AccidentsIn many cases, you are required to prove there is a substantial connection between the jurisdiction that the accident occurred in and the jurisdiction you commence your lawsuit in. A variety of factors may be considered when determining whether there is such a connection.
Some of these factors can include the following:

  • Where did the accident occur?
  • Where does the injured person live?
  • Where does the alleged tortfeasor live?
  • What is the severity of your injuries?
  • Were there a number of witnesses that may be necessary at a trial? Where do they live?
  • Where does your family doctor and other treatment providers reside?
  • Would filing the lawsuit in one province or country as opposed to another be prejudicial to any parties involved?
  • If different, are there any particular rules and/or regulations between these locations that may affect where the lawsuit can be commenced?

Jurisdiction of Accidents Assessed On A Case-By-Case Basis

Whether or not an Ontario court assumes jurisdiction of any given accident, especially accidents occurring outside Ontario, is assessed on a case-by-case basis. If you or someone you know is seriously injured as a result of an accident that occurred out-of-province, it is critical that you speak to a lawyer to ensure that your rights are properly looked after. Even if the particular lawyer you meet with determines that your lawsuit in Ontario is doomed to fail due to jurisdictional issues, he or she should refer you to a lawyer in the jurisdiction where the accident took place.

Jurisdiction Assessed On A Case By Case Basis - Personal Injury Lawyer Ontario

Experienced Ontario Personal Injury Lawyers

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