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What happens in a hit and run accident when one of the drivers involved leaves the scene? How do the police determine who is at fault and where do the injured turn for compensation?
Under normal circumstances when a hit and run accident happens, it does not matter who is at fault. If you were driving a car with insurance coverage, you would first contact your own insurance company. If you were injured as a passenger in another vehicle, you would contact the insurer of that vehicle as set out under the Statutory Accident Benefits Schedule (SABS). Under SABS, there should always be an insurer that the injured could contact to make a claim.
Insurance for hit and run accident
What if you were injured as a cyclist or a pedestrian and were not insured when the driver failed to remain at the scene of the accident? Where would you turn for coverage?
The Motor Vehicle Accident Claims Fund (MVACF) provides compensation to people injured in automobile accidents when there is no insurance. It provides compensations for personal injury or damage to victims of an unidentified driver (hit and run) or a stolen vehicle. This fund is only for accidents that happen in Ontario and can only be used by people who live in Ontario.
As for the driver who failed to remain at the scene of the accident, the law requires that drivers directly or indirectly involved in an accident must
* remain at the scene of the accident
* help as much as possible
* provide their name, address, driver’s licence number and insurance information as well as the name and address of the registered owner of the vehicle to the police and other people involved in the accident.
Drivers who fail to remain at the scene can be fined between $400 and $2,000 and or up to six months in jail as well as a minimum licence suspension of no less than three months and six demerit points.
For more information about the MVACF or to talk to an Ottawa injury lawyer about your accident, please call us today at (613) 237-4922 ext. 203 Toll Free 1-855-553-HURT
Ignoring Auto Safety Recalls – A Growing Concern for Drivers
Over the past six years, auto safety recalls of passenger vehicles have increased by 74 per cent from 133 in 2010 to 232 in 2015*. That’s more than five million vehicles recalls. From airbags inflators to electronic gearshifts and ignition switches these safety issues have the potential to cause serious injuries and even fatalities.
Sadly, many of these auto safety recalls are being overlooked and today, it is an estimated one in six Canadian vehicles is on the road in need of repair and its owner has not responded to the notice. According to Carfax Canada, minivan and SUV owners are the worst for answering recalls and family-oriented vehicles are the most likely to have an unfixed recall.
The problem becomes even more complex given the fact that many of these cars are being sold as used and their new buyers are unaware of the preexisting problem. There is no law in Canada the requires a reseller to investigate or disclose recall information on a car.
Auto safety recalls occurs when a manufacturer violates a federal motor vehicle safety standard or has a defect that otherwise poses an unreasonable risk to safety. When this happens, I recall is sent out to existing owners of the affected vehicles. The onus is on the vehicle owner to follow through with the repair once notified.
There have been a number of big recalls recenlty including: * General Motors recalling 4.3 million vehicles for airbag defect * Toyota recalls 340,000 Prius hybrids over faulty brakes * Takata airbag recall biggest in history at 33.8 million vehicles
If you think that your car, or a used car that you are planning to buy could be under a recall warning, visit the Transport Canada website or visit your local dealership to get the details. Remember, safety recalls are effective for the life of the vehicle and there is no deadline.
Yes, homeowner liability is not to be taken for granted. It happens. Guests to your home sometimes do have accidents when visiting. The truth is, it is very common. From the moment a visitor enters your home, you are responsible for their well-being. If they do get hurt at your home or on your property, you must take personal liability. This is legally known as premises liability or occupiers’ liability.
What is a homeowner liability? The Ontario Occupiers’ Liability Act
A homeowner liability mainly deals with the Ontario Occupiers’ Liability Act, it’s your responsibility to make sure that anyone entering your property is safe. For example, if someone visits while your house is under renovation, you need to remove any hazards from the area they will be in or warn them about any dangers they may encounter.
If you are renting your living space, your landlord is responsible for providing warning about the hazards or dangers on the premises. However, if the injury comes from something that you could have prevented, you can still be responsible.
If someone breaks into your home, is trespassing or committing a crime, you are not responsible for their safety.
Injuries on Non-Residential Property
The concept of premises liability in Ontario also applies to non-residential places, like restaurants, amusement parks, schools, parking lots, and shopping centres .Lack of maintenance is often the most common cause for accidents on these properties.
When you pay admission to a park, water park or other recreational property or when you enter a premise to receive or purchase a service you are putting your own safety into the hands of the property owner and assuming that they’ve taken precautions for you.
Most business owners are required to install signs warning guests of any dangers or hazards they might encounter. The only time that liability does not apply is when you enter a recreational building or property that does not charge an entrance fee. Anyone who enters a free recreational property automatically assumes any risks during their time on that property.
Slip and Fall Injury Claims
The most common type of homeowner liability claims on someone else’s property are slip and fall injuries.
When you go to someone else’s home, they are legally required to warn you of any hazardous conditions that could impact your health or safety. This could be anything from a loose floorboard to unshoveled stairs. Failure to remove snow or ice properly could also be a major safety issue. If you slip and fall on ice because the property owner didn’t shovel their driveway, they could be found to be negligent.
Other Common Premises Liability Injury Claims
There are so many ways that you could hurt yourself on another’s property. Dim lighting, failure to clean up debris or spills or uneven walking spaces could all contribute to injuries. There are extra risks involved they have a pool.
What do I need to File a Personal Injury Claim for Premises Liability?
Like any personal injury claim in a homeowner liability claim, you need to keep as much evidence as you can. In a civil lawsuit for negligence, the defendant has to prove beyond a reasonable doubt that they weren’t at fault.
You’re going to have to prove in court that the injury was not caused by your own recklessness or negligence. You could be held responsible for your own accident if it could not have been reasonably predicted or foreseen.
Photos are the best evidence. They will accurately show the area and the hazard or condition that caused your injury.
Keep all of your medical records, doctors’ notes and receipts Having a witness on your side who was there at the time of the incident will also help your case.
If you are injured in an accident on someone else’s property, seek legal advice. A good personal injury lawyer can help you to get the compensation you deserve to recover from the accident and return to a normal life.
Ottawa slip and fall accident
A pre-spring thaw has left Ottawa walkways wet and slushy and sadly this may lead to a slip and fall accident. Freezing temperatures forecasted for the weekend will turn that wet slush to ice, creating a hazard for those who may not prepared.
Slip and fall injuries have serious consequences with injuries ranging from sprains and fractures to brain or spinal cord injuries. The weather aside, one of the biggest contributors to pedestrian accidents is distraction. People are walking, looking at their phones and not paying attention to what’s happening around them. Icy conditions increase the hazard.
* Give yourself lots of time to get where you are going. Take short steps and walk at a slower pace.
* Use the railing when walking down stairs.
* Pay attention to black ice. When the weather changes quickly, dew, fog or water vapour can freeze on cold surfaces and form an extra-thin, nearly invisible layer of ice,
* Carrying too much can upset your sense of balance. Lighten your load. You need to leave your hands and arms free for balance.
* Be prepared to fall and try to avoid using your arms to break your fall. If you fall backward, try to tuck your chin in so your head doesn’t hit the ground.
* Use special care when entering and exiting vehicles.
Compensation for slip and fall accident
Being aware of icy weather conditions, throughout the winter months or after a spring thaw, is important. Staying on top of the weather conditions helps you to know when to use greater caution. Winter presents a number of challenges for drivers and pedestrians, but when it comes to walking on icy roads and sidewalks, use extra caution and be aware of your surroundings. If you have been injured in a pedestrian, auto , or slip and fall accident, you may be entitled to compensation. Contact David Hollingsworth to learn more.