Oshawa Distracted Driving Lawyer
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Although the majority of drivers follow traffic laws attentively, distracted driving is still a major problem in Ontario. A recent analysis conducted by the Ontario Ministry of Transportation determined that someone is injured by distracted driving every 30 minutes. The same study illustrates that the use of cell phones while driving increases the chance of an accident by a factor of four.
If you live or work in Oshawa and have been injured in an accident caused by a careless driver, a distracted driving accident lawyer can help you seek accountability and restitution.
Injuries Caused By Distracted Driving
Even the safest driver can be impacted by the behaviours of other motorists on the road. Accidents take only seconds to occur. That means something as simple as glancing at a text message may cause an otherwise preventable collision.
Car accidents caused by distracted driving can be fatal. They can also cause victims to sustain serious injuries, such as:
- Mobility impairments, including paralysis
- Traumatic brain injuries (TBI)
- Herniated discs
- Torn muscles
- Lacerations and burns
- Organ damage
- And possibly more
Accidents caused by a distracted driver can lead to both physical and emotional damage. Victims of crashes may experience symptoms of post-traumatic stress disorder (PTSD). They may also suffer debilitating physical injuries, which may negatively impact their Long-Term quality of life.
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Since 1959, we’ve helped thousands of Canadians get the compensation they deserve with their car accident claims. One of Canada’s oldest personal injury law firms, personal injury law is exclusively what we do. Book a free consultation today with our top-rated personal injury lawyers.
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Distracted Driving Caused By Electronic Devices
The Ontario Highway Traffic Act prohibits texting while driving. When motorists knowingly violate traffic laws, their behaviour endangers other drivers. If a driver causes an accident by disregarding traffic laws, their negligent conduct may entitle the accident’s victims to recover damages. Since motorists are responsible for operating their vehicles safely, distracted driving qualifies as negligence.
Even though the Ontario Highway Traffic Act states that electronic devices can lawfully be used while driving if operated using voice command settings, the operation of these devices may still result in distraction. Sudden changes in road conditions or traffic patterns may prevent a driver operating an electronic device from reacting quickly, which may cause an accident.
When car accidents are caused by distracted driving, law enforcement officers may issue a citation to the motorist at fault. Witnesses to the accident may be able to confirm if the other motorist was operating an electronic device before the accident.
Establishing Liability In A Distracted Driving Accident
Following a car accident caused by distracted driving, insurance companies determine fault by using the Ontario Fault Determination Rules. These rules outline more than 40 types of car accidents, using diagrams that can be applied to real-world accidents to determine responsibility.
If you’ve been involved in an accident, you have the right to submit evidence to your insurance company, including pictures from the accident scene, law enforcement accident reports, and medical bills. An Oshawa distracted driving accident lawyer can help you compile important evidence, and provide assistance if you choose to appeal the insurance company’s determination.
A distracted driving accident lawyer can help eligible clients illustrate that they sustained serious or permanent injuries as a result of the accident. Victims who have sustained injuries because of distracted driving may also be eligible to recover damages from the liable party for economic losses and pain and suffering following the collision.
Pain and suffering damages are awarded based on how your injuries impact your overall well-being and future quality of life. When the injuries you’ve sustained significantly impact your quality of life or result in future loss of income, a distracted driving accident lawyer serving Oshawa may be able to help you recover compensation.
Call Preszler Injury Lawyers Today
Injuries from a car accident caused by the negligence of a distracted driver can be devastating. Severe injuries may require hospitalization, rehabilitation, diminished quality of life, significant medical expenses, and loss of future income. An Oshawa distracted driving accident lawyer may be able to help you understand your legal rights and options following a car accident. To discuss the details of your case, call Preszler Injury Lawyers today for a free, initial consultation.
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car accident Settlements
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Download Our "Car Accident Lawsuits in Ontario" E-Book
Here’s an e-book you might find useful if you’re interested in learning more about how car accident claims work.
This guide to car accident lawsuits in Ontario will help you:
- Understand your rights after a car accident in Ontario
- Learn how and when to file a lawsuit against an at-fault driver
- Explore the types of damages you can pursue, including pain and suffering, loss of income, medical expenses, and more
- Identify the key steps in a car accident claim
- Know what kind of evidence to collect to strengthen your claim
- Understand how limitation periods and other legal deadlines will affect your claim
- Discover how a personal injury lawyer can help you on your legal journey to compensation
- And more
Download Our "Statutory Accident Benefits Schedule" E-Book
Here’s an e-book you might find useful if you’re interested in learning more about how accident benefit claims work.
In this ebook, you’ll learn about:
- How to apply for Accident Benefits
- Eligibility requirements for Accident Benefits
- Benefits and compensation available to workers and non-earners
- Benefits and compensation for caregivers of injured individuals
- Benefits available for medical and rehabilitation expenses
- Benefits available for death and funeral expenses
- The difference between minor injuries and catastrophic impairment injuries
- How a motor vehicle accident lawyer can help you ensure you receive all of the compensation you’re entitled to through SABS
- And more
More car accident Video Resources
We also have some videos on the topic of car accident claims
car accident FAQs
Here are some commonly asked questions for car accident claims
How soon after an accident can I start receiving loss of income benefits?
Loss of income benefits are typically paid to injured victims of motor vehicle accidents once their claim has been approved by their auto insurance provider. To receive these benefits, you may be required to provide your insurer with documentation from your employer, physicians, and other medical experts stating that your injuries prevent you from working. You will not be granted loss of income benefits for any wages lost during the first 7 days after the injury-causing collision, however you may be eligible to claim lost income for missed working days after that time limitation has elapsed.
What happens if my injuries meet the threshold of catastrophic impairment?
If your injuries meet the threshold of catastrophic impairment, you may be entitled to additional benefits such as increased medical and rehabilitation benefits, attendant care benefits, and housekeeping and home maintenance benefits.
Do my family members have the right to sue the at-fault driver?
Close family members of a person who has been injured or killed in a motor vehicle accident may be able to sue the at-fault driver for their own losses such as loss of care, guidance, and companionship.
How much money can I receive to cover lost wages before and after trial?
The amount of income replacement benefits you can receive will depend on your pre-accident income, but typically these benefits can cover up to 70% of your gross income before the accident, up to a maximum of $400 per week. If you pursue a civil claim against the at-fault driver whose negligence caused your collision, you may be able to recover 100% of your gross income loss and earning capacity after the trial.
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If you have more questions or need legal help regarding car accident claims, contact our legal team for help.
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