We tend to trust our eyes first and foremost. Things do not seem real if they are not visible. Something that we can see or even touch. However, some injuries are elusive. Whiplash is a perfect example of an injury that has very few visible signs.  With its often-delayed onset of symptoms, sometimes the accident victim is not immediately aware that they have been hurt.

But what exactly is whiplash? What typically causes it? What should you look out for if you think you have sustained an injury that could lead to whiplash? And what should you do if you think someone else is responsible for your injury? Read on to find out.

What is Whiplash?

The term whiplash refers to a group of neck injuries that involve sudden distortion and extension. The mechanism of the injury, although sometimes mysterious in nature, is called cervical acceleration-deceleration syndrome (CAD). The resulting injuries and symptoms are called whiplash-associated disorders (WAD).

The injury is often associated with car accidents, especially rear-end collisions. Other common sources of injury include extreme activities such as bungee jumping, and slip and fall accidents. Insurance companies commonly report that whiplash is one of the most often claimed auto-related injuries. A 2007 study out of the United Kingdom reported 430,000 whiplash claims and that the cost of paying out such claims accounted for 14% of all insurance premiums that year.

But whiplash injuries pre-date automobiles. The condition was once known as railway spine due to its common association with train collisions.

In the medical community today, there is a broad consensus that acute whiplash is a very real condition. However, support for chronic whiplash is less forthcoming. While there are those who believe these problems can be catastrophic and long term, other academics have tried to discredit chronic whiplash sufferers by suggesting there are financial motivations at play. This is very unfortunate for those who have a lifetime of suffering ahead of them.

Signs and Symptoms of Whiplash

The most common physical symptoms reported by whiplash sufferers include:

• neck/back aches and pains
• shoulder pain
• arm/leg sensory disturbance (pins and needles)
• headaches

Although, symptoms may appear right after the injury happens, they sometimes go days before being felt. Whiplash usually impacts the neck and the middle of the spine.

Pain between the shoulder and neck is very common, suggesting a missing link toward the inside of the shoulder. This might explain why neck therapy by itself does not give lasting relief in many cases.

Whiplash may also has some associated cognitive symptoms. Patients often report being irritated and easily distracted. Severe CAD cases can lead to brain injury called a Coupcontra-coup injury. This is a result of the brain itself being accelerated back and forth as your head and neck are thrown around.

Common Causes of Whiplash

Whiplash happens when the cervical vertebrae are suddenly extended and flexed, often resulting in sprains to the nuchal ligament and the anterior longitudinal ligament. It can also be caused by impulsive retraction of the spine. This is usually caused by the head snapping forward and back, resulting in a torn or stretched anterior longitudinal ligament.

When an auto accident is involved, the resulting whiplash is usually a CAD injury. From cadaver studies, we know that the spines of vehicle occupants who are struck from behind compress and then hyper-extend at the moment of impact. Motion similar to a rear-end collision might also cause whiplash in situations such as:

• amusement park rides
• sports injuries
• airplane travel
• being hit, kicked, or shaken

Delayed Onset of Symptoms

One of the biggest problems with whiplash is that it usually takes a while before you know that it is there. If you are hurt in a car accident and feel the pain immediately, you can be treated on scene for your injury and it will be properly documented in the police report. However, the chances are that you will not even know you have whiplash while you still have emergency personnel close at hand. Most symptoms of whiplash are slow to appear, therefore you may not know that you have it for a few days.

It can be problematic if you develop signs of whiplash later. Your insurance company or the at-fault third party might use any statements that you may have made indicating that you were not in pain at the scene of an accident against you. To that end, it might be best to decline from commenting on your physical condition until after you have seen a doctor.

If You have Whiplash because of an Accident

If you develop whiplash after being hurt in an accident, you need to consult with an experienced personal injury lawyer as quickly as possible. Filing all the necessary paperwork for insurance claims and lawsuits can be an involved and complicated process. Having a well-versed legal advisor at such a time could prove invaluable. Also, depending on the circumstances, there are various time limits to consider. A good lawyer can make sure you never miss a deadline.

Personal Injury Documentation

It is not easy to prove a whiplash case. For one thing, there is the social stigma attached to it. Film and TV depictions of whiplash victims often show someone perpetrating a fraud. For another, there is no definitive medical test to diagnose the condition with. Medical imaging such as, MRIs and X-rays, do not depict whiplash. Doctor’s diagnose whiplash primarily based on reported symptoms.

For this reason, insurance companies are ready to fight tooth and nail to deny whiplash claims. According to the Whiplash Prevention Campaign, Canadian’s make two million whiplash claims every year. This reality provides incentive for insurers to deny every payout possible.

The best approach to successfully suing for whiplash is a well-documented medical history. A rich paper trail will not only establish a solid history, but it also says a lot about you as a person. When an insurance company’s lawyers are willing to do anything to cast doubt on your personal integrity, documentation can be a real saving grace. When your complaints line up with corroborating evidence provided by medical professionals, it speaks volumes about your personal integrity.

Be sure to keep track of the following in a journal:

• symptoms
• treatments
• medical appointments
• treatment progress

The High Cost of Chronic Pain

Looks can be deceiving, especially when you consider the invisible, difficult to diagnose aches and pains associated with long-term whiplash. Others may not be able to see that you are injured, and your medical team might be hard pressed to produce evidence of injury. But your suffering is real. If you are not responsible or only partially responsible for the accident that caused your injury, you could be entitled to compensation. The expense associated with medical treatments and therapy for chronic whiplash can really add up.

If you are suffering from chronic whiplash, you owe it to yourself and your loved ones to see that you get the compensation you deserve. Consult an experienced lawyer as soon as you can to see if you have a case.

Contact the Team at Mackesy Smye LLP Today

Contact the experienced personal injury lawyers at Mackesy Smye LLP today by using the form below if you or a loved one is unjustly suffering from a whiplash injury. Whether you were injured in a car accident, a slip and fall incident, or any other means, our dedicated team will offer you a free consultation on your case and advise you on the best way to get the compensation you deserve.

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Anyone who spends time on the 400 series of highways in Ontario has witnessed at least one case of what the law would deem dangerous driving. You are just driving along, going with the flow of traffic, when suddenly another driver comes from behind, passing you on the right at high speed, out of nowhere, with virtually no warning. As they race ahead of you, they weave in and out of other cars with little regard for the safety of others.

Although television and film often glorify extreme driving, making it seem “cool”, the reality is that people who choose to imitate their adrenaline-fueled idols on public roadways are a menace to public safety. These maniacs are actually putting others at extreme risk every time they act out these scenes. The drivers and passengers they share the road with have a much higher risk of being involved in a car accident through no fault of their own. Because of the excessive speeds involved, the injuries resulting from these accidents tend to be much more serious – sometimes resulting in fatal accidents.

In this article, we will examine street racing and stunt driving in Ontario in depth, focusing on what qualifies as street racing and dangerous driving, and the penalties involved – from a legal standpoint and also from an insurance perspective. We will also look at some of the things that you might not expect to be classified as stunt driving. Finally, we will review how and why reckless driving makes vehicle collisions so much worse for all parties involved.

The Dangers of High-Speed Driving

The faster someone drives the more likely they are to cause an accident. That is just common sense. Controlling a motor vehicle requires concentration and quick reflexes, even when you are just going down the street to pick up milk and eggs. Driving faster requires more focus and even shorter reaction times, and extreme driving pushes a driver’s ability to maintain control to the absolute limit.

Recent studies show that going 50 km/h over the posted speed limit on a 100 km/h highway makes a driver five times as likely to cause a traffic accident that could seriously injure and maybe even kill an innocent person. These risks are tenfold when travelling at excessive speeds on city streets. Driving 50 km/h over a posted limit of 60 km/h or lower increases the risk of serious injury or death by a factor of eight.

To combat the risk faced by responsible drivers and passengers who have to share the road with these reckless drivers, the Ontario Government has taken action in recent years to discourage street racing and stunt driving through a combination of penalties, including immediate vehicle seizures, high fines, road-side licence suspensions, accumulation of demerit points, and even the possibility of jail time.

The Penalties for Street Racing in Ontario

Under the Highway Traffic Act, R.S.O. 1990, c. H.8, O. Reg. 455/07: Races, Contests and Stunts, street racers and stunt drivers face severe consequences. For starters, the arresting officer can impose an immediate roadside seven-day license suspension and vehicle impoundment if they have reasonable, probable grounds. The vehicle is impounded even if the driver is not the registered owner.

If the driver is convicted of racing or stunt driving, the courts can impose fines anywhere from $2,000 to $10,000. Those fines double if drugs or alcohol have played a role. The driver could lose their licence for up to two years, and if it is their second such conviction within ten years, the suspension could be for up to ten years. Guilty parties will also accumulate six demerit points, and there is also the possibility of up to six months in jail.

These are just the charges a driver risks if they do not hurt anyone else.

Dangerous Driving and Insurance

Street racing and stunt driving will also drive up the offending party’s insurance rates for years. Insurance companies always review the driving record of new customers, as well as a good percentage of those whose policies are renewing. The convictions associated with this type of driving are considered major offences. At the very least, it will drive up the price of the driver’s premium or it could result in the company refusing to insure them at all.

Insurance companies in Ontario have different levels of risk they are willing to accept, and a lot of them simply refuse to insure drivers with major convictions on their records. And why not? Such drivers have demonstrated they are a danger to themselves and others and make insurance more expensive for everyone else.

These drivers usually have to get insurance through the Facility Association. Essentially, this organization exists because all licenced vehicle owners need to carry auto insurance even if most insurers refuse to cover them. The Facility Association takes all cases, regardless of record, but it is anything but cheap.

Other Risky Behaviours that Qualify as Reckless Driving

Mention stunt driving and most people tend to associate it with street racing or other dangerous driving habits. While driving 50 km/h over the posted speed limit is indeed one of the major reasons this law exists, there are several other infractions covered under the same umbrella that might surprise you.

Many of the other offences are clearly dangerous, while others used to fall into the category of people blowing off steam or being mischievous.

Among the more obvious behaviours are preventing another vehicle from passing, intentionally cutting someone off, or tailgating – whether that be to another vehicle, a pedestrian, or a fixed object. All instances of road rage, of course, also qualify.

But it’s also considered stunt driving if you endanger others by doing donuts, driving a vehicle with someone in the trunk, or letting someone not in the driver’s seat operate the vehicle. Hold the wheel? No, thanks.

Stunt driving also includes popping wheelies on a motorcycle. Further, if a driver has a nitrous oxide system that potentially allows their engine to have more oxygen available for combustion, it is considered stunt driving just to drive while it is connected, even if they do not use it.

Lawsuits Resulting from Street Racing and Stunt Driving

As mentioned above, the high speeds and reckless behaviour associated with street racing and stunt driving often lead to accidents with more serious injuries and a great likelihood of causing death. As a result, these accidents are more likely to cross the threshold that allows an injured party to sue an at-fault third party for pain and suffering.

With Ontario’s no-fault insurance system, if you’re injured in a car crash, most of your expenses will be covered by submitting claims to your own auto insurance provider. You may also be entitled to income replacement benefits.

Under the current system, the right to sue a third party for liability only becomes an option when the accident kills someone or the injuries are permanent and serious causing disfigurement or impairment of an important physical, mental, or psychological function.

This may mean further burdens and deductions; you should, however, always see an expert so they can advise you specifically to your case. The first step is retaining a well-qualified personal injury lawyer as soon as possible to help you navigate the long road ahead of you.

To Summarize

Stunt driving and street racing puts innocent motorists at unacceptable risk and often results in serious, permanent injury or even death.

Even with increasingly stiffer punishments for such reckless and antisocial behaviour, the problems persist. Fortunately, if you are the innocent victim of such an incident, you are well within your rights to sue the at-fault party for pain and suffering if your injuries exceed the legal threshold discussed above.

Have you been Seriously Injured by a Reckless Driver?

For a consultation about your case, follow the link below to contact Mackesy Smye today. Our dedicated team of experienced personal injury lawyers will review your file and give you an honest assessment on whether you have a case or not, and if we can help.

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In today’s world of rapid advances in technology, the line between science fiction and reality gets increasingly blurred each day. Nothing typifies this change like the rise of automated and autonomous vehicles.

As advanced features such as adaptive cruise control, parking assist, and lane departure warning systems become more commonplace, the question of responsibility in the event of an accident needs to be addressed. As the car itself assumes more control of the driving experience, are automakers going to be opening themselves up to more product liability?

In this article, we examine the shifting landscape of advanced driver-assistance systems and explore some of the possible impacts they’ll have when it comes to determining fault in car accidents.

The future, today

While we’re not living in a Philip K. Dick novel just yet, the technology going into driver-assistance features is evolving at a much faster rate than the laws that regulate things such as highway safety and automobile insurance. In December 2018, the Insurance Bureau of Canada (IBC) released a paper entitled Auto Insurance for Automated Vehicles: Preparing for the Future of Mobility in order to address this issue.

This paper lays out several recommendations about how the insurance industry and Canada’s lawmakers can better address issues specific to autonomous vehicles on our roads. Widely seen by insurers and brokers as a good starting point, the paper does its best to get the ball rolling on what could be one of the more interesting debates in the coming decade.

Chief among the recommendations in the paper are the following:

• A single insurance policy that covers both driver negligence and malfunctions in automated driving technology need to be developed in order to better facilitate liability claims;
• A legislated data-sharing arrangement between car makers, owners, and/or insurers to help determine accident causes, enabling the car industry to better equip vehicles with accident prevention technology and the insurance industry with better policies;
• And a need to update the federal vehicle safety standards to address new technology and cyber security standards.

The problems with at fault determination

While no one can say for sure when autonomous vehicles will become the norm, automakers are optimistic. Companies such as Nissan, Ford, and Volvo see self-driving cars on our highways as a very real possibility in the next decade. Therefore, the need to resolve the legal issues surrounding these cares is paramount.

Assigning liability at an automobile accident under the current legal regime is quite difficult. There may be a number of factors involved, including number of drivers, road conditions, and manufacturer’s defects, to name a few.

As control of the vehicle is transferred to the advanced driver-assist systems, there is an increasing potential that an accident may be caused by a system malfunction, particularly in the early days of design and integration. This creates even more liability issues, begging the question, would system malfunctions cause an automaker to be liable for accidents?

While automakers and technology companies have coverage in place for potential liability issues, a duty of care would need to be established. In addition, the plaintiff (the injured party) and their qualified experts would be required to show that the car did in fact malfunction and that the manufacturer acted negligently in producing the automobile.

One of the major hurdles involved in automated driving litigation lies in the digital design of these systems. While software can indeed malfunction and potentially lead to a motor vehicle accident, no court has ever ruled that a coding error, or something of the sorts, constitutes a manufacturing defect.

The benefits of a single policy

Ontario’s current no fault insurance system is littered with flaws, unnecessary delays, and is far from a comprehensive, streamlined system. It is often the case that someone must be sued in order to recover the money that an injured person is owed.

Advanced driver-assist systems complicate Ontario’s insurance system, as there is the potential for an “at-fault driver” to not be at fault at all. Given a scenario where an auto-manufacturer has negligently produced a faulty driver assisted car, the lawsuit that would follow has the potential to become very complicated and expensive for an injured party.

The single policy proposed by the IBC report would bring auto manufacturers, tech companies that make advanced driver-assistance systems, and consumers under the single existing insurance structure. With such a policy, an injured driver would make a claim directly to their insurance company, and the insurer would recover costs from the vehicle manufacturer or technology provider. Again, this may not cover everything in a case of catastrophic loss, but it would do a lot to streamline the claims process for many.

Sharing is caring

An issue with incorporating a single policy system is consumer and corporate unwillingness to share data. While the data recovered from such a sharing system would inform how accidents are occurring, many consumers would view the system as an invasion of privacy.

For a single insurance policy to be effective, storing and sharing car accident data is essential. However, getting a data-sharing agreement in place will likely prove hard to legislate and implement. Canada has some of the world’s most stringent data privacy measures in effect. Under these laws, car manufacturers and technology companies producing driver assisted systems do not need to reveal data to insurer’s which may assist in establishing their own liability. Thus, these companies may lobby against the necessary changes to the privacy legislation, which would enable such a share regime to exist.

Implementing a data-sharing agreement raises a lot of questions, especially about who will host and control this data. But a well-managed system will go a long way to determining fault in such accidents.

Recent developments stateside

To date, there have already been accidents in the United States involving autonomous vehicles. In one incident, on March 18, 2019, a self-driving vehicle operated by Uber even struck and killed a pedestrian in Phoenix, Arizona. Unfortunately, all of these cases settled privately.

In the Arizona case, Uber reached a settlement with the family within 10 days. According to Agnieszka McPeak, a law professor at the University of Toledo, “That case settled pretty quickly because they [Uber] don’t want [to set a] negative precedent. As soon as there’s a case that goes against them, it opens up a Pandora’s box of liability.”

The future of autonomous vehicles in Ontario

As life continues to imitate science fiction, sharing our roadways with autonomous vehicles will become more and more commonplace. With the US National Highway Traffic Safety Administration reporting that the primary cause in over 90% of car accidents is human error, we should all be safer once smart technology is firmly and securely in place.

In the meantime, there will be a transition as autonomous vehicles and “old-fashioned” human driven cars must share the road. Hopefully, the recommendations of the IBC are implemented sooner than later, and the legal process of sorting out liability in an accident is made clear for all.

Are advanced driver-assistance systems to blame for your injuries?

If you or a loved one has been injured in a crash involving an autonomous or semi-autonomous vehicle, including your own, contact the experienced personal injury team at Mackesy Smye today by following the contact link below. We’ll review your case for free and make sure you have the best representation possible should you decide to proceed with your claim.

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Ridesharing services like Uber and Lyft have been operating in Ontario for a few years now. They’re an exciting alternative to taking a cab and a nice way for many people to make some extra cash in their free time. But, as far as insurance is concerned, they can complicate matters in the event of an accident.

To help you untangle this relatively thorny issue, we have put together this simple guide to who pays what when one of these vehicles gets into an accident. We’ll begin with a basic snapshot of how insurance covers you in the event of a typical accident, and then expand to look at how ridesharing changes things for both drivers and passengers as well as the impact for drivers of other vehicles.

Figuring out who to file an accident insurance claim with when you’re injured in an accident involving a ridesharing vehicle can be confusing. Who’s liable? This article should help clear up the most common questions people have on the subject.

The basics – Auto Insurance in Ontario

Before we can understand how ridesharing impacts insurance coverage, let’s review the basics. In Ontario, we use a no-fault insurance model. This doesn’t mean that fault isn’t assigned in accidents – trust us, it is. What it means is that everyone who carries auto insurance is entitled to certain coverages regardless of how fault is assigned in an accident.

Because of this, you can apply directly to your insurer if you’ve been injured in an accident and need to claim for certain medical expenses. The idea is to simplify and speed up the claims process while reducing the need to sue third parties for less severe injuries.

Mandatory Insurance Coverages

By law, every insurance policy must provide certain mandatory coverages. For the purposes of this discussion, the most important coverages are statutory accident benefits and third-party liability.

Statutory accident benefits cover you and the occupants of your vehicle for injuries sustained in an accident and cover things like:

• supplementary medical benefits
• rehabilitation and attendant care benefits
• caregiver benefits
• non-earner benefits
• income replacement benefits

These are the no-fault coverages you go directly to your own insurer for.

Third-party liability covers injury and property damage to another person. If you’re injured by an at-fault driver and the related expenses will exceed your statutory accident benefits coverage, you can sue the other driver. Their settlement will be covered by their third-party liability insurance.

On the other hand, if you’re at fault for the accident, the injured party might come after you for liability. And if the fault is shared, the degree to which a third party is at fault will limit the amount of damages that can be awarded.

Ridesharing in Ontario – A Quick Overview

Much to the traditional taxi industry’s chagrin, it looks like ridesharing services like Uber and Lyft are going to be around for a while. According to one news source, there were 67,000 registered rideshare drivers in Ontario in 2018, and that number keeps growing.

Ridesharing allows users to request rides from drivers connected through mobile apps. The driver drives their own vehicle, picks up the passenger, and drives them wherever they need to go for a fee.

Although some ridesharing companies were initially hesitant to share the details of their insurance coverage at first, that has since all been straightened out. The Financial Services Commission of Ontario maintains a website now detailing all there is to know about who insures vehicles being used for ridesharing.

It’s a good idea to only use ridesharing services listed on this page. If not, you could be riding at your own risk.

Insurance for Uber & Lyft Drivers

If you drive for a ridesharing company, the company’s insurance only covers you while you’re driving for them. You are only considered to be driving for a company when you are logged into their app. The moment you drop off your last ride and log off the app, you are back to your personal coverage.

If you get into an accident, you can only claim statutory accident benefits from the policy in force at the time of the accident. So, if you’re logged in to the ridesharing app, it’s the ridesharing company’s policy that covers you. If not, you would file a claim with your personal insurer.

In either case, if you suffered a serious injury and need to make a liability claim against an at-fault driver, you would file a liability claim with that driver’s insurance company.

Secondary Considerations for Uber & Lyft Drivers

You need to inform your personal insurance company if you’re going to use your vehicle for ridesharing. Sometimes, your insurer might even be able to provide additional coverage over and above the ridesharing company’s insurance plan. There may, however, be a fee involved for this.

You should note that your insurer is not obligated to let you use your vehicle for ridesharing. Be prepared for them to attempt to cancel or refuse to renew your policy.

Also, if you lease or rent your vehicle, chances are you may be unable to participate in ridesharing as per the terms of your agreement.

Finally, some drivers drive for more than one ridesharing company at the same time. This tempts fate by involving more than one insurance company in a claim, something which has yet been tested in the courts. Uber is insured through Intact, while Lyft is underwritten by Aviva. Should you be logged in as a driver for both companies at the time of your accident, it might take a while to sort out who will pay what (if anything).

Insurance for Rideshare Passengers

If you’re injured as a passenger in a ridesharing vehicle, your claims process will be determined by the following factors:

• whether you have your own vehicle insurance (or are covered under another policy)
• whether a third party is at fault

If you have your own insurance, they’ll be the ones to call to cover statutory accident benefits claims. If you don’t, you can claim those coverages through the ridesharing company’s insurance.

If your injuries are serious and you require more than what your statutory accident benefits will cover, you have the option of suing the at-fault party. Since you weren’t driving, the rules of fault determination will not apply to you. If fault is split between the ridesharing driver and a third party, you would seek compensation from both insurance companies.

If the ridesharing driver is at fault, don’t worry. The third-party driver can’t come after you for liability.

Insurance for Third Parties

If you’re driving a vehicle that gets involved in an accident with a ridesharing vehicle, the claims process is relatively simple.

If you require coverage for medical expenses, go to your insurance company and apply for statutory accident benefits. If your injuries are more serious and the ridesharing driver is at fault, you can claim third-party liability from the ridesharing driver’s insurance – whichever one is covering them at the time of the accident.

Keep in mind that it all depends on whether the driver was logged in to the ridesharing app when the accident happens (see above). If they were driving for the ridesharing company at the time, then the company’s policy will cover your liability claim. If the driver is logged out, then their personal auto insurance will cover you.

Personal Injury Process – Ride Sharing Accidents

Making a personal injury claim is usually a confusing process. And adding ridesharing into the mix muddies the waters that much more. But going through the steps outlined above should give you a better understanding of who’s responsible for covering damages arising from your accident.

It’s always a good idea to talk to a qualified personal injury lawyer if you have any questions about such a serious, complicated matter. A personal injury lawyer can help you make sure you get the compensation you deserve by getting your claims filed with the right parties in a timely manner.

Have you been Injured by an Uber or Lyft driver?

Use the form below to request a free, no-obligation consultation with Mackesy Smye if you’ve been hurt in an accident with a ridesharing vehicle. Whether you were driving the vehicle, a passenger in the vehicle, or a third party involved in the accident, we’ll help you figure out who’s responsible for your losses and help you recover the compensation you deserve.

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There’s nothing like the freedom of the open highway, opening up the throttle on your motorbike with the sun in your face and the wind in your hair. Except for the wind in your hair bit. Because in Ontario, wearing a helmet is mandatory for good reason – with only one exemption (see below).

In this article, we’ll examine motorcycles in general and helmet laws in particular. We’ll look at why we need helmet laws with a closer look at things that can happen if you’re involved in an accident. And, if you are involved in a crash, we’ve got some actionable steps for you to follow to make sure you’re covered for all damages and losses.

Motorcycle Accidents

Riding motorcycles is on the rise as its appeal among a broader group of people. Where it used to be thought of as a pastime for young people, these days riders could be any age from teenager to senior citizen.

Indeed, there has been an upward demographic shift in the average age of motorcyclists in recent years. Riding is a habit-forming pursuit with many avid enthusiasts hitting the road every spring and summer well into their sixties.

An important factor to consider, though, when riding a motorcycle is vulnerability. While a major part of the thrill of biking is riding atop a high-performance machine in the relatively open air, it is not without danger. Where involved in a single-vehicle crash or a collision with another vehicle, motorcycle riders face a much higher risk of injury or death than other drivers.

There are tragic motorcycle accidents in Ontario every summer weekend. In one such incident in 2015 near Belleville, a car crossed over into oncoming traffic. This caused a head-on collision involving three of a group of eight riders traveling together. Two of the riders, one of whom had just become a grandfather, died, the other suffering serious injuries.

But riders injured through the negligence of others are entitled to compensation for losses and damages related to their accident, as we’ll see below.

Reducing the Risk of Traumatic Brain Injury (TBI)

The leading cause of death for motorcyclists of all ages is serious head injury. According to the Insurance Institute for Highway Safety, helmets can prevent 37% of deaths and 67% of traumatic brain injuries (TBI) related to motorcycle accidents. The Institute also cites anti-lock brakes (ABS) as another crucial safety feature. Fatal collisions are 31% less likely when bikes come equipped with ABS systems.

TBI often results from a sudden blow to the head. In these cases, the brain’s inertia causes it to be thrown forward, bruising as it impacts the skull. Nerve fibers are often damaged, as well. Without immediate treatment, TBI often leads to death. Even properly treated, the effects can be devastating, both for the victim and their family. Concussion, memory loss, difficulty thinking, trouble concentrating, headaches, emotional problems, and loss of language function can all play a factor here.

These changes can radically affect a victim’s life, including their job performance, family life, and everyday social interactions.

In some cases, TBI might also impair the function of the arms and/or legs and might even cause a coma.

Other Common Motorcycle Personal Injuries

While the main focus of this article is on head injuries that can be reduced when you wear a proper helmet, it should be noted that there is a multitude of other injuries often associated with motorcycle crashes. The most common of these injuries include neck injuries, skin abrasions (AKA road rash), arm/leg injuries, and muscle/soft tissue damage.

Neck injuries associated with bike accidents could lead to chronic pain syndrome, spinal injury, and maybe even paralysis. 22% of motorcycle accidents involve either a head or neck injury.

Discussions of road rash are not for the squeamish. Suffice to say, the pavement can rip away at your skin if not properly protected, sometimes right down to the bone. The aftermath could involve infection, irritated skin, and maybe even nerve damage. Proper protective clothing can help reduce your risk of road rash in an accident. Protective gear can also reduce the muscle damage often associated with a violent impact.

Cyclists thrown clear of their bikes often land on their outstretched arms, leading to fractures and nerve damage. Also, a Centers for Disease Control study found that 30% of motorcycle accidents lead to leg and foot injuries sometimes associated with skidding and pinning.

Ontario’s Helmet Laws

As noted above, helmets prevent 37% of deaths and 67% of TBIs in motorcycle accidents. That is why it’s law in Ontario for all operators and riders to wear an approved helmet. A legal helmet has:

• a smooth, hard outer shell
• protective padding
• a chin strap to securely fasten the helmet
• no damage from prior use

The helmet must bear one of the following certifications in accordance with R.R.O. 1990, Regulation 610:

• Canadian Standards Association m(CSA) Standard D230 Safety Helmets for Motorcycle Riders
• Snell Memorial Foundation certificate
• British Standards Institute certificate
• United States of America Federal Motor Vehicle Safety Standard 218 with the U.S. Department of Transportation (DOT) symbol
• United Nations Economic Commission for Europe Regulation No. 22 with an approval mark

The New Exemption for Sikhs

As of 2018, Ontario’s Ministry of Transportation recognizes an exemption to the Highway Traffic Act that now allows turban-wearing Sikhs to ride motorcycles without helmets. In doing so, Ontario became the fourth Canadian province – after Alberta, British Columbia, and Manitoba – to allow this. The move was made, according to Premier Doug Ford, to recognize their civil rights and right to religious expression, despite concerns raised by medical professionals.

It is a debate that has gone back and forth in Ontario since 2005 when a devout Sikh, Baljinder Badesha, was fined $110 for not wearing a helmet. In 2014, former Premier Kathleen Wynne went on record telling the Canadian Sikh Association she couldn’t support such an exemption as it “would pose a road safety risk.” She stated that the mandatory helmet law didn’t infringe on the liberties protected by the Charter of Rights and Freedoms or the Ontario Human Rights Code.

It’s also a cause that was championed by national New Democratic Party leader Jagmeet Singh when he served as an MPP in the Ontario Legislature. He introduced private member’s bills for an exemption in both 2013 and 2016 to no avail.

What to do if You’ve Been Involved in a Motorcycle Accident

If you’re hurt in a motorcycle accident for which a third party is at fault and you’re considering legal action, you need to do these four things.

1. Report the accident to the police

A police accident report serves as legal proof that your accident happened. Without it, you don’t have much of a case.

2. See a doctor

If you’re obviously hurt, chances are you’ll be taken to the hospital in an ambulance. All the medical records from your emergency room visit will serve as a good starting point when it comes time to build your case. But if the severity of your injuries isn’t immediately apparent, see a doctor as soon as you realize there’s a problem.

3. Notify your insurance company

Ontario’s no-fault vehicle insurance has some great benefits built into it to help accident victims cover a variety of expenses. Be sure to notify your insurer within seven days of the accident so they won’t automatically reject your claim.

4. Consult a lawyer

An experienced personal injury lawyer will be able to give you an idea about what kind of case you have and help you decide if you want to pursue a lawsuit. Even though you’re in pain, do your best to see a lawyer as soon as possible. Depending on the circumstances of your case, there may be certain deadlines involved that you can’t afford to miss.

Freedom – But Safety First

The open road is calling. But don’t forget to wear a helmet. Wearing a proper helmet will cut your risk of dying on a motorcycle by a third and reduce the likelihood of TBI by two thirds. And even though Sikhs are exempted from the helmet law on religious grounds, they do so at great personal risk.

Have You Been Hurt in a Motorcycle Accident?

There is a significant risk of serious injury or even death when you are involved in a motorcycle accident. If you’ve been hurt, contact the dedicated personal injury team at Mackesy Smye today. Use the contact link below to tell us about the details of your case and we’ll review your case for free.

The post Personal Injury & Motorcycles: Helmet Laws in Ontario appeared first on Mackesy Smye.

If you’ve been injured in a car, truck, or motorcycle accident, you probably have a lot of questions. Is there a proper procedure you need to follow? Where can you find the guidance you need? And when should you consider hiring a lawyer?

The issues involved in making sure everyone is fairly compensated after an accident can be thorny indeed, even in relatively straightforward interactions with your insurance company. There are many factors to determine, including:

• determining fault
• assessing damages and injuries
• deciding whether the settlement you’re being offered is acceptable

You’ve been in an accident — now what?

After an accident, make sure you’ve exchanged insurance information with the other driver and reported the accident to the police. Minor accidents can be taken to a collision reporting centre. But if emergency services had to be called to the scene, there should already be a police report.

If you suspect that you’ve been injured at all, seek medical assessment either by visiting your family doctor, attending a walk-in clinic or going to an emergency room. Should you need to submit a claim for your injuries, you’ll need a well-documented medical history. This is especially important with soft-tissue injuries which can sometimes take a while to develop.

If any injury or property damage is involved, you’ll have seven days to report the accident to your own insurance company, whether you’re at fault or not. Failure to report in a reasonable amount of time could result in a denied claim, so don’t delay.

Information that’ll come in handy

You’ll be expected to have some info on hand when you call your insurance company. Having things prepared will help get the ball rolling and help speed up the process a little.

Make sure you have complete insurance information for all drivers involved in the accident as well as their cars (make, model, year, registration, and plate number if possible). And have all of the details of the accident straight (date, time, location, nature of injuries/damages, passengers involved, name/badge number of investigating officer or officers).

Also, take a few minutes to examine your own insurance policy. Familiarize yourself with the coverages you have to avoid any surprises.

When should you call a lawyer?

On rare occasions, dealing with an insurance claim is simple and straightforward. In cases where injuries and damages are minor, especially when the other party is clearly at fault, you may be confident that you don’t need a lawyer to review your settlement offer.

But bear in mind that insurance companies are in the business of delaying and denying claims whenever possible. This means your case may not be as cut-and-dried as you think. Experienced lawyers know every loophole that your insurer might try to exploit and work to make sure no one takes advantage of you.

A personal injury lawyer becomes even more important in more complicated cases. They help you keep track of all the important aspects of your case. And when you start getting phone calls from the other party’s insurance company or lawyer, it’s easiest to tell them to just talk to your lawyer.

Never hesitate to call a lawyer if your injuries are serious. You could have future medical needs that your policy may not be able to provide for. In such cases, a personal injury lawsuit may be your only option.

Meeting your adjuster

After you file a claim, the insurance company will assign an adjuster to your case. They’ll help you figure out what’s covered by your policy and serve as a guide throughout the claims process. Don’t be afraid to ask them questions if you’re unsure about anything.

Sometimes they’ll want to meet in person, although many cases can be resolved over the phone and email.

Whose fault is it, anyway?

Accidents don’t just happen. At least not in the eyes of an insurance company. Someone has to be responsible.

Determining fault helps the insurance companies figure out who pays for what and whose premiums will take a hit upon renewal. Fault can be applied 100% to one driver, or it can be shared between all drivers involved, sometimes with one driver more at fault than others.

Insurance companies use predetermined fault determination rules to help them process claims quickly and consistently. With over 40 situations using illustrated diagrams, these rules cover almost any accident scenario. The rules are then applied, ignoring factors such as weather, visibility, and pedestrians.

In the rare instance that your accident isn’t covered under the rules, fault is determined by the ordinary rules of negligence law.

What if there are charges involved?

Police agencies and insurance companies determine fault in slightly different ways. And what the police decide may not line up with the findings of the insurance company.

Sometimes the police will say neither driver was at fault for an accident, such as an accident involving icy conditions. But the insurance company will find fault with at least one of the drivers. And as explained above, the icy conditions will not be considered.

Similarly, if the police lay criminal charges against a driver in an accident, that does not make them automatically at fault for the accident. For instance, a drunk driver could get rear-ended. Even though they’d face criminal charges for driving under the influence, the accident would not be their fault.

What if you’re injured?

Every auto insurance policy in Ontario has Accident Benefits coverage. This statutory coverage compensates injured parties, even at-fault ones, in the event of injury or death. Coverages include:

• Income Replacement: To compensate for lost wages.
• Caregiver: To cover expenses necessary when you can no longer act as caregiver to a family member in need.
• Non-earner: To compensate if you can’t carry on a normal life and don’t qualify for Income Replacement or Caregiver benefits.
• Medical: To cover medical expenses related to your injury.
• Rehabilitation: To pay for rehab expenses related to your injury.
• Attendant Care: This covers some of the expense of an aide/attendant.
• Compensation for Other Expenses: Qualifying expenses might include the cost of family visiting during your treatment/recovery, housekeeping/home maintenance, the repair/replacement of items lost/damaged in the accident, and lost educational expenses.
• Death: A payout to surviving family members in the event of death.
• Funeral: To cover some funeral expenses.

When applying for accident benefits, you’ll likely receive an Accident Benefits Application Package. The package contains five forms, and you’ll need to fill out every form relevant to your claim.

Fill the forms out as quickly and thoroughly as you can. And make sure that an employer or a medical practitioner filling out forms on your behalf are also quick and thorough.

If you have any questions about the forms, consult your adjuster or your lawyer. It’s best to get the forms done right the first time, even if that means taking a little longer to submit them. Once your insurer has reviewed your forms, they will notify you in writing about what they’re prepared to cover and what coverage they’re going to deny. Again, it’s advisable to have a lawyer review your accident benefits claim before you agree to anything.

How long will this take?

Filing an insurance claim is a relatively complicated process that involves a lot of paperwork. And every case is unique, depending on the extent of the injuries, each party’s degree of fault, and myriad of other factors.

In simple cases where there are no disputes, a case could be cleared in as little as four to six weeks. But if you’re not happy with the settlement offered by the insurance company and lawyers have to get involved, expect it to take a little longer.

In general, the process will go quicker if an out-of-court settlement can be reached. If the case goes to trial, you’re at the mercy of the courts. Getting your case in front of a judge could take several years.

Other concerns

When it comes to answering all of the questions about personal injury claims resulting from a motor vehicle injury, this article is only the tip of the iceberg. Though we’ve tried our best to present a focused response to the majority of inquiries made by car accident victims, every case is unique and nuanced. Some of the answers you’re looking for may not have made it into this article as a result of time and space constraints.

If you’ve got any pertinent questions, especially if you’re concerned that a claims adjuster isn’t offering the settlement you’re entitled to, don’t hesitate to contact a qualified personal injury lawyer.

Demand representation you can trust

If you’ve been hurt in a car accident and you’re not happy about the settlement offered by your insurance company, take immediate action. Use the link below to contact the experienced personal injury lawyers at Mackesy Smye today for a free consultation. With over 200 years of combined experience fighting for the rights of the injured, we have the expertise and tenacity necessary to make sure you get the compensation you deserve.

The post How to File a Motor Vehicle Accident Personal Injury Claim appeared first on Mackesy Smye.

Riding a motorcycle gives you a feeling of freedom like nothing else. You’re zooming down the open road, slicing through the air like a hot knife through butter. It’s the closest you can come to flying without leaving the ground.

Unfortunately riding a motorcycle can also be a risky pursuit. Motorcycle accidents can cause serious life-threatening injuries, or even death. Lacking many of the safety features common in cars, motorcycles don’t offer their riders a lot of protection in the event of an accident.

The vulnerability inherent in riding a motorcycle is perhaps best understood when you look at the Ministry of Transportation’s Annual Report 2014 which details 2,000 motorcycle accident related injuries and 56 related deaths. Those numbers seem particularly high when you consider that Ontario’s motorcycle season is one of the shortest in North America.

In 2017, the Ontario Provincial Police said that the rate of motorcycle accident-related deaths in Ontario was becoming alarming. That year was the worst in the past 10 years. Common contributing factors in these deaths include alcohol, excessive speed, and the loss of control.

In this article, we’ll detail the common causes of motorcycle accidents and the injuries commonly involved. We’ll also look at fault in motorcycle accidents and give you some advice on what you can do if you’ve been injured in a motorcycle accident.

The Most Common Causes of Motorcycle Accidents

As you might expect, factors like speed, driver inattention, road conditions, and weather often play a major role in accidents on motorcycles. However, there are several other conditions we need to consider. These include:

Head-on collisions

A major cause of death among Ontario riders is head-on collisions. This is especially true on back roads where visibility can be limited, and you sometimes can’t see oncoming traffic.

Left-hand turns

Motorcyclists should never dismiss the potential for danger when approaching a car about to turn left. Often, the driver doesn’t see the rider approaching, or if they do, they misjudge the motorcycle’s speed. Regrettably, a significant proportion of motorcycle accidents in Ontario happen when a car is turning left.

Distracted driving

With the rise of digital technology also comes an uptick in accidents where drivers are more focused on their devices than the road. And when this happens, a distracted driver can often lose track of the smallest vehicle that they share the road with. Such behavior is inexcusable and puts all motorists at risk.

Inexperience & too much bike

Motorcycles hold a special appeal to young riders, and every year a new crop of cyclists head out on the highway. They fail, however, to realize they’re not invincible and tend to take on more than they can manage.

With modern motorcycles getting more and more powerful, younger riders often choose a motorcycle with more power than they actually know how to use. Talk to a seasoned rider with a couple of decades riding experience and this is their best recommendation for newer riders – don’t choose a bike with more power then you know how to use and manage.

Studies show that less experienced riders crash most often in their first year owning a bike.

Cars changing lanes

Some drivers aren’t as observant as they should be when changing lanes. A driver who does a poor job of checking his mirrors or blind spots can easily overlook a nearby motorcycle and cause an accident.

Read-end collisions

What might only be a simple fender bender involving two cars can have catastrophic consequences when the vehicle in front is a motorcycle.

Lane splitting

Some riders think they’re making the best of crowded highway conditions, or are making themselves more visible by making a new lane for themselves between two existing lanes. This is especially common when the general flow of traffic is slow moving or stopped. But cars can still change lanes at any point, and drivers usually don’t look for motorcycles that could be approaching quickly between lanes.

Common motorcycle accident-related injuries

Due to the ease with which you can be thrown clear of an accident, being in an accident is often worse for a motorcyclist than it would be for a car driver. Riders are particularly at risk for the following motorcycle accident related injuries:

Head trauma

Yes, helmets are mandatory for all riders in Ontario. But even wearing a top-rated helmet, you run a significant risk of head trauma in an accident. Chances are your head will hit the ground or another vehicle. Although helmets can help reduce the force of an impact, there’s only so much they can do. Traumatic brain injuries (TBI) are common with motorcycle injuries. Complications of TBI can include internal bleeding and concussions. They may also lead to catastrophic, life-long problems that could require attendant care and rehabilitation. These include:

• mental impairment
• loss of motor function
• memory/speech issues
• vision problems
• confusion

Spinal cord/thoracic spine injuries

In a study of 266 motorcycle accident victims over a period of 42 months, 13 of the patients suffered from thoracic spine injuries. That works out to roughly 5% — or one in 20. 11 of them had been catapulted from their bikes at the time of the accident. These injuries are often the result of fractured or compressed vertebrae, and since the spinal cord is an integral part of the nervous system, the complications arising from such an injury can be catastrophic. Paralysis, sometimes full body, is just one possible outcome. A spinal cord injury could leave you dependent on medical treatments and attendant care for the rest of your life.

Fractures/broken bones

Breaking a leg is only a good thing on stage. But leg fractures, simple and compound, are quite common in motorcycle accidents. Also common are broken hips, ankles, and feet. While broken bones are fairly simple to set, there are some post-treatment complications to watch out for. Old breaks can often lead to a lifetime of joint stiffness and possibly arthritis.

Disfigurement

Motorcycle accidents often happen at high speeds. That’s why it’s crucial you never skimp on protective gear. Jackets, boots, and gloves. Whatever it takes to protect you from the scarring and disfigurement associated with an impact with the road. Also, consider upgrading your helmet; many riders have been permanently disfigured merely because they got into an accident wearing an open face helmet.

Filing a lawsuit – insurance and/or personal

If you or a loved one has been involved in a motorcycle accident, you have several courses of action you can pursue to get the compensation you need.

First is your own insurance company. Statutory Accident Benefits cover all policy-holders regardless of fault and provide coverage for income replacement, attendant care costs, medical/rehabilitation expenses, housekeeping/caregiver costs, and death benefits. It is possible that your claim could be denied though. That’s why it’s important to have an experienced personal injury lawyer to help guide you through the often-cryptic process of filing a claim.

Second is filing a tort claim against the at-fault party (usually the other driver). This can be done at the same time you make a claim to your insurer. Tort claims usually include expenses beyond your accident benefits coverage as well as intangible elements like pain and suffering.

In Ontario, you have two years from the date of an accident to file suit. However, there are shorter time limits to consider especially if you believe a government agency might be partially responsible. Such would be the case if road maintenance was a contributing factor. That’s why it’s vital to consult with an experienced personal injury lawyer as soon as possible to make sure you are complying with the statute of limitations and that all of your paperwork is filed on time.

Getting motorcycle riders the compensation they deserve

There’s nothing like the feeling of riding a motorbike, but that freedom can be severely compromised if you’re involved in an accident. A 2017 Canadian Medical Society study concluded that bikers are three times as likely to be injured in an accident than a car or truck driver. And the medical costs associated with a motorcycle accident are six times higher on average.

But that’s not to say you don’t deserve proper compensation for your injuries regardless of what the insurance company or the at-fault driver’s lawyers say. If you’ve been injured in an accident, consult with a knowledgeable motorcycle accident lawyer as soon as you can to make sure you get the compensation you deserve.

Legal representation from a name you can trust

If you or someone you know has been injured in a motorcycle accident, get in touch with Mackesy Smye today. Our personal injury legal team specializes in motorcycle accident-related injuries. We’ve helped a multitude of clients in the Hamilton area get the compensation they deserve. Use the online contact form below to arrange a free consultation regarding your case.

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When we talk about distracted driving, most people immediately think about smartphones. Sure enough, using your phone behind the wheel to call and text people or program a GPS app are all big problems. But really, that’s just the tip of the proverbial iceberg.

To help combat the rising number of cases of distracted driving, Ontario raised fines and punishments as of January 1, 2019. But if you think you can avoid these charges by simply going “hands-free” with your mobile phone, you might be in for a surprise. Save yourself some trouble: review this article to find out what makes up distracted driving in Ontario these days.

What is distracted driving?

According to the Royal Canadian Mounted Police (RCMP), distracted driving is a form of impaired driving. This is because “a driver’s judgment is compromised when they are not fully focused on the road.” Distracted driving can reduce a driver’s reaction time or impair their judgement. Sometimes, distractions can even increase the likelihood a driver will fall asleep at the wheel. And in all cases, they increase the risk that someone will be injured or killed.

Besides talking on the phone, the RCMP’s list of driving distractions also includes:

• texting
• reading — including maps, newspapers, etc…
• using a GPS device
• watching videos/movies
• eating & drinking
• smoking
• grooming
• playing with the audio system (radio/CD/media player)
• listening to extremely loud music
• talking to passengers
• driving while fatigued

The CBC recently did a piece on distracted driving in Ontario, showing some of the initiatives they are currently running to help combat the issue, including teaching programs in schools, and how they are patrolling the 400 series of highways here in Ontario.  Interesting insights into all the efforts being funded largely by the insurance companies – which is telling as to the cost they face with all the claims being filed and personal injuries resulting from these types of accidents.

The new distracted driving laws in Ontario

As smartphones became an integral part of our culture, the initial police response in Ontario was a campaign of issuing warnings. When that system proved ineffective, new laws were brought in hoping that tougher penalties would help drivers focus on the road.

The initial penalties were:

• $490 in fines for settling out of court ($400 victim surcharge + $90 court fees)
• up to $1,000 in fines if it went to trial
• three demerit points
• the possibility of further charges such as careless or dangerous driving with their inherent fines and penalties as well

When these deterrents proved ineffective, many called for stiffer penalties. The government responded with a new system that went into effect at the beginning of 2019. Now, distracted drivers face more severe consequences for repeat offences.

First time distracted drivers now face a $1,000 fine and three demerit points. For a second offence, the fine doubles to $2,000. There’s also a seven-day licence suspension and six demerit points to deal with. The stakes are even higher for a third offence: a $3,000 fine and a 30-day suspension.

What’s okay?

While the list of forbidden distractions above may seem a little Draconian, it’s good to know there are certain exceptions to these rules. For instance, it’s okay to use your phone so long as you can do it all hands-free. Ideally, you want a setup with an earpiece, headset, or Bluetooth connectivity. Full voice-command capability would come in handy, too. The less you reach for your handheld device, the better. Technically, you should only ever touch your phone to activate/deactivate hands-free mode, and then only if it’s mounted.

It’s also still okay to use your GPS unit if the device is properly mounted to the windshield or dashboard. But make sure you program the device before you drive. If you need to reprogram your route, pull over first.

You can use a portable media player as well. But, again, set it before you drive and leave it alone while in transit.

The vehicle’s dashboard display screen is a bit of a grey area. It’s okay to use it if you need to access a vehicle safety feature, such as activating all-wheel drive. But fiddling with the radio still qualifies as distracted driving.

How to reduce driving distractions

Driving with distractions can have disastrous consequences. Aside from the legal penalties, it can also lead to higher insurance premiums. Not to mention that distracted driving causes accidents resulting in injury and death.

To better protect yourself from causing such an accident, follow these guidelines:

Plan your route

Above all, we advised you to program your GPS before leaving. But even before that, take some time to figure out where you’re going and how you’ll get there. Figure out how long you’ll need to get there so you can give yourself enough time and you won’t feel rushed. And pad that time a little to compensate for potential obstacles like a sudden road closure. And set your GPS to tell you when turns are coming up if possible. Anything to reduce your need to look at it the better. And make sure the GPS’s volume can be easily heard over whatever music might be playing.

Stash your phone

For some, the temptation to fidget with their phone is too much. If you cannot leave your phone alone, save yourself some trouble and put it away. Lock it up in the glovebox. Or, better yet, the trunk. And if it’s somewhere you can still hear it, turn the ringer off. Set your smartphone to send out an autoreply to incoming text messages and phone calls instead. Arrive alive and check your messages when you get there.

Conversing with passengers

We’ve known for a while that passengers can distract drivers. That’s why drivers with graduated licences have limits on the number of passengers they can carry. No one expects you to never talk to your passengers. The important thing to remember is to keep your priorities straight. Make sure your passengers know sometimes you must focus on the road. And it’s okay if there’s a brief lull in the conversation when that happens. Silence helps give the mental clarity necessary for split-second reactions.

Talking to passengers isn’t the same as talking on the phone. Unlike the person on the other end of the line, the passenger is usually aware of your surroundings. Chances are they’ll know when to “zip it” better than someone on the phone would.

Food and drink

Don’t eat and drink while driving. There’s no way to focus on the road if you do. If you must drink, hold on until you’re waiting at a stoplight.

Music

As much as we all appreciate the musical arts, there are certain things you need to hear while driving. Screeching breaks and wailing sirens have to take priority. Keep the volume of your music reasonable.

Personal grooming

If you can’t make time for hair and makeup before you must leave, go au naturel. Seriously, you could put lives at risk. It’s not worth it.

Loose objects

Put anything like purses, bags, backpacks, and coats behind the seat or in the trunk. When breaking in emergency situations, it’s instinct to reach out for things in motion. And if that’s something trivial, it’s an unnecessary distraction.

Distracted driving and personal injury law

Sadly, eliminating distractions while you drive can only go so far. You do your best to be a safe driver, but the truth is you’re only as safe as the most distracted driver sharing the road with you. And it only takes an inattentive moment for catastrophe to strike.

If you are hurt by a distracted driver, the good news is they likely won’t be able to countersue, and if the suit ever made it to trial, it could be thrown out of court.

Distraction is becoming a determining factor when accessing fault in an accident these days. And fault is a limiting factor when determining damages a party can sue for. For instance, someone who sues for $500,000 in damages but is 50% at fault can only ever hope to be awarded $250,000.

Play it safe. Let others assume the risk of distracted driving. That way, if you are hurt in an accident, at least it won’t be your fault.

The ever-changing landscape of distracted driving

These days, distracted driving encompasses so much more than smart phones. Eating, smoking, passenger behavior, and fiddling with the radio can all have an impact in determining fault in an accident. And an even bigger impact in determining how much you can sue for if you are injured.

Play it safe and do what you can to make your car a distraction-free environment. Know where you’re going, keep the music low, and let that call go to voicemail. When you reach your destination without getting into an accident, you’ll be glad you did.

Have you been hurt by a distracted driver?

If you’ve been injured because of another driver’s inattention behind the wheel, contact Mackesy Smye today.

Use the link below and take advantage of our free, no-obligation consultation process where our dedicated, experienced team of personal injury lawyers will access your case.

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If you’ve been hurt in an automobile accident, your injuries can be severe, even life-altering. This sudden onset of pain and suffering becomes the main focus of your life, and all you can think about is making it stop.

Focus and determination can be just what you need to make the most of your therapy and rehabilitation. But it can also distract you from the bigger picture at times. For instance, it could keep you from realizing that your injuries might be permanent. And as a result, the cost involved could be overwhelming.

So, while your primary concern should be your medical treatment, you also need to think about whether you can afford what could turn into a lifetime of out-of-pocket medical bills. You need to consider if you should pursue legal action against an at-fault party, which could be another driver or perhaps the government agency responsible for the upkeep of the road you were on.

However you decide to proceed, the important thing to remember is that justice has a schedule. If you intend to sue an at-fault party, or even to claim certain benefits from your insurer, certain steps need to be taken by very specific dates.

The statute of limitations

When judges and lawyers speak of a statute of limitations, they’re referring to a law that sets a “maximum time after an event within which legal proceedings may be initiated.” These statutes can vary in length, often due to the severity of the crime involved. In Canada, major crimes usually have no statute of limitations, meaning that murderers can be brought to justice no matter how long it takes the police to crack the case.

But car accidents and traffic safety usually fall under provincial jurisdiction. In Ontario, the time limits determining how quickly you need to begin legal proceedings are all spelled out in the Limitations Act, 2002.

Statutes listed in the Act apply to all provincial matters — from personal injury to breach of contract to libel. But today, we’re just going to look at how they apply to auto accidents.

Limitations as they pertain to personal injury from a car accident

When you have been injured in an auto accident, there are several cut-off dates you need to keep in mind. They are all important, as you only get one shot. Unlike teachers, judges aren’t likely to grant extensions in such matters, unless there are extenuating circumstances — see below.

Important deadlines in filing claims for personal injury in an automobile accident include:

Seven days

Within a week of the accident, you need to inform your auto insurance company about it. Since we’re talking about accidents that result in severe injuries, chances are a proper police report has been filed already that notified your insurer. But just in case, give them a call to make sure everyone is on the same page.

This is because initial payments for your health care expenses will come from the portion of your insurance policy called accident benefits. This is the no-fault coverage you go to first before you can sue a third party for liability.

Even if you don’t think you’ll need to claim for accident benefits, let alone third-party liability, it’s always best to be on the safe side. You could have a soft tissue injury, like whiplash, that can have a devastating impact even though it might take a while before you realize how serious it is.

30 days

Within a month, you’ll have to submit your claim for accident benefits to your insurer. If you’ve sought out adequate medical care, you should have a good idea of how much this will cost by this point.

120 days

This cut-off is the time by which you need to notify the other driver of your intent to sue. And if your accident benefits coverage won’t be enough to pay for your ongoing medical treatment, this is the next logical step.

Notification of intent to sue is not the same thing as filing a lawsuit, a distinction we’ll clarify below.

Two years

This is the big one. You have two years from the date of the accident to file your lawsuit for personal injury.

Why such a big gap?

Above, you can see there’s a fair bit of time between notifying the defendant of your intent to sue — 120 days — and the cut-off for actually filing suit — two years.

This gap, which could be as long as 20 months, benefits all parties involved, be they claimant (you) or defendant. It allows everyone ample opportunity to gather and verify facts. It gives everyone a chance to properly assess the situation and review the options available to them. And it affords both parties the time necessary to consult with lawyers and file all necessary documents.

The gap gets capped, though, to make sure the lawsuit is filed within a reasonable time period. Every delay in legal proceedings works against the ultimate goal of discovering the truth of the matter. Given enough time, memories fade, evidence gets mislaid, and witnesses move on or even die.

Extenuating circumstances

In order for the courts to consider granting an extension to the two-year statute of limitations, you have to prove that extraordinary conditions — known legally as extenuating circumstances — set this case apart.

For example, a judge may grant an extension if your injury took a while to manifest, as is sometimes the case. This could also apply in cases where the severity of the injury isn’t immediately apparent, and it takes some time before you realize how catastrophic it really is.

Exceptions are likely also to be granted if the injured party is a minor, in which case the two-year clock only starts ticking on their 18^th birthday. Extensions are also common when the claimant lacks the mental capacity to initiate their claim on time.

When government agencies are involved

If you feel that a government agency might be responsible, even partially, for the injuries you sustained in the accident, you should contact a lawyer immediately. The timing involved in bringing a suit against the government is tighter than most would suspect.

For instance, while you have 120 days to notify a private citizen of your intent to sue, that drops to only 10 days if you intend to file suit against the provincial government. If you feel that improper maintenance of a 400-series highway led to your injuries, you’ll need to get the ball rolling quickly.

The deadline is even tighter if you think a town or city is responsible for your injury. The statute of limitations spelled out in the Municipal Act, 2001 give you only 10 days to file your lawsuit. This is not a simple notification of intent. Filing the necessary paperwork in such a short period of time means you can’t afford even the slightest delay in this situation.

Don’t let a statute of limitations keep you from re-taking control of your life

Catastrophic injuries sustained in auto collisions can change your life forever. And if you’re not at fault for the accident, you deserve to be compensated.

It’s important that you consult with a lawyer as soon as possible to make sure you don’t miss out on your chance to sue for damages simply by missing a deadline. Experienced personal injury lawyers know all the cut-off dates and will help guide your case through the legal system in a timely manner.

Contact Mackesy Smye for justice delivered right on schedule

If you or a loved one has been injured in a motor vehicle collision, use the link below to contact the personal injury lawyers at Mackesy Smye today. Our experienced team will make sure all your paperwork is filed on time, so your case gets the consideration it deserves.

The post Auto Accident Personal Injury Statute of Limitations appeared first on Mackesy Smye.

According to recent estimates, 6 million people in Canada, that’s 19% of the Canadian population, that are reporting some form of chronic pain. And many of those who suffer from chronic pain were originally hurt in a car accident.

Usually, pain is a good thing. By a young age, we associate pain with danger and do what we can to avoid it. We learn to rest injured body parts. And we also find out that pain is an early warning sign of sickness and infection.

But chronic pain plays by a different set of rules, at once complex and mesmerizing. Recent advances in neuroimaging show us that, unlike ordinary pain, chronic pain can actually alter the structure of your brain. And these changes could lead to learning and emotional problems.

In general, there are two types of chronic pain—cases with and without an identifiable cause. The first kind is often the result of injury or disease. But the second type is harder to pin down.

Chronic pain demystified

In some cases, known as chronic benign pain, the nervous system sends out false pain messages from old injuries. This can happen even though the tissue healed long ago. Chronic pain often involves soft-tissue injuries, which don’t heal the relatively simple way skin and bone injuries do.

These soft tissues include:

• spinal discs
• muscles
• ligaments
• nerves
• tendons

Common soft-tissue injuries include sprains, strains, and whiplash—a common car accident-related injury. But pain is often a combination of several factors. Biology, psychology, and physiology all have a part to play. Because of this, no  two people can ever experience the same injury in the same way.

Chronic pain is common after a car accident  

Chronic pain could refer to one of two conditions. One is chronic pain syndrome. The second is fibromyalgia. Both can arise after a personal injury. These injuries could be sustained in a car accident or otherwise. The pain is real—significant and debilitating—even without an identifiable cause. Even after running every test available, they can’t see the damage. Many soft-tissue injuries aren’t visible to MRIs or CT scans.

Chronic pain syndrome refers to pain in a specific location. Your back, neck, or shoulders, for example. Fibromyalgia refers to pain in many places spread throughout the body. In both cases, the pain is felt for at least six months, though many suffer for years.

Chronic pain and fibromyalgia can both result from injuries like those sustained in a car accident. But they can have other causes as well. Medical conditions like arthritis, for example. These diagnoses can apply to many conditions so long as the pain involved is persistent.

Accident victims are often accused of faking their pain

Chronic pain syndrome and fibromyalgia are often seen as psychological conditions. This is because it’s so difficult to prove the pain is real. Our present technology is limited in that regard, and often can’t pinpoint the source of the injury.

This can lead to insurance doctors saying your pain isn’t real. If it can’t be proven through accepted testing methods, the claims must be false. Because most soft-tissue injuries clear up after a few weeks, they’ll claim that the perceived pain can’t be related to the accident. Worse, they may accuse you of faking it. Or at least exaggerating things.

The Supreme Court of Canada on chronic pain

Regardless of what insurance doctors say, chronic pain is very real. And it can have profound impacts on the lives of both victims and their families.

And yet, the insurance companies persist. In Saadati v. Moorhead (2017), the Insurance Bureau of Canada argued there should be no compensation for conditions “feigned or exaggerated.” But the Supreme Court of Canada (SCC) thought otherwise. They rejected the bureau’s claims and ruled that psychological and physical pain were equally worthy of compensation.

The SCC decided that it didn’t matter if chronic pain was “real” or imagined. The associated suffering is very real to the victim and that’s what matters the most.

But even post-Saadati, car accident victims with chronic pain face attacks from insurers and doctors alike. Attacks that call into doubt both their credibility and sincerity. As a result, the legal process is drawn out and more stressful than it should be.

In an earlier unanimous SCC decision, Martin v. Worker’s Compensation Board of Nova Scotia (2003), the cCourt had “no doubt that chronic pain patients are suffering and in distress.” The bench further found that chronic pain sufferers are:

“subjected to persistent suspicions of malingering on the part of employers, compensation officials and even physicians.”

What chronic pain sufferers need if making a claim

When suing for pain and suffering related to chronic pain, you need two things. The first is a medical team that believes in you. The second is a supportive group of family, friends, and colleagues that knew you before and after the accident.

Your honesty, credibility, and integrity are going to be central issues going forward. Assembling a reputable medical team with a thorough understanding of pain disorders is a must. Rheumatologists and physiotherapists can give you much needed care and treatment. They also make for great expert witnesses if the case goes to trial.

The second group consists of people who can speak directly to your character. Who can tell others how the accident has changed your life. Describe the negative impact the pain has had on you. Testimony from individuals who care about your well-being can make all the difference when it comes to convincing a judge and jury.

The hope for a more understanding tomorrow

As the medical community learns more about chronic pain, we may eventually come to a day when we understand this condition a lot better. Already, institutions like the Workplace Safety and Insurance Board (WSIB) recognize chronic pain as a legitimate pain-related disorder. There are court rulings establishing a direct relationship between car accidents and chronic pain. Perhaps we’re drawing nearer to a day when people will stop quibbling about the details and focus on how we can help the victims.

In the meantime, insurance companies put up as many roadblocks as they can, using any excuse possible to deny a claim. Chronic pain is inherently invisible. And this makes it a perfect target for insurers eager to refuse to pay out to deserving claimants. And that is why we have to fight so hard—day in, day out—to protect your rights.

What to do if your chronic pain claim has been denied

Whether chronic pain is real or imagined, the resulting suffering is undeniable. It affects a broad cross-section of the population, many of whom were hurt in a car accident.

Though insurance companies are quick to deny chronic pain claims, there is legal precedent aplenty to back you up. Even if they say you’re faking or exaggerating your pain, the highest court in the land has already weighed in on the matter. And they say your suffering is real.

You’re going to need a team in your corner if you decide to file suit. The first part of this team is a group of specialists who believe your pain is legitimate. Second is a group of people who can speak to how the accident has affected your quality of life. And third is a dedicated legal team sympathetic to what you’re going through that will do all they can to help you out.

Get the compensation you deserve

If you or a loved one is suffering from a chronic pain disorder as the result of a car accident, contact Mackesy Smye today to see what our dedicated team of personal injury specialists can do for you today.

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