Archive for July, 2009

Ottawa accident lawyer shares statistics on accidents..

Car Accident statistics More than 1 million vehicles in Canada are involved in accidents each year.

Here are a few accident statistics from the Ontario Ministry of Transportation’s Road Safety Annual Report 2004This represents the latest data available.

  • Ontario had a population of 12,407,300, of which 8,655,597 were licensed drivers.
  • 421,870 drivers were involved in a collision (316,856 property damage only, 93,207 personal injury, 1,208 fatal collisions)
  • 136,402 people (not just drivers) were involved in personal injury collisions.
  • 799 died (433 drivers, 191 passengers, 104 pedestrians, 19 bicyclists, 47 motorcycle drivers/passengers).
  • 3,565 received major injury (admitted to hospital).
  • 29,918 received minor injury (went to hospital, treated in emergency room, but not admitted).
  • 39,525 received minimal injury (did not go to hospital when leaving the scene of the collision; includes minor abrasions, bruises, complaint of pain).
  • 4,505 pedestrians were injured and 104 were killed due to auto accident.
  • Lowest risk of accident: males and females 16 years old (at this age, individuals have a G1 license that allows them to drive only with an experience driver, often a parent).
  • Highest risk of accident: males 17 years old (6.01% had accidents) and females 18 years old (7.29% had accidents). It seems that, by this age, they are driving on their own. On their own with little experience.
  • The percentage of drivers who have a collision, based on age, generally drops lower each year after this for both females and males.
  • The good news in this report is that 2004 had the lowest number of fatalities ever recorded in the province. Ontario also had the lowest number of accidents per capita of any jurisdiction in North America.
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    If you or a loved one has been in an accidednt you may be entitled to benefits you are not receiving.  For more information visit www.ottawainjury.ca  or call David Hollingsworth, Ottawa Injury Lawyer at 613 978-9549 for a freee consultation with no obligation.

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Car accidents: texting and cell phones

Texting puts drivers at serious risk, study finds

There is more evidence that using a cellphone while driving puts motorists at high risk of getting into an accident.

Particularly if they’re sending or receiving text messages, which a new study says is the most dangerous threat to drivers since alcohol.

A driver is 23 times more likely to get into a car accident if they text when they are behind the wheel of their vehicle, according to research conducted by the Virginia Tech Transportation Institute (VTTI).

In fact, text messaging forced the driver’s eyes away from the road for the longest period of time — about 4.6 seconds over a six-second interval.

“This equates to a driver traveling the length of a football field at 55 mph without looking at the roadway,” the study concludes.

The report, released Tuesday, found that drivers who operate heavier vehicles or trucks are most at risk from driving distractions. For example, these drivers were nearly 6 times more likely to crash while dialing on a cell phone. Meanwhile, motorists operating a smaller vehicle are only three times more likely to get into an accident.

Using or reaching for an electronic device was associated with a 6.7 times increased risk for a crash or near crash.

The findings were based on a large-scale, naturalistic driving study which used cameras and other instruments in the personal vehicles of participants. The study monitored eye movements to determine how long an activity kept a person’s eyes away from the road.

“Given recent catastrophic crash events and disturbing trends, there is an alarming amount of misinformation and confusion regarding cellphone and texting use while behind the wheel of a vehicle,” Tom Dingus, director of the VTTI, said in a statement.

“The findings from our research at VTTI can help begin to clear up these misconceptions as it is based on real-world driving data.”

The study says that other published reports have exaggerated the dangers of talking while driving.

“Talking and listening to a cell phone is not nearly as risky as driving while drunk at the legal limit of alcohol,” the study says, pointing out that drunk driving puts drivers seven times more at risk of getting into a fatal accident.

“Using simple fatal crash and phone use statistics, if talking on cell phones was as risky as driving while drunk, the number of fatal crashes would have increased roughly 50% in the last decade instead of remaining largely unchanged.”

The study makes several recommendations to drivers and law enforcement agencies such as:

* Banning texting in all moving vehicles
* Using a “true hands-free” system where voice-activation is used to control cell phones
* Avoiding all activities that draw a driver’s eyes away from the roadway
* Banning all cell phone used for newly-licensed teen drivers

“Our research has shown that teens tend to engage in cell phone tasks much more frequently and in much more risky situations than adults,” the study says. “Our studies indicate that teens are four times more likely to get into a related crash or near crash event than their adult counterparts.”

The study also notes that teens are the most frequent senders of text messages and will reach the driving age in large numbers.

The study, authored by Dr. Rich Hanowski, will be presented at the First International Conference on Driver Distraction and Inattention in Sweden on September 28 and 29.

The data was collected from video cameras in the cabs of long-haul trucks that were monitored for 18 months, and comes on the heels of a number of high-profile accidents that were blamed on texting.

Past incidents

Last fall, investigators in Los Angeles found that a commuter train engineer sent a text message 22 seconds before the train crashed head-on into a freight train, killing 25 people.

The crash occurred after the train ran a red signal as it travelled through the San Fernando Valley. The incident was the deadliest rail crash in the United States since 1993.

On May 8, 62 people were injured in Boston when one trolley rear-ended another trolley after it ran a red signal.

The driver of the trolley is believed to have been sending a text message to his girlfriend. The Massachusetts Bay Transportation Authority has since banned drivers from carrying electronic devices on the job.

The Institute also calls for a complete ban on texting while driving. In the U.S., 14 states ban texting while driving, including California, Alaska and New Jersey.

In Canada, Quebec, Newfoundland and Labrador, and Nova Scotia have banned the use of cellphones while driving. A ban in Ontario will come into effect this fall.

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bicycle accident:injured cyclists

I continue to feel for these victims and their families.  These must be incredibly difficult times..I wish them all  a smooth recovery..  What a tragic accident…

 

Update on Injured Cyclists…

- Robert Wein remained in critical condition Thursday afternoon after suffering a significant brain injury and other injuries.

- Hilary McNamee and Mark White were still listed in serious condition.

- The Ottawa Hospital was not able to provide information about the status of Rob Harland, who was the least seriously injured of the group.

- Cathy Anderson continues to recover at the Queensway Carleton Hospital, according to a spokeswoman.

If you have been involved in an accident involving a car, call your auto insurer immediately and tell them you have been involved in an accident; they will send you an application for accident benefits.
 
In the event that the accident victims and their families pursue lawsuits against the driver, they would be entitled to compensation for pain and suffering, current and future lost income, health care expenses that would not be covered by accident benefits, and, possibly, punitive damages. Family members could claim compensation for “loss of care, guidance and companionship,” as well as the value of any nursing, attendant care or homemaking services they have provided to the injured person. If family members have had to absent themselves from work because of their caregiving responsibilities towards the injured person, or because they themselves are suffering from the psychological effects of seeing a loved one injured, then they can claim their loss of income in the lawsuit as well.

 

If you have been injured in an accident caused by another vehicle, contact the driver, the owner and the insurance company of each. Within 120 days of your accident, you must notify these individuals, in writing, and advise them that you have been injured and that you intend to pursue a claim for compensation against them. You will find the contact information, name of the insurance company and policy number on the police report. Send the letters by registered mail and keep a copy for yourself.

 

 

 

For more information, visit www.ottawainjury.ca .

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Ontario Accidents Benefits: Lawyer David Hollingsworth shares…

Ottawa accident attorney David Hollingsworth shares some answers to Ontario accident and Ontario insurance claim questions…

When can you sue for pain and suffering and loss of enjoyment of life?
You have to prove that your personal injury meets the threshold-if you have sustained if it is permanent, serious impairment of an important physical, mental or psychological function; or permanent serious disfigurement.

What does it mean if my personal injury meets the threshold?
There is a $30,000.00 deductible from the amount of damages you receive. This deductible does not apply to these damages if the award exceeds $100,000.00.

Does my family have the right to sue?
Maybe, because a wrongful death or personal injury may be subject to a $15,000.00 deductible. This deductible does not apply if the award for these damages exceeds $50,000.00.

Does meeting the threshold apply to loss of income?
Only apply when you are suing for non-pecuniary general damages.

How long will it take before I can start receiving loss of income?
You cannot receive any loss of income for the first 7 days after the collision.

How much can your receive before and after trial?
Before trial, you can receive only 80% of your net loss of income (less any accident benefits which are received). After trial, you can receive 100% of your gross loss of income. In certain cases, you may have to assign over any future collateral benefits you are entitled to in the future.

Explain to me collateral benefits?
Collateral benefits includes payments for loss of income from another private or public plan such as income replacement benefits, long term disability benefits, or CPP disability payments.

What health expenses can I claim in a tort action?
You may be able to claim the cost of all medical and rehabilitation expenses incurred as a result of your accident, in excess of amounts paid or available from your own insurer.

Are there other pecuniary losses for accident victims?
Yes there are other pecuniary losses such as the cost of hiring somebody to perform your daily routine that you can’t do because of your motor vehicle accident.

I found this information on a related law blog and thought I would share it with you. If you have any other questions that relate to Ottawa Ontario accidents, insurance claims or need the help of an Ottawa personal injury lawyer, I would love to hear from you. Visit www.ottawainjury.ca or call 613 978-9549.

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Bicycle Accident results in brain injury for Robert Wein

The five riders — Robert Wein, Hilary McNamee, Mark White, Rob Harland and Cathy Anderson — are still in hospital. Wein is listed in critical condition with a brain injury. McNamee and White remain in serious condition.

The Ottawa Hospital was not able to provide status information about Harland, the least seriously injured of the five. Anderson continues to recover at Queensway-Carleton Hospital, a spokeswoman said.

Sommit Luangpakham, the driver of the van that allegedly hit the riders, was released on bail Thursday. He faces five counts of failing to stop at the scene of an accident causing bodily harm.

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Ottawa bicycle accident lawyer: Update on bicycle accident in Ottawa..

My thoughts are with the 5 cyclists and their families and especially Robert Wein. I hope to soon report that he is out of critical condition….

OTTAWA — An Ottawa man accused of running down five cyclists and fleeing the scene will spend at least three nights in jail as police continue to investigate the Sunday morning crash.

An officer with the collision investigation unit was at the Civic campus of The Ottawa Hospital on Monday interviewing three of the victims to help reconstruct the moments before they were struck down on March Road in Kanata.

One rider remains in critical condition and could not be interviewed.

Police believe a minivan pulled into the bike lane on the northbound side of the road at 7:48 a.m. and collided with the riders before steering back into the vehicle lane.

The cyclists are believed to have been riding in a relatively tight single-file formation in the bike lane, which is clearly marked.

Two of the high-end racing bikes were crushed and possibly dragged beneath the vehicle, police believe. Shattered helmets, broken pedals and other debris were scattered over a 120-metre stretch of asphalt north of Solandt Road. It is unclear if any of the riders was dragged or knocked clear of the vehicle by the impact.

Investigators are also examining a minivan in the police impound bay for signs of contact with the bikes.

The man accused of driving into the cyclists made a brief court appearance Monday.

Wearing blue jail coveralls, Sommit Luangpakham, 45, stood silently in the prisoner’s box with his hands clasped in front of him.

Assistant Crown attorney Fara Rupert asked for three more days to liaise with police for an update on the severity of the injuries suffered by the cyclists.

Luangpakham is charged with five counts of failing to stop at the scene of an accident causing bodily harm. Police said more charges are expected to be laid pending the completion of the investigation.

He was charged after turning himself into police Sunday.

His lawyer, Oliver Abergel, told Justice of the Peace Terry Pasch he was opposed to the Crown’s request and prepared to seek his client’s immediate release for custody.

“My client has no criminal record and no previous involvement with the criminal justice system whatsoever,” said Abergel, adding Luangpakham is also employed full-time. Abergel declined to comment outside the courtroom.

Luangpakham’s wife and another relative were were seated outside when he appeared in court. Both declined to comment.

Luangpakham works as a machinery operator for Dollco Printing on St. Laurent Boulevard, just south of Walkley Road. He often worked evenings and weekends, according to Bounnom Souphilavong, president of the Lao Association of Ottawa. Souphilavong said Luangpakham could not always attend the association’s events because of his work schedule, but he volunteered whenever he could.

“He’s a nice guy,” Souphilavong said, but added that he wasn’t very close to him.

Noulath Sayathat, president of the Wat Lao Buddhist Temple of Ottawa in Kemptville, said Luangpakham came to Canada from Laos about 20 years ago. Luangpakham’s neighbours in Kanata said they were surprised to see police Sunday at the two-storey red brick and vinyl-sided home, where Luangpakham lives with his wife and two children.

Gord McBride, who lives across the street, said he returned from his cottage on Sunday to see police at the home. The minivan was parked in the driveway, with its nose in the garage, McBride said.

Neighbours said Luangpakham’s wife babysat neighbourhood children, but many said they rarely saw Luangpakham. The family had lived there for about nine years, although their home was put up for sale within the past two weeks, neighbours said.

In asking for the three-day adjournment, Rupert argued the charges were “serious” and that Luangpakham may face additional charges. She added some of the injuries suffered by the cyclists appeared “grave.”

Police were unable to speak to Robert Wein, 39, who remains in critical condition at the Civic campus and is heavily sedated after surgery to treat bleeding on the brain and serious lower body injuries. Plastic surgeons were consulting on Wein’s case, said his friend, Julie Hakim, a doctor who was supposed to join the group for the ride on Sunday, but overslept. Wein faces a long recovery from his injuries, she said.

Police are also planning to interview 45-year-old Cathy Anderson, who was the last cyclist in the line and, they believe, the first struck.

Anderson is recovering at the Queensway Carleton Hospital after surgery for arm and elbow injuries. She also has a pelvic fracture, Hakim said. “I’m pretty broken up,” Anderson told the Citizen, but would not comment further.

Hakim said Anderson told her she recalls only being struck from behind and awaking to the sound of screaming as paramedics treated her friends.

The lead rider in the group, Robert Harland, 44, is recovering well, Hakim said, but doctors remain concerned about head injuries sustained by rider Mark White.

Hakim said her friends had “road rash” on the front of their bodies, suggesting they were hit from behind and flew forward, away from the impact.

A fifth rider, Carleton University student Hilary McNamee, 27, was scheduled for a second CT scan of her head Monday. She also suffered a neck injury and may also have kidney damage, her parents said.

McNamee is in her final semester of a four-year degree in social work.

“She wants to change the world,” said her mother, Nancy. “She loves to help people.”

The five cyclists were heading from Kanata to Dunrobin to meet up with Hakim when they were hit. They had planned to ride to Pakenham and make a stop in Carleton Place for breakfast before returning to the city. The group has been riding together for about two years after meeting through Soldiers of Fitness, a military-style conditioning program. They run triathlons together and were training for the Army Run in September.

“They’re some of the strongest people I know,” said Cpl. Mark Nadon, who runs the program in Ottawa. “It’s absolutely devastating to us.”

A bail hearing for Luangpakham is scheduled for Thursday.

With files from Nicole Massé, Neco Cockburn and Brendan Kennedy

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Update on cyclists’ injuries. Bicycle Accident, hit and run..

Here is an update to my earlier post.  My thoughts are with the Robert Wein’s family at this time…

One of 5 cyclists in hit and run clinging to life

One of the five Ottawa-area cyclists seriously injured in a hit-and-run accident Sunday morning remains in critical condition after being struck by a minivan in the Ottawa suburb of Kanata.

Robert Wein, 36, was the most seriously injured and suffered severe brain trauma. He is a father of two and a triathlete who completed a half-Ironman triathlon last weekend. He has not regained consciousness and remains in critical condition.

Another cyclist, Cathy Anderson, saw her left arm and elbow badly fractured in the accident. Fellow cyclists Mark White, Rob Harland and Hilary McNamee were also hurt. Their injuries include concussions, broken bones and lacerations.

When paramedics arrived at the scene of the morning crash, at least three of the victims were still unconscious and the driver was gone. A suspect turned himself in to police about two hours later.

Sommit Luangpakham, 45, of Ottawa is charged with five counts of failure to stop at scene of accident causing bodily harm. More charges are pending.

He appeared in court Monday and was remanded in custody for at least three days while police continue their investigation.

Ottawa police say they have located the minivan believed to have been involved in the incident.

All the cyclists were part of a group that cycles together every weekend to train for triathalons. They were travelling together in a dedicated cycling lane on the four-lane road and all were said to be wearing protective gear, including helmets.

Darryl Wilton, Ottawa Paramedics superintendent of operations, told CTV.ca that the distance between the point of the first impact and the patient furthest away was 120 metres.

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Bicycle Accident in Ottawa results in injuries

Police have charged 45-year-old Sommit Luangpakham Ottawa with five counts of leaving the scene of an accident in connection with Sunday’s hit-and-run collision on March Road that injured five cyclists, two of them critically. Luangpakham was to appear in court Monday morning. More charges are likely once the investigation has been completed, said Ottawa police spokesman Cst. Alain Boucher.

 

 

OTTAWA — Dr. Julie Hakim, still worn out from an on-call shift at The Ottawa Hospital two nights earlier, overslept Sunday morning, and missed the scheduled 7 a.m. start time for her bike ride.

For the past two years, Hakim and a small group of friends had been making long-distance treks of up to 200 kilometres on weekends. On Sunday, they planned to ride from Kanata to Pakenham, with a stop in Carleton Place for breakfast.

Hakim, 29, made a quick call and arranged to catch up with the five others in Dunrobin.

They never arrived.

Hakim rode back along March Road, to a block she had noticed earlier had been closed because of what she first thought was a car accident.

She was horrified to see mangled bicycle parts strewn across the northbound lane.

Broken pedals, shattered helmets, twisted frames, an inner tube, a splash of blood and a few shoes were scattered over a 120-metre stretch of asphalt near Solandt Road.

“I thought they were dead,” Hakim said, realizing she could have been among them had she not slept in.

All five of Hakim’s friends had been injured, two critically, in a hit-and-run shortly before 8 a.m.

Three of the riders were unconscious when paramedic arrived on the scene. An air ambulance helicopter landed in the parking lot of the nearby Alcatel-Lucent building to take the injured to The Ottawa Hospital’s Civic campus. Another cyclist with less serious injuries was brought by ambulance to the Queensway Carleton Hospital.

The incident was witnessed by an off-duty bylaw officer, who told police she had seen a van plow into the riders.

Ottawa police asked the public for help locating a newer model minivan, beige or brown.

On Sunday afternoon, they said they had made an arrest and recovered the vehicle. The driver turned himself in at an Ontario Provincial Police detachment, according to Ottawa police Staff Sgt. Donna MacNeil-Charbot.

A decision on whether charges will be laid won’t be made until the collision investigations unit has finished its probe of the scene.

The most serious injuries were suffered by rider Robert Wein, 39, a father of two who works in computer security with the federal government.

Wein was undergoing surgery Sunday afternoon. He had subcranial bleeding as well as internal injuries, said Hakim, who visited her friends at the hospital. Wein is a triathlete who last weekend completed a half Iron Man triathlon in Carleton Place.

Carleton University social work student Hilary McNamee, 26, was awaiting surgery with a fractured right femur, Hakim said.

Also scheduled for surgery was rider Rob Harland, 44, an employee of the Communications Security Establishment, according to his mother, Gail.

Harland sustained a concussion and injuries to his hip and wrist.

Computer industry worker Mark White, believed to be 33, was also treated but had no obvious bone breaks, Hakim said.

Cathy Anderson, 45 and also a triathlete, was slated for surgery at the Queensway-Carleton for a fractured left arm and elbow. She was also treated for concussion.

Hakim said Anderson told her she had no memory of the moment of impact but remembers hearing screaming as the paramedics treated them.

The incident occurred on a stretch of road with a dedicated bike lane, about 1.5 metres wide.

Hakim said her friends are cautious riders who carefully select their route in advance. They had cycled March Road many times, and she’s sure they would have rode in single file formation.

She can’t understand how a vehicle could have hit them.

The cycling group had originally met through a fitness program called Soldiers of Fitness, a military-style conditioning “boot camp.”

They were training for the half-marathon Army Run this September.

They are “an awesome group,” Hakim said, tremendously supportive and encouraging.

“They’re what got me through med school,” the young physician said as she waited outside the Civic emergency room for news of her friends’ condition.

Hakim says she feels guilty about sleeping late. Had she arrived on time, her friends would have left Kanata as planned and wouldn’t have been on March Road at the same time as the van, she said.

“I should have been there with them.”

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Bicycle Accidents in Ottawa.

Police have charged 45-year-old Sommit Luangpakham with 5 counts of leaving the scene of an accident in connection with the collision Sunday morning that injured 5 cyclists on March Road. More charges are likely as the investigation continues, police said.

If you have been injured in a bicycle accident you may need to speak with a personal injury lawyer to discuss benefits that you may be entitled to.  If you or a loved one had been injured, call David Hollingsworth, Ottawa Personal Injury Lawyer to discuss what he can do for you to help at this difficult time. Call 613 978-9549 or visit www.ottawainjury.ca

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Motorcycle Accident in Ottawa area. Man left in critical condition-serious injuries.

OTTAWA — A 44-year-old Gatineau man remains in critical condition after the motorcycle he was riding was struck by a car in Gatineau Thursday night.

 

At around 10 p.m., the man, heading west on Maloney Boulevard, became airborn when his motorcycle was hit by a car heading east on the same road as the car turned left at Rue de Laverdière.

 

Police said the car likely did not see the motorcyclist.

Gatineau police have ruled out alcohol as a factor in the crash but the bureau of criminal inquiries is investigating the scene, along with an accident reconstruction team. The driver of the car has not been charged.

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