Archive for February, 2009
Farm accident in Ottawa-Pontiac area
Posted by Ottawa Personal Injury Lawyer, Ottawa Accident Lawyer, David Hollingsworth in Ottawa Injury and Accidents on February 25th, 2009
OTTAWA — A 19-year-old man is dead following an accident involving machinery on a farm in the Pontiac area.
Quebec police said Wednesday that emergency services — fire, ambulance and police — went to a farm near Clarendon Tuesday after receiving a 4 p.m. report that a man had been injured while working with a farm machine.
The injured man was taken to hospital in Shawville and later to Gatineau Hospital, where he was pronounced dead.
The young man’s name has not been released. Police continue to investigate.
More to come… visit www.ottawacitizen
My Personal Glitch: Experiences During Recovery From Brain Injury, by Tommy Beel
Posted by Ottawa Personal Injury Lawyer, Ottawa Accident Lawyer, David Hollingsworth in Brain Injury / Head Injury on February 24th, 2009
I thought I would pass this along for anyone interested in reading about brain injuries and especially those who have loved ones with a brain injury.
My Personal Glitch: Experiences During Recovery From Brain Injury
Posted by admin The book may be obtained through your local bookstore or on line directly from the publisher.
The book is totally non-fiction. It deals with my own experiences with brain injury.
Title: MY PERSONAL GLITCH: Experiences During Recovery From a Brain Injury
Author: Tommy Beel
Publisher: lulu.com
ISBN: 978- 0- 557- 01153- 7
On-line orders: lulu.com, amazon.com or barnesandnoble.com
Local orders: through local bookstore
Price: US$18.50 (+ shipping)
Slip and Fall injuries..Watch where you step
Posted by Ottawa Personal Injury Lawyer, Ottawa Accident Lawyer, David Hollingsworth in Ottawa Injury and Accidents, Personal Injury Claims on February 23rd, 2009
I recently read this on a blog. There are a number of things we all can do avoid the risk of an injury. The bottom line is…watch where you step ! Safe trails– David
When is a Slip and Fall Injury Considered a City Problem
Slip and fall injuries occur all of the time. However, sometimes they are not the fault of the injured party. When you slip and fall due to someone else’s negligence, either at cleaning up a slippery situation or repairing the walkway, you could be able to sue for damages. If your fall occurred on municipal property, such as a city-owned sidewalk or subway station, you could actually hold the city liable for your injuries and the resulting damages. Understanding when a slip and fall injury is considered a legal city problem will help you decide whether or not you should pursue legal action after your accident.
General Slip and Fall Laws
When it comes to holding a city liable for a slip and fall injury, understanding general slip and fall legislation will help.
First, you have to prove one of the following is true in order to hold a property owner liable for your fall:
- The owner caused the problem that caused you to fall.
- The owner knew of the problem but did not fix it.
- The owner should have known about the problem if he or she was doing what was reasonable to care for the property.
If you cannot prove that the city falls into one of these categories, you cannot hold it liable. However, there are typically more stringent laws that apply to the city, because municipalities need protection against frivolous claims.
Types of Municipal Property
The location of your fall is the first thing that determines whether or not the city is at fault. The accident must occur on municipal, or city-owned, property. Sidewalks are a prime example of this, but the injury can only be the city’s fault if the sidewalks are severely in need of repair. Potholes on city property are another common cause of liable slip and fall injuries. In large metropolitan locations, subways and bus stations are other locations where slip and fall injuries can occur that end up being the city’s fault. Each city has its own laws that apply to these cases, however, and there are times when you could fall and the city could not be held liable.
In New York City, for instance, the city’s laws do not allow the city to be held accountable for slip and fall injuries unless the government has been notified in writing of the problem, such as a big crack in the sidewalk. Because of this stipulation, numerous advocacy groups regularly report problems to the city, so that the city can be held liable if they do not fix the problem. However, only a lawyer with access to this information would be able to tell an injured party whether or not the city has been notified of a potential problem.
Your Actions Also Play a Part
Your actions at the time of the fall also play a part in whether or not the city can be held liable. If you are walking at a normal, safe pace and trip over a pothole and fall, this is the city’s fault. However, if you were being careless, your own carelessness would be part of the problem, and this will limit the amount of liability the city has. Types of careless actions include:
- Walking somewhere you should not be walking.
- Not using caution when confronted with a noticeable problem in the walkway.
- Ignoring warning signs posted at the spot.
- Doing something distracting while walking.
- Running, jumping, or any other forms of movement other than a normal walk that could increase the likelihood of a fall.
If you think after looking at your own actions that the city is responsible for your fall, contact a personal injury attorney with experience in this area to help you file a lawsuit for damages.
This article wasa written by Amy Nutt, A personal injury lawyer in Toronto.
Ottawa seminar on personal injury regulation.
REACH CANADA is proud to present its financial series of seminars
Personal Injury Law. Know about the personal injury regulation.
Our guest speaker, David Hollingsworth, LL.B. Ottawa Personal Injury Lawyer (Goldberg Wiseman Stroud Hollingsworth LLP) and other speakers (to be confirmed) will explain your rights and obligations in this matter. Tuesday, April 21 2009 12:00 to 2:00 PM (light lunch will be served)
In these times of economic uncertainly, managing your money is more important than ever. Come and learn about making the most of what you have and saving for your future or a loved one’s future financial security.
This seminar series will be of interest to people with disabilities and their family members, community social and health service providers, lawyers who wish to be updated on these areas of law pertaining to persons with disabilities: Students, Trustees, beneficiaries, guardians, caregivers, government officials, agencies and businesses.
LOCATION: at REACH Canada, 400 Coventry Road, 3rd Floor (Enbridge Building) Ottawa
for more information and to enrol, visit REACH www.reach.ca
Rise in personal injury cases in 2008.
Posted by Ottawa Personal Injury Lawyer, Ottawa Accident Lawyer, David Hollingsworth in Ottawa Injury and Accidents, Personal Injury Claims, safety on February 18th, 2009
2008 Litigation Trends in Canada
From the law firm of Faskin Martineau (via Wise Law): Canada is more litigious than most believe, according to a study commissioned by leading Canadian law firm Fasken Martineau. Over 40% of respondent companies indicated they were involved in some form of litigation over the prior year.
Labour and employment issues rank the highest in the type of dispute that most concerns Canadian companies according to the Fasken Martineau study. Contracts, personal injury and product liability rank second, third, and fourth, respectively.
Car Accident statistics for Ottawa
Posted by Ottawa Personal Injury Lawyer, Ottawa Accident Lawyer, David Hollingsworth in Ottawa Car Accidents, Ottawa Injury and Accidents on February 9th, 2009
Let’s hope that there is a decrease in 2009 ! Drive safely ! – David
Ottawa Road Safety Results for 2007
| 473,384 | Registered vehicles ( 2% increase from 2006) |
|---|---|
| 620, 654 | Licensed drivers (1% increase from 2006) |
| 15,309 | Total collisions on all federal, provincial, and municipal roadways with the city limits (7% increase from 2006) |
| 40 | Deaths from collisions in Ottawa (60% increase from 2006)
|
| 4,209 | People injured in collisions
|
| 3,611 | Calls for paramedic response to vehicle collisions(1,719 patients treated and transported to hospital) |
| 5,951 | Number of red light camera violations |
| 89,000 | Aggressive driving charges (approximation from Ottawa Police, OPP and RCMP) |
Red Zone – Top 10 Collision Locations
| West Hunt Club Road and Woodroffe Avenue | 43 |
|---|---|
| Prince of Wales Drive and West Hunt Club Road | 40 |
| Hunt Club Road and Riverside Drive | 39 |
| Meadowlands Drive and Merivale Road | 39 |
| Heron Road and Riverside Drive | 36 |
| Baseline Road and Woodroffe Avenue | 34 |
| Bank Street and Hunt Club Road | 31 |
| King Edward Avenue and St. Patrick Street | 29 |
| Belfast Road and St. Laurent Boulevard | 28 |
| Blair Road and Ogilvie Road | 28 |
Accident Ottawa area…
Posted by Ottawa Personal Injury Lawyer, Ottawa Accident Lawyer, David Hollingsworth in Ottawa Injury and Accidents on February 6th, 2009
I was sad to read of another fatal accident occuring outside of Ottawa on Hwy 17 yesterday that claimed the life of a young woman.
I then came across this article and couldn’t help but share it with you.
It’s snowing out this morning, please drive safely and take the extra few minutes to get there safely.
Last night’s fatal crash in Arnprior is the third incident on this stretch of Highway 17 this year and the second fatality.
See Highway 17 closed after serious crash
See Head-on collision kills 20-year-old Nicholas Carter-Leedham on Hwy. 17 near Pembroke
See Woman killed in Highway 17 crash near Hawkesbury identified
Highway 17, which starts where Ottawa’s Highway 417 ends – a four lane highway that merges into two lanes traveling in opposite directions, stretches from Arnprior to Kenora and right into Manitoba. It is Ontario’s longest provincial highway spanning 1,960 kilometres, and one of Ontario’s most deadly.
In bad weather, Canadians who live along its route near the Arnprior (Ottawa) area are quick to point out that Highway 17 can be a terrible road to travel and with no concrete barrier separating traffic along some stretches, head-on collisions are all too common on this highway as drivers, for whatever reason, drift out of their lanes and cross into the path of oncoming vehicles.
Highway 17 is part of the Trans Canada Highway – Canada’s largest and massive transport network connecting highways from Newfoundland to British Columbia. It winds through large cities and small towns and is an artery of activity that seems to come with a price as thousands of Canadians have died on this network since its inception in 1933. It has its own website inviting Canadians to use the network to plan vacations and trips.
As beautiful as the network is, it falls short in its safety. The Canadian government and municipalities where stretches of the highway snake through have been petitioned by numerous families to spend the money to upgrade the highway’s infrastructure and make it safer, starting by twinning. This is done by digging a deep center median between a two lane highway, widening it to four and separating it with trees and grass. In some areas where this can’t be done, families of loved ones killed on two lane portions where traffic is separated by a white or yellow dividing line, have asked for concrete barriers or steel guardrails to be installed to separate traffic.
These are not unfair requests. We pay enough in taxes that more money needs to be earmarked for road safety.
The government made good on its promises in the late 1980s and early 2000s and twinned stretches of the highway around Sault St. Marie, Echo Bay and Desbarats. In July 2008, the federal and provincial governments announced a $6.2 billion infrastructure program to twin the the highway near Kenora and Thunder Bay a priority. But what about those living in Renfrew and Sudbury County?
In a perfect world, every driver would stay in his or her lane, but this is not a perfect world. We are more distracted as drivers consumed by our materialistic conveniences of iPods, cellphones, cup holders, in-dash DVD players, GPS units and eating on the go. We drive faster. We’re more stressed. Many of these driver conveniences provide deadly distractions as we take our eyes off the road briefly to open a food wrapper, change a song, dial a number or put a straw in a cup. So much can go wrong in a split second that if a driver drifts to the center of the road and collides with a barrier instead of a motor vehicle, granted there’s still potential for a crash, but will it be as deadly as a head-on collision?
Even if it’s a steel guardrail on posts, a center dividing barrier is still an important safety measure, specifically if a strong gust of wind pulls a car out of a person’s control. It’s 100 km/hr along most of these stretches with people driving faster than the speed limit. That’s a lot of force and velocity in a head on crash. The result is almost always fatal.
If there’s one way to drive the point home, as I know that there’s a group of grieving families in BC fighting for a twinning solution on a Cassidy highway, put it into perspective for your local politicians and transport officials this way: The national average in Canada is 8 people die each day in car crashes and hundreds more are injured. Of those fatalities, three are often head on type crashes.
If we had an aviation system in Canada where we had eight planes crashing a day and three of those were due to mid-air collisions with oncoming planes, don’t you think the public outcry would be massive? Don’t you think the levels of government in this country would shut it all down and make immediate changes?
I do.
written by Cindy Smith
Injuries and Car Accidents
Posted by Ottawa Personal Injury Lawyer, Ottawa Accident Lawyer, David Hollingsworth in Ottawa Car Accidents, Personal Injury Claims on February 5th, 2009
Canada Road Traffic Crash Car Accidents.
There are about 160,000 road accidents in Canada every year. According to the Transportation Safety Board approximately 2800 to 2900 people are killed on Canadian roads each year. These statistics show that while driving in Canada is relatively safe compared to other countries (including the US), there are still risks.
How to avoid a car accident…
Posted by Ottawa Personal Injury Lawyer, Ottawa Accident Lawyer, David Hollingsworth in Ottawa Car Accidents, safety on February 2nd, 2009
How to avoid a head-on collision
One of the scariest situations any and all drivers can face is to see a car approaching from the opposite direction in your lane. This is very common on two lane rural roads where passing on blind hills, around curves or against a solid (and a double one at that) happens more frequently than most drivers would like.
Head-on collisions can also happen in winter weather when an oncoming car loses control and crosses into your path.
As easy as it to focus on the events unfolding in front of you, you *can* teach yourself to react to the situation so that you don’t brake, you don’t panic and you get your vehicle out of the other vehicle’s path – saving not only your life, but the life of the person in the oncoming car.
If someone is trying to pass you at any cost, especially when you are traveling the posted limit, do not tap your brakes. Do not “force” them to go around you in the opposite lane. Signal that you are pulling onto the shoulder, slow down and let them go around. Most head-on collisions occur because of driver error, driving too fast for the road conditions, not predicting a change in road condition and passing when it is not safe to do so.
What should you do if you are in the opposite direction and a car is coming towards you?
Driving involves a lot of concentration so as much as we all enjoy the conveniences of cellphones, driver vanity mirrors, iPods, Blackberries, cupholders and CD changers, I don’t need to remind you where your eyes should be at all times and where your hands should be at all times. You have to look ahead when you drive at all times. I mean, way ahead – beyond the car in front of you. In fact, you should never use the driver in front of you as your “guide” to stopping.
Head-on collisions can be avoided. If you’re driving a car made in the last 10 years, chances are you have an air bag and you’re a creature of driving habit when it comes to seatbelt use. These two things will save you from death (the statistics are high), no, not from the head-on collision but from the impact of driving your car off the road — into a ditch or into a field, even onto a sidewalk. Your goal, should you be faced with a car approaching you in the opposite direction, should be to get your car off the road – now. And aim right. Always drive right. It’s what big rig drivers are also taught.
Whatever you do, DON’T BRAKE. If the road you are on has a soft shoulder, steer your car so that two wheels are on pavement and two wheels are on the shoulder and take your foot off the gas. This will allow you to get around the approaching car and avoid a head-on collision. By not braking, you remain in control of your vehicle. You may make contact with the car you’re trying to avoid and lose a sideview mirror … but there’s a reason why you pay for insurance. Cars can be fixed.
You can’t.
This article was written by Cindy Smith, Editor forEducation For The Driving Masses: A Gigababy’s Web Creed Production. I read this article and thought I’d share it as I found it very helpful.
Please drive safely !