Ottawa injury lawyers David Hollingsworth and Associates share cycling safety tips for cyclists of all ages.

Ottawa Cycling Accidents

The kids are out on their bikes and summer is finally here. This can also means an increase in the number of bicycle related accidents.  Ottawa Police recently targeted bicycle safety infractions in Ottawa with a goal of educating people and enforcing  the rules of the road. Read more about this initiative here  http://www.ottawainjury.ca/lawyers/ottawa-personal-injury-accidents/ottawa-personal-injury-lawyers-happy-to-see-ottawa-police-focusing-on-cycling-safety/ and the results were astonishing.

The Ministry of Transportation has put out some great resources and safety tips for cyclists of all ages.

They offer FREE cycling guides that can be immediately downloaded.

The Ministry has produced a detailed handbook of rules and safety standards for all riders entitled “Cycling Skills: Ontario’s Guide to Safe Cycling” and the “Young Cyclist’s Guide” , which is a handbook designed for younger riders that deals specifically with cycling safety tips and rules for children on bicycles.  I highly urge you to take a look and if possible download these guides to share with your children.

There are rules and regulations when it comes to bicycle use. In Ontario, bicycles do not require registration, plates, or  insurance.  Anyone is allowed to ride a bicycle; however, the rules of the road to apply to bicycles. For instance,  a cyclist must share the road with other vehicles.

Under the HTA, the Ontario’s Highway Traffic Act a bicycle is a vehicle, just like any other vehicle such as a car and cyclists must obey  all traffic laws. Cyclists must also be responsible drivers and must obey rules surrounding bicycles. For example, on a regular bicycle, it is illegal to transport a passenger , when the bicycle is meant for one person only.

In Ontario, all cyclists must stay as close as possible to the right edge of the road , unless otherwise indicated. In some instances, there may be designated bike lanes that are not immediately to the right . Cyclists in Ontario cannot ride their bicycles on most highways ( Ontario’s 400-series highways) and cyclists must not drive across a road within a pedestrian crossover . The rules in Ontario are that cyclists  must walk their bicycles to the other side of the crossover.

Ontario law states that every cyclist under the age of 18 years must wear an approved helmet and for cyclists under the age of16 years old, it is the responsibility of the parent or guardian to ensure their child is wearing a helmet while riding a bicycle. The helmet must also fit properly to offer as much protection as possible.

While not mandatory for adults, as an Ottawa personal injury lawyer, I strongly urge all adults to wear a helmet while cycling. Helmets are not compulsory for adults, but in my opinion,  the use of a helmet may very well save your life.  There are plenty of cycling resources out there and the Ministry of Transportation is just one of them, but a good one, so I thought I would share it with you.  Have a great, safe summer of cycling.

 


Alex Hayes Trust Fund-tragic Ottawa bicycle accident, Lawyer David Hollingsworth

Ottawa Personal Injury Lawyer , Ontario Car Accident Attorney David Hollingsworth …What is going on in Ottawa?  This Ottawa accident is tragic and seems avoidable…My thoughts go out to the family and friends of Alex Hayes..It sounds like Alex was such a nice , good kid…I’m truly sorry for the loss of such a young man, still a boy…

The Greely community is deeply saddened by the hit-and-run incident that killed a 16-year-old boy who worked at the grocery store.

Alex Hayes was killed on September 9th, when he was struck by a driver on Bank Street, just south of Mitch Owens Road, as he was biking home from his shift at MacKinnon’s Foodland grocery store, just shortly after 9 p.m. Samira Daoud, 40, of Ottawa was tracked down by Ottawa Police at approximately 9:30 p.m. Alex’s body was finally discovered at 12:10 p.m. the following morning when Ottawa police took his body to  determine whether or not Alex died on impact of the crash.

Samira Daoud is charged with 13 offences, including criminal negligence causing death, impaired driving, failing to stop at the scene of an accident causing death, possessing a stolen car, driving with a suspended license, and breach of probation.

The Greely community continues to lay flowers next to a makeshift memorial dedicated to Alex and the memorial continues to grow at the entrance of the Foodland grocery store since the Alex’s death. The owner of the store told the Ottawa Citizen that he was  impressed with Hayes’s work ethic and attitude.  He was also quoted in the Ottawa Citizen saying “If I had three or four of him it would be perfect”. “I’d clone him if I could.” Alex was not only a great employee, he was a great family member. He worked hard to include his mother and brother on a recent student trip to the students took to Cuba.

A wake was held for Alex and over 200 people attended on Sept. 17,  Many of the students were from St. Mark Catholic High School and Osgoode Township High School.  To help the family, an Alex Hayes Trust Fund was also set up, which raised $20,000 in the first few days and Foodland employees wore “Alex” on their work shirts  in remembrance. The grocery store has also been flooded with patrons who got to know Alex.  Many have expressed their disappointment in the system and feel that a drinking and driving charge is not enough.

The owner of the store is also planning on bringing in professional counsellors to help staff grieve. Upset, he told the Ottawa Citizen “We’re going to miss him, there’s no two ways about it,”  “I miss him already.”

Earlier Thursday evening, not far from the Foodland grocery store, Christa Charron says a woman erratically driving a truck with Alberta licence plates forced her to move into another lane. The woman had been driving north on Bank Street and driving towards Mitch Owens Road. Charron was concerned and tried to follow the speeding truck, but couldn’t keep up. Other vehicles pulled to the side of the road as they were trying to avoid being hit by the erratic driver.  Charron proved to be a very important witness. It was reported in the Ottawa Citizen, that  Charron says she saw a half empty two-litre bottle of wine between the two front seats and that she noticed that one of the headlights of the truck, which was working when she first saw the vehicle in her rear view mirror, was no longer working and burned out. She also observed that the side of the truck was damaged. She spoke to the Ottawa Citizen and was visibly upset .

 

 

 

 


Ontario Accident? Need an Ontario lawyer ? What you should do…

Ottawa Lawyer, Ottawa Injury Lawyers…Ontario Accident? What you must do…

Ottawa personal injury lawyer shares what you can do if you have suffered a personal injury.

Life can become extremely difficult when an accident or personal injury occurs and challenges your routine in life, and stops you from being able to enjoy activities with your loved one’s and family, whether they may be as simple as holding your son or daughter in your arms, and taking your dog for a walk. A minor injury can become serious when it affects you and changes your life. For the unfortunate among us who have experienced the death of a loved one and close friend, the scars that remain can last a lifetime. No amount of monetary award or benefit can fully compensate for the loss. Putting a price tag on how much a personal injury has cost can seem impossible, given that the only thing one could really want in such circumstances is to un-do the accident or have the loved one back.

In these circumstances, is vital for you to seek help from appropriate avenues, including close family, friends, health services providers, the services of an experienced and caring lawyer. It is important to have as many people on your side as possible. Getting advice from one of the best Ottawa personal injury lawyers is always good idea. David Hollingsworth meets daily with people who have been in an accident and just want to know what their rights are.

Why you should see experienced Ottawa personal injury lawyer:

– Conduct a prompt and thorough investigation of the accident scene

– Get medical advice (aches and pains often take a few days to develop and some injuries are not obvious).

– Preserve critical evidence at the scene (you may not know what is important and what is not)

– Start your potential lawsuit before your statute of limitations expires

What you need to consider after an accident:

– Medical circumstances: Go to a doctor ASAP to get checked out.

– Witnesses: If possible, get their address and phone numbers. It will be nearly impossible to reach them once everyone departs

– YOUR OWN notes: important details are still in your memory, so now is the time to write it down.

– Your Ottawa personal injury lawyer should be consulted as soon as possible.

– “On the spot” settlements can often leave you with less than you deserve. Your doctor will look at the extent of all your personal injuries, your need for medical treatment or perhaps surgery. An “on the spot” settlement may limit and restrict any future treatment.

If you have suffered a personal injury due to an motor vehicle accident, or any kind of personal injury from any other kind of accident, there are important reasons why you need to consult with an Ottawa personal injury lawyer as soon as possible. Waiting can often hurt your case as we have discussed. As time passes, materials can get forgotten and it may become impossible to collect crucial evidence and information. In short, if you wait, it can be much more difficult to prove your case.

This blog is prepared daily to report on Ontario accidents, personal injury law and resources available to Ontario residents.  David helps Ontario accident victims get  insurance benefits, support and proper rehabilitation they need after an accident.  David Hollingsworth has been an Ottawa Ontario personal injury lawyer  helping Ontario accident victims since 1999, with an established Ottawa law firm of more than 50 years of experience.

 

 


Ottawa accident lawyer shares statistics on accidents..

Ottawa Car Accident

As an Ottawa personal injury lawyer, I can honestly say these statistics are alarming . 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 2004:

  • 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.

Every driver, pedestrian and cyclists needs to do their part in reducing the number of car accidents and injuries related to car accidents each year.  The statistics don’t lie and there is a lot we can do to lower the number of accidents on our roads each year.  Let’s do it.


Personal Injury Insurance Claims, David Hollingsworth- Ottawa Personal Injury Lawyer

Ottawa Ontario Personal Injury Lawyer David Hollingsworth. Ontario Accident Benefits Insurance Claims in Canada If you are injured as the result of an Ontario accident you are entitled to make a personal injury claim and receive certain accident benefits. A top Ontario personal injury lawyer can help you maximize your accident benefit and ensure that you are receiving everything you need not only now but in the future. The following is a list of Ontario accidents benefits to which you may be entitled.  It is important to also know that even if you do not have your own car insurance, you can still be entitled to receive compensation through a fund set up by the Ontario government that supports Ontario accident victims with no car insurance.  Again, a top top Ontario personal injury lawyer can help you set this up and get you maximum compensation for your personal injuries.

Income Replacement Benefits

Non-Earner Benefit Caregiver Benefits

Medical Benefits

Rehabilitation Benefits

Attendant Care Benefit

Maximum Medical Rehabilitation & Attendant Care Benefits

Payment of other Expenses

Death Benefits Funeral Expenses

Optional Benefits

If you need more information regarding personal injury lawsuits in Ontario or Ontario accident benefits, please don’t hesitate to call one of the best Ottawa personal injury lawyer at 613-978-9549

 


Avoiding car accidents and Highway Safety rates roof strength in rollover car accidents

The Insurance Institute for Highway Safety looks at different vehicles each year and  released a study as to which rates roof strength in small SUVs. I  feel that this is an important study to keep an eye on. If I were in the market for a new vehicle ( which unfortunately I’m not !) , I would want to know which vehicles hold up best in the event of a car accident.  The study to which I am referring to looked specifically at the roofs of cars.  As a consumer, I would be thinking about rollover car accidents and how best to protect myself and my passengers.

The study rated as follows:

Good Ratings

  • Honda Element
  • Volkswagen Tiguan
  • Subaru Forester
  • Jeep Patriot

Acceptable Ratings

  • Toyota RAV4
  • Nissan Rogue
  • Suzuki Grand Vitara
  • Mitsubishi Outlander
  • Chevrolet Equinox/Pontiac Torrent

Marginal Ratings

  • Honda CR-V
  • Ford Escape/Mazda Tribute/Mercury Mariner

Poor Ratings

  • Kia Sportage/Hundai Tucson

Insurance Institute for Highway Safety statistics indicate that 10,000 people are killed every year in rollover car accidents. Obviously better built roofs do a better job at protecting their passengers , by keeping them in the vehicle .  The solid roof also helps to keep the car together on impact.

It makes a lot of sense to me.  Drive safely out there !

 


Personal Injury Lawsuits- When to see a Personal Injury Lawyer- David Hollingsworth, Ottawa Ontario

How Soon Should I See a Lawyer After a Personal Injury Or Accident?

How to Avoid Losing Your Prospective Settlement:

David Hollingsworth, Ottawa Ontario Personal Injury Lawyer, recommends that you learn as much as possible about your options AS SOON AS POSSIBLE if you or your loved ones have been hurt in a personal injury accident. Read on to learn more.

More often than not, victims of a personal injury accident (such as a motor vehicle or slip and fall, etc) wait too long before seeking the help of a lawyer. This often ruins any prospective chance of success in their case.

People wait too long before seeing a lawyer for various reasons, which may include:

Fear of the Process (Expenses, etc)

Fear of the legal process is a common concern for many people unfamiliar with the realm of personal injury law. At my law firm, I offer an initial, confidential and free consultation for all clients. I strive to help you in this consultation by learning as much as possible about your injury, your goals, and how I can help you to achieve your goals.

Embarrassment (Confidentiality)

Embarrassment can be another barrier for many seeking help after a personal injury. I always emphasize the strict professional and confidential nature of my practice; there is nothing embarrassing about the road to recovery and claim settlement; it is my job to ensure that your voice is heard, and you are given all and everything of what you rightfully deserve.

Physical considerations.

If physical considerations such as confinement to a hospital bed or home exist, I am always happy to accommodate accordingly with a free no risk consultation where you are most comfortable. I will visit you in your place of recovery to help answer your immediate questions and concerns about your situation.

Procrastination

Finally, procrastination is another unfortunate reality with many victims of personal injury. As we have discussed, waiting too long to see your lawyer can spell doom when it comes to the prospect of your successful settlement and recovery.

Summary
These four enumerated barriers to meeting with a lawyer can mean that your claim is ruined. “Limitation periods” can affect your ability to gain what you rightfully deserve; once a limitation period has expired, it generally prohibits you from successfully lodging a claim.  In Ottawa and the province of Ontario generally, you are granted two years to advance your claim, starting from when you first knew or ought to have known you have a cause of action to advance a claim. In practice, this is generally the date of your personal injury or accident.  In special circumstances, the limitation period varies. With minors, for example, the limitation period begins to run as soon as that person arrives at the age of majority.

Action

These variable circumstances emphasize the importance of consulting with an Ottawa personal injury lawyer such as David Hollingsworth as soon as you have the opportunity after your accident or personal injury. A top Ottawa personal injury lawyer will be able to advise you and your family on the most appropriate steps to take in a situation of minor or tragic personal injury, so that you can secure and protect your valuable interests and better cope with the trauma and pain of your injury or loss. A good personal injury lawyer can enable and empower you with the guidance and support necessary to have a smooth, and successful recovery after your accident, and to secure and protect the interests of you and your loved ones.

David Hollingsworth is a leading Personal Injury Lawyer in Ottawa, Ontario Canada. For more information regarding your personal injury case visit www.ottawainjury.ca or contact David directly at 613 978-9549.


Personal Injury Claims- How much is Pain and Suffering worth ?

Ontario Personal Injury Claims: Pain and suffering Compensation. How Much Is My “Pain and Suffering” Worth?

One of the challenges that I face as an Ontario personal injury lawyer  in Ottawa is explaining to people who have been seriously injured how much pain and suffering compensation they are entitled to. Each and every case is different. Calculating how much compensation an Ontario accident victim should receive for pain and suffering is also very challenging.

What is Pain and Suffering ? Compensation that lawyers refer to as “non-pecuniary damages”. Most people refer to this type of damages as “pain and suffering”.

How Do Courts Calculate “Pain and Suffering”? Unfortunately, there is no specific answer for calculating pain and suffering. Each case is very unique. What a judge does when determining compensation for pain and suffering is evaluate how the personal injury has affected the victim’s ability to function in everyday life and how the injury has effected the person’s enjoyment of life. From there compensation is calculated.

In other words, how have your injuries affected your normal day to day activities;  ability to work; and your normal amenities of life? Your personal relationships ? How do your injuries affect the way you interact with your friends and family? Your co-workers ?

Maximum Award compensation for Pain and Suffering.  The Supreme Court of Canada has placed a limit on the amount of compensation that accident victims are entitled to receive for non-pecuniary damages for pain and suffering. To date, the maximum compensation  is slightly more than $300,000.00.  The maximum amount is only paid to the most catastrophically injured victims (quadriplegic, paraplegic,  brain injury etc..) .

If you are considering a claim for compensation and live in Ontario, it is important to have an experienced Ontario personal injury lawyer assisting you collect all the necessary information you need to make a detailed claim. Which will in turn,  help assess your damages claim for pain and suffering. The best Ontario personal injury lawyers can help ensure you prepare your case properly, in a manner that will show the courts the amount of pain and suffering you are living with and the need for maximum compensation for you not only today but for the rest of your life.

I have been representing victims of serious personal injuries for over 10  years, helping injured victims get maximum compensation for their personal injuries.

Contact me for a free consultation.  Home and hospital visits.  Contact  www.ottawainjury.ca


What are “Accident Benefits” ?

David Hollingsworth, Ottawa Personal Injury Lawyer has a team of professional working with him in the area of Accident Benefits. Following is a summary of the most commonly-accessed accident benefits. It is not a complete list of all available benefits.

  • Income replacement. You are entitled to 80% of your net income to a maximum of $400 per week if you are substantially unable to perform the essential tasks of your occupation or employment during the first 104 weeks. Thereafter, you can continue to receive these benefits as long as you are continuously disabled from any occupation for which you are reasonably suited by education, training and experience for up to $400 a week or 80% of your net income.
  • You may receive non-earner benefits of up to $185 a week if you are not employed. If you suffer a complete inability to carry on a normal life as a result of the injuries from the accident. No benefits are payable under this category for the first six months after the accident.
  • Caregiver costs of up to $250 a week, if you were the primary caregiver of a person in need (with whom you were residing), plus $50 for each additional person in need of care
  • Medical and rehabilitation costs (above OHIP) to a maximum of $100,000 for up to 10 years for a non-catastrophic injury, and up to $1,000,000 for the rest of the victim’s life in the case of a catastrophic injury.
  • Special Attendant Care of up to $3,000 a month for two years for a non-catastrophic injury, and up to $6,000 a month for the victim’s lifetime for a catastrophic injury.
  • Housekeeping and Home Maintenance of up to $100 per week.
  • Death Benefits of $25,000 for the spouse of the victim; $10,000 for each of the victim’s dependents; $10,000 to the person who cared for the victim; up to $6,000 for funeral expenses.
  • Travel Expenses for family members or those living with the accident victim for their visiting costs during treatment or recovery.
  • Lost Education benefits for students to a maximum of $15,000.

For more information, contact David  at   www.ottawainjury.ca or e-mail david@ottawainjury.ca