Under Ontario law, the owner of a car or other motor vehicle can be held legally responsible for an accident even if he or she was not the driver. Basically, if another driver uses your car with your permission and causes a motor vehicle accident, the victims can file a personal injury lawsuit against you…
There is a lot to take in following an auto accident. Oftentimes, the accident itself is a split-second occurrence, leaving other drivers and passengers unable to react in time. In the moments immediately following the collision, the victims may not stop to gather potentially useful information, including the identity of the other vehicle drivers involved.This…
All motorists in Ontario are required to have auto insurance. This is not just about following the law. If you are involved in an auto accident, your insurance carrier will provide you with certain statutory accident benefits. In addition, if another driver’s negligence caused the accident, their insurance carrier would be responsible for paying any…
In the immediate aftermath of a car accident, your first thought is probably not to document the scene or gather evidence. But if you are in a position to do just that, it can help you immeasurably when filing an insurance claim or even bringing a personal injury lawsuit. After all, your own recollection of…
Determining liability for a car accident often comes down to whom a B.C. judge finds more credible, the plaintiff or the defendant. In the absence of accident reconstruction experts or other specialists, personal injury claims typically succeed (or fail) based on a person’s ability to recall an accident that happened several years earlier. While judges…
In today’s society, there are more young drivers on the road than ever before. While this has increased independence for youth and has assisted busy families with the jam-packed schedules that families face today, the increase in underage drivers does not come without risks. Statistics show that underage drivers contribute to accidents, injury, and property…
In today’s fast-paced world filled with overscheduled people, it is not surprising that tired or fatigued driving has become a larger problem than at any time in recent history. All drivers are expected and legally required to do what is necessary in order to ensure that they are exercising reasonable care when operating motor vehicles….
How many of us have been in a motor vehicle accident or witnessed such an event and had the thought that an accident simply would have happened regardless of what the parties had done? Have you ever wondered how those types of accidents are sorted out in the legal system? Determining liability for accidents in…
In most car accidents, it is not too difficult to determine liability. If a driver runs a red light, for example, and hits another car in the intersection, it is pretty clear who is at fault. There are cases involving more unusual fact patterns that require courts to answer somewhat trickier legal questions.McKay v. Park:…
Following a motor vehicle accident, your insurance company is expected to pay you certain income replacement benefits (IRB) under Ontario’s Statutory Accident Benefits Schedule. IRB does not replace all of an accident victim’s pre-accident income. Rather, it provides payments of up to 70% of the victim’s gross weekly income, although no more than $400 per…
Liability for a motor vehicle accident is based on whether or not the defendant breached the applicable “standard of care,” and thus caused the plaintiff’s injuries. In Ontario, the general rule governing standard of care is what would an “ordinary, reasonable, cautious and prudent person in the position and circumstances of the defendant” do when…
Personal injury claims arising from motor vehicle accidents often come down to a battle of credibility, not only between the parties to the case, but also among any expert witnesses retained on their behalf. It is not uncommon for litigants to hire accident reconstruction experts to assist the court in determining fault, which in turn…
As we approach each holiday season in Canada, many of us will either attend or host parties where alcohol is served. Obviously, we all have an obligation not to drive while intoxicated. But when someone leaves a party drunk and causes a serious motor vehicle accident, can the victims pursue damages against the person who…
Not every personal injury claim arising from a motor vehicle accident goes to trial. More often than not, the parties (and their insurance companies) are able to reach an amicable settlement. By working with an experienced Toronto personal injury lawyer following a car accident, you can put yourself in the best position to obtain the…
When you read about a motor vehicle accident in the press, you may be tempted to jump to conclusions about who is responsible. For instance, let us say you read that two cars collided in an intersection. According to the initial reports, one of the drivers had been drinking and was possibly impaired. You might…
If you suffer a catastrophic injury in a motor vehicle accident, you may be legally disabled and therefore unable to return to work. Aside from any benefits you recover under your auto insurance policy, or from the negligent driver in a personal injury lawsuit, you may also qualify for other benefits, such as long-term disability…
On October 17, 2018, the use of recreational marijuana became legal throughout Canada. That makes Canada only the second country in the world to have legalized the drug nationwide, and the first member of the G7 countries to do so. As a pioneer in national marijuana legalization, many questions about the potential impact of that…
When you’re injured in an Ontario automobile accident, Ontario law and your auto insurance policy entitle you to receive certain statutory accident benefits regardless of fault. If, as a result of your accident, you are unable to return to work for a period, those benefits include income-replacement benefits.However, in some circumstances, your insurer can require…
In 2014, the most recent year for which final statistics are available, Ontario roads were home to more than 200,000 motor vehicle accidents. Although that number seems high, it amounted to only 1.61 collisions for every million kilometres travelled in the province.Put differently, for most Ontarians, being involved in a collision is a rare event….
When you are injured in a car accident, Ontario law guarantees your right to certain benefits from your insurance carrier. These rights are spelled out in the Statutory Accident Benefits Schedule (SABS) and cover much more than your immediate medical expenses or the damage to your vehicle.Ontario’s SABS also guarantees your right to income replacement…
When a rear-end car accident occurs, Ontario law starts with the presumption that the rear driver was responsible. This means that if a personal injury case goes to trial, the driver of the rear vehicle must prove he or she did not cause the rear-end accident.Among other things, this includes proving the driver maintained a…
According to Ontario traffic statistics, on average one person is injured in a distracted-driving collision every 30 minutes, and a driver using a phone is four times more likely to be involved in an accident than a driver paying full attention to the road. In 2014, distracted driving was responsible for one in every five…
According to preliminary statistics from the Ontario Ministry of Transportation, almost 500 Ontarians died as the result of 439 fatal traffic collisions during 2016. Though thankfully relatively rare, such cases are among the most tragic for everyone involved. Family and friends confront the unexpected loss of a loved one and the daunting prospect of living…
One of the first questions on many drivers’ minds following a motor vehicle accident is, “Am I at fault for the collision?” That question is important for several reasons. Who was at fault in Ontario auto accidents affects how much each person involved can recover for property damage and personal injuries. An at-fault driver can…
The results of this quiz are not intended to guarantee the outcome of your potential case. It is an application we have developed to help you get a better understanding of your situation and should not be viewed as the equivalent of speaking with an attorney.
