A pedestrian accident is any accident in which a vehicle strikes a person who is not in a vehicle—in other words, someone who is on foot. A pedestrian can be walking, jogging, hiking, or even sitting or lying in a roadway. A pedestrian is also anyone who is hit by a car while on skates,…
Under normal circumstances, when you are injured in an Ontario motor vehicle accident caused by another driver’s negligence, you have the right to file a personal injury lawsuit against that driver and collect damages. Of course, in practice the negligent driver’s insurance is likely to pay the damages. What happens when the driver is an…
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…
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…
A slip-and-fall accident may be the fault of multiple parties. If your accident occurs in a shopping centre, for example, liability might ultimately fall on the owner of the premises, an individual store that rents space, or even a contractor who performed shoddy maintenance work. Of course, when there are multiple parties who may be…
A Ontario Occupiers’ Liability Act, the owner has a legal duty “to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.” While this does not mean…
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…
The Canadian family is changing. According to Statistics Canada, in 1991, 42% of Canadians were married, and 5.5% were cohabiting with another person as a couple. By 2017, the percentage of Canadians who were married had fallen to less than 39%, and the percentage who were cohabiting had jumped to almost 10%.Social shifts like these…
Like most Canadian provinces, Ontario follows a “loser-pays” rule in civil litigation. This means that as a general rule, the prevailing party in a lawsuit can seek reimbursement of a portion of the costs associated with the litigation from the losing party. Ultimately, if the parties fail to agree on costs, a judge makes the…
One of the more complex issues that often need to be addressed following a Toronto car accident is determining fault when two or more parties are involved. Take a simple, two-vehicle collision in which each driver insists the other caused the accident. What happens if a judge or jury decides both sides were liable to…
Despite the fact that Ontario law requires all drivers to carry automobile insurance, approximately 2,100 motor vehicles involved in Ontario collisions each year are uninsured. Usually, when a person is injured in an accident with an uninsured vehicle, he or she can still access the statutory accident benefits (SABs) provided by his or her own…
Given Ontario’s proximity to the United States, the prevalence of American media in popular culture, and the relative infrequency with which most people interact with the courts, it comes as no surprise that some Ontarians are more familiar with American legal concepts than their relevant Ontario counterparts.But personal injury cases in the United States and…
Although we may not think about it every time we sit behind the wheel, the chances of getting into an accident while we’re on the road linger in the back of our minds. And when we do get into an accident, we expect the other party to be cooperative. Unfortunately, sometimes drivers will get scared…
Last updated Feb. 12, 2018.Injury is the leading cause of death for children in Canada, reports the Public Health Agency of Canada. Many of these deaths involve acquired brain injuries. Early diagnosis and treatment is critical, given that the impact of a serious traumatic brain injury can be massive, extensive and long-term.The long-term implications of…
Pedestrians are especially vulnerable and can suffer disabling or fatal injuries because of a careless or negligent driver’s actions. Brain trauma, spinal cord injuries and facial lacerations are common injuries among those struck by cars while walking or traveling via wheelchair.Ontario laws protect pedestrians’ rights, but you still must take action to secure fair and…
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.
