Posts Tagged ‘vehicle’

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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Whitewater teen dies in car accident, Ottawa Accident Attorneys

My thoughts and sympathies are with the Lacroix family and friends at this time.  I am truly sorry for your loss…   -David Hollingsworth

OTTAWA — A 19-year-old Whitewater Region Township man was struck and killed by a vehicle shortly after midnight Sunday, Upper Ottawa Valley OPP said.  Police said Gordon McPherson, 19, of Whitewater Region Township was trying to move his parked vehicle on Lapasse Road, north of Beachburg, when it struck John Lacroix. Lacroix was taken to Pembroke Regional Hospital, where he was pronounced dead, police said. An investigation continues.

 

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

Ontario Personal Injury Claims: 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 compensation they are entitled to receive. Each and every case is different.

Pain and Suffering One of the heads of damages that the court will consider when awarding compensation is what 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”?There is no such thing as a “Pain-O-Meter”. An injured victim cannot be hooked up to a machine that prints out the financial value of their pain. What a judge does when determining compensation for pain and suffering is use his or her experience and discretion to consider how the injury has affected the victim’s ability to function and how the injury has effected the person’s enjoyment of life.

In other words, how have your injuries affected your normal day to day activates; your ability to work; and your normal amenities of life?

Financial Awards in Canada Different than the United States. Many of my clients have read news stories from the United States where injured victims have been awarded millions of dollars (sometimes tens of millions of dollars) for their “pain and suffering” from catastrophic injuries. Unfortunately, those types of damage awards cannot happen in Canada.

Supreme Court of Canada Caps Pain and Suffering Awards. The Supreme Court of Canada has placed a cap on the amount of compensation that injured victims are entitled to receive for non-pecuniary damages for pain and suffering.

In 1978, in a case known as Teno v. Arnold, the Supreme Court of Canada created a barrier to recovery for innocent victims who have been injured as a result of someone else’s negligence. In the Teno case, the Supreme Court ruled that no matter how seriously injured you are the maximum compensation that you can receive for your “pain and suffering” is $100,000.00.

Maximum Award for Pain and Suffering. Taking inflation into account, the cap on pain and suffering awards is currently considered to be slightly more than $300,000.00. But that maximum amount is only paid to the most catastrophically injured victims (quadriplegic, paraplegic, severe brain damage and similar injuries).

Even when plaintiff’s receive damage awards that seem large, they often never see the full amount decided by the judge or jury. Many awards are drastically reduced on appeal. These reduced or vacated judgments are seldom reported by the media.

If you are considering a claim for compensation for pain and suffering it is important to have an experienced Ontario personal injury lawyer assisting you to ensure that you provide all of the relevant information that the courts will consider when assessing your non-pecuniary damages claim for pain and suffering.

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

Contact me for a free consulation.  All of my contact information is on my website.    www.ottawainjury.ca

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Car accidents are leading cause of death among teenagers.

If you have a teenage driver, you might want to read U.S. News & World Reports ranking of The 5 Most Dangerous Cars for Teens. Using crash test results by the National Highway Traffic Safety Administration and the Insurance Institute for Highway Safety, and by looking at what automotive experts have written about today’s popular cars, US News created a short list of cars that they would not recommend parents purchase for young drivers.

Every year between 5,000 and 6,000 teenage drivers are killed in automobile accidents. In fact, car accidents are the leading cause of death among teenagers.  

List of Dangerous Cars for Teenagers:

  • Smart Fortwo –has poor safety data, especially in side crashes. A safer alternative is the Mini Cooper.
  • Volkswagen New Beetle — has blind spots and poor side impact crash results. A safer alternative is the VW Rabbit.
  • Mitsubishi Eclipse – looks sporty but it has poor visibility and blind spots. A safer alternative is the Scion tC.
  • Jeep Wrangler — has marginal scores in side impact crashes and performs mediocre in rollover tests. A safer alternative is the Honda CR-V.
  • Chevrolet Aveo – has mixed crash test results and also does not provide safety equipment like side curtain airbags and anti-lock brakes. A safer alternative is the Suzuki SX4.

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Wrongful Deaths and “Social host Liability” Laws…

I stumbled across this blog post and although it relates to laws in the US, it serves as a good reminder for us all…. Happy Easter everyone !     -David

CNN had an article entitled Officials crack down on booze-serving parents. The article profiled the story of a 16-year-old star football player who was killed in a car accident and police believe he was driving under the influence. They also believe that the teenager had been served alcohol by one of his pal’s mothers. If the mother, Kecia Evangela Whitfield, age 43, is convicted she could be required to serve a year in prison as well as pay thousands of dollars in fines.

Increasingly, states are creating “social host liability” laws and imposing heavy penalties on adults who serve alcohol to minors even in their own home. There are a lot of parents who believe that if they allow teenager to drink at home, that it will be safer for the teenagers. Some parents have a belief that if the drinking is done at home then they control binge drinking, and problems associated with it like rape, sexual assault and alcohol poisoning. This belief is becoming a trend in some areas.

In all states, it is legal to give your child alcohol. It is, however, illegal to give another person’s child alcohol.

victim of drunk driver lawyer seattle

Social Host Liability

In 24 states, legislatures have enacted laws which hold adults who serve or provide alcohol to a minor to be held criminally liable if the minor is killed or injured or kills or injures another person. This law is similar to dram shop laws for businesses.

 

With dram shop liability, if a person is injured or killed by a drunk driver, then the restaurant, bar or social club that served the obviously intoxicated person can be found negligent as well.

If you or a loved one has been seriously injured, or a loved one been killed by a drunken driver, you should me at www.ottawainjury.ca or call 613 978-9549.  We represent victims on a contingency fee basis meaning you pay nothing unless we recover a settlement for you.

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Accident Benefits for Accidents in Ontario

The following is an outline of some of the  standard Accident Benefits coverage for Ontario and the available ‘extras’ that can be purchased. I have not listed all benefits, just the main ones.  If you would like a more detailed list of Accident Benefits and their maximums, e-mail me at info@ottawainjury.ca.  While reading through this section, keep in mind you may want to investigate a separate disability insurance policy. Sometimes it’s cheaper to buy this coverage outside your auto insurance policy — and you might get better coverage, too!

 

Income Replacement benefits
If you become disabled as the result of an automobile accident, you may be eligible for weekly income replacement benefits of up to $400. If this isn’t enough to cover your current income level, you can buy optional income replacement benefits to increase your maximum weekly protection to $600, $800 or $1,000.

 

Non-earner benefits
If you do not qualify for Income Replacement benefits or Caregiver benefits, your standard Accident Benefits coverage could help you if you are eligible to receive a weekly payment of $185 every two weeks. This is only available however, if you hare completely unable to carry on with your normal, everyday activities.

 

Caregiver benefits
If you provide full-time care to dependants, and are disabled as the result of a car accident, this coverage will help you. The standard maximum amount for caregiver benefits is $250 per week for one dependant, plus $50 per week for each additional dependant. If you buy optional caregiver benefits, the coverage increases to $325 per week for one dependant, plus $75 per week for each additional dependant.

 

Dependent Care benefits
Although not a part of the standard Accidents Benefits coverage, you can buy Dependent Care benefits. If you have young children, this option is worth considering. You can claim for optional dependant care benefits if you’re employed at the time of the accident, and you have to pay for childcare expenses as a result of the accident. Optional dependant care benefits cover up to $75 per week for the first dependant and $25 for each additional dependant.

 

Medical and Rehabilitation benefits
The standard maximum amount for medical and rehabilitation expenses, such as physiotherapy, chiropractic treatment, dental expenses, etc., is $100,000. If you are catastrophically injured, the maximum is $1,000,000. Optional additional Medical and Rehabilitation benefits are available for maximums up to $1,100,000 and up to $2,000,000 for non-catastrophic and catastrophic injuries respectively.

 

Attendant Care benefits
If you need to hire someone to help you as a result of injuries from an accident, this portion of the benefits coverage could help. The standard maximum for attendant care is $72,000 and if you are catastrophically injured, the maximum is $1,000,000. You can buy optional benefits to cover up to $1,072,000 in additional attendant care expenses if the injuries are considered non-catastrophic, and up to $2,000,000 for injuries that are catastrophic.

 

Death and Funeral benefits
No one likes to think of the worst. But it is beneficial to plan ahead. If you die as a result of an automobile accident, the standard amount which will be paid is $25,000 to your eligible spouse, $10,000 for each dependant, and a maximum of $6,000 for funeral expenses.

 

If you buy optional benefits, you can increase these amounts to $50,000 to your eligible spouse, $20,000 for each dependant, and $8,000 for funeral expenses.

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Ensuring child safety..reducing car accident safety

Parents who place their child’s car seat in the middle of the back seat rather than on the sides, are keeping their children safe in case of a car accident. By positioning a child’s car seat in the middle of the rear seat, the child is 43% less likely to be injured in a car accident according to a University of Pennsylvania and Children’s hospital of Philadelphia study which was published in the journal Pediatrics.

The study looked at data from 4,790 automobile accidents which involved children under the age of three. They found that only 28 percent of car seats are placed in the middle rear seat. They found that the center position is always recommended but that there is a low compliance.

seattle car accident attorneyCorrect use of car seats for infants and small children is critical in preventing serious injuries and death. Studies show that parents are more likely to incorrectly position and use car seats for infants rather than toddlers.

Childrens’s Hospital of Philadelphia has instructions and videos which show the correct positioning and usage of child car or booster seats.

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Ottawa Truck accident: Driver charged

ONTARIO – Ottawa Citizen – An Ottawa truck driver has been charged after an eight-year-old boy was struck and injured Thursday morning while standing on the curb with his mother.

The accident occurred shortly after 10 a.m. at the corner of Bank Street and Heron Road. The boy and his mother were waiting at the curb when the tractor trailer, southbound on Bank Street, turned right on to Heron Road. Police say the rear wheels of the trailer jumped the curb and ran over the boy’s left leg.

The boy suffered serious fractures to his upper and lower leg, according to Ottawa paramedics who treated him at the scene.

The truck driver, Joseph Kenneth Michael Paasila 47,has been charged with Improper right turn under the Highway traffic Act of Ontario.

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Ottawa Accidents:Be careful on King Edward

We all take for granted everyday when we leave for work, school, hockey, ballet class, grocery store, soccer, home or wherever we are going, that we will arrive safely. Please remember to take the extra time and drive as safely as possible.  An accident can happen to anyone and is often out of our control.  If you are driving downtown, please be extra cautious on King Edward Avenue in particular.  It is a very busy area with a lot of traffic; both motor vehicles and pedestrians.  Here is why :

Recent Accidents in the King Edward Area

Oct. 31, 2008: Woman, 86, dies after being hit by truck at Rideau and Cumberland.

Oct. 14, 2008: Wheelchair occupant seriously hurt after hit on King Edward at Laurier.

July 2007: Truck hits car at King Edward and St. Patrick; 65-year-old killed.

March 2007: 20-year-old woman is hit as she attempts to cross King Edward.

September 2006: Truck hits and kills elderly male pedestrian at King Edward and Rideau.

November 2005: Woman, 53, is hit at King Edward and Rideau, suffers life-threatening injuries.

June 2003: Man, 81, is hit by a truck at King Edward and Rideau and dragged several metres, but survives.

October 2002: Courier driver, 22, dies when a car hits his parked vehicle on King Edward.

June 2002: Bus crashes into doughnut shop at King Edward and St. Patrick, injuring two.

May 1997: Woman, 86, is struck and killed by a vehicle on King Edward.

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Ottawa Accidents: Death on King Edward

The death of a 49-year-old woman Thursday morning in a collision between a concrete truck and a car has revived the issue of removing heavy vehicle traffic from the King Edward area.

Police closed off the intersection of King Edward Avenue and St. Patrick Street for five hours following the fatal two-vehicle accident, which happened just before 10 a.m.

The truck was heading south on King Edward and the Toyota, driven by Samantha Wong, was westbound on St. Patrick when the collision occurred. The impact heavily damaged the car. Wong was rushed to the General campus of The Ottawa Hospital and was pronounced dead shortly thereafter. The 56-year-old male truck driver was not injured. They were the only occupants of the vehicles.

Sam Wong, 49, was at work when he got a call from the hospital about his wife. When they suggested he bring along someone to drive him to the emergency room, he was prepared for the worst.

“I had a gut feeling,” he said. “I’ve seen these situations before.”

The couple and their sons, Kenneth, 16 and Michael, 15, had a family breakfast of bacon and eggs at their home in Gloucester Thursday morning before Sam drove his sons to school.

Samantha had likely planned to stop by the Chinese embassy on St. Patrick to finalize the paperwork for her visa before heading to work at Mendes Toyota. She was to leave for China on Tuesday, to visit her mother.

Wong and his family are dealing with the sudden loss of a “very, very caring” wife and mother.

“Everybody’s taking it very hard,” he said. “The boys really miss her big-time.”

Wong was fielding calls from friends and trying to track down his wife’s brother into Thursday evening.

When paramedics arrived, she showed no vital signs, and attempts to resuscitate her failed.

At the hospital, Wong was told that his wife likely died on impact.

The truck is owned by St. Marys Cement Group. A spokesman for the company would not comment.

Yesterday’s death adds to the list of traffic fatalities and injuries in the Lowertown area. Since 1997, at least five people have been killed and 26 injured in large vehicle incidents.

According to Lowertown Community Association president Angela Rickman, more than 3,500 trucks and 50,000 cars use King Edward Avenue daily driving to and from the Macdonald-Cartier Bridge.

Rickman says it’s time to make the area safer by limiting traffic.

“We need a new bridge, we need action on it,” said Rickman. “The only action we’ve had is more delay. To say a glacial pace is an insult to glaciers. This is ridiculous.

“We’ve got a number of levels of government that need to step in here and put their money where their mouth is.”

The presence of the bridge and the heavy traffic it attracts has an impact on life in the area.

“When I first started working here it was very startling,” said Zosia Religa, who works across from the crash site at Renaissance Holistic Health. “It felt like there was an earthquake.

“I would really like it if they could move the traffic elsewhere. They (the trucks) move at such fast speeds. It’s very noisy and there’s a lot of pollution.”

Ottawa-Vanier Liberal MPP Madeleine Meilleur said she will continue to lobby the federal and Quebec provincial governments for a new bridge.

Meanwhile, a 41-year-old man was fighting for his life Thursday night after his scooter collided with a car near Merivale Road, sending him to hospital with serious head injuries, a collapsed lung and broken legs, according to paramedics.

The woman driving the car suffered minor back injuries and was also transported to hospital. The collision occurred around 7:30 a.m. near Merivale between Baseline Road and Kirkwood Avenue. Police closed Merivale to north- and south-bound traffic for several hours following the collision.

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