Does the Highway Traffic Act apply to private property?

Ottawa Injury Lawyer David Hollingsworth….Can you be fined for failing to stop in a private parking lot? Can you be fined for speeding in a private parking lot ? What happens when there is an accident on private property? Should the police be contacted? Should a police report be made?

If this parking lot was in Ontario,  the rules of the road don’t apply on private property.  The  Ontario Highway Traffic Act cannot be enforced  on private property such as parking lots.  In Ontario, motorists are still required under the Highway Traffic Act to report collisions involving personal injury, or having property damage exceeding $1000, or if there is a dangerous condition resulting from the accident.  (eg. a broken gas line) under Section 199 of the HTA .

For insurance purposes, the IBC (Insurance Bureau of Canada has specific rules and guidelines when it comes to “Rules for Automobiles in Parking Lots”  ( O. Reg. 276/90, s. 16.) Insurance companies use the Fault Determination Rules to determine fault. What this means is that you may not be “at-fault” according to police; however depending on the nature of the accident on private property, you may be 50% responsible for insurance purposes.

Regardless of whether you are on private or public property, it’s important to obey all rules of the road for safety purposes. If you have a question regarding your accident on private property, please feel free to contact us and we would be happy to provide you with the information you need.

 


Should you settle your accident claim? Talk to a personal injury lawyer first.

Personal Injury Lawyers Ottawa Ontario David Hollingsworth. I often get phone calls from people who have been in accidents and need some advice.  In some cases they have been in an accident in Ontario and have been receiving accident benefits from their insurance company and have been made an offer from their insurance adjuster.  The question most have is : Is it enough ?

All along, you may have been sorting through the paperwork on your own and speaking with the insurance adjuster regularly.  Over the course of time, relationships are developed and when it comes time to settling , it’s tough to know whether or not a settlement offer is fair. Most insurance companies are fair; however some try to settling a claim for the least amount of money possible as this is their business after all.

I would advise anyone to contact a personal injury lawyer and have them review your case before you accept any settlement offer.  Most Ottawa personal injury lawyers offer free consultations , so you have nothing to lose.  You can however gain from this free consultation.  In some cases,  people can double and triple  the amount of compensation they receive. It’s absolutely worth looking into.  It’s important that you know your potions and an experienced personal injury lawyer can help steer you in the right direction and can make sure you are receiving maximum compensation for you and your family. There are many, many expenses that are covered under your accident benefits that might surprise you.

Yes, you may want to settle your insurance claim so you can start rebuilding your life after an accident.  Getting better and rebuilding your life is your number one priority; however you might not be able to rebuild the way you want to without the proper amount of compensation.  That’s where the best personal injury lawyers can make all the difference.

If you aren’t sure whether or not to settle your claim, do yourself and your family a favour and consult with an experienced personal injury lawyer.  You owe it to yourself !

 


Ontario Police focusing on distracted driving: It’s not just cell phones !

Ottawa accident and distracted driving

For everyone’s safety, the OPP-Ontario Ontario Provincial Police are about to begin a distracted driving campaign next week. This is not the first distracted driving campaign in the Ottawa area.  Ontario Police often target distracted drivers and you wouldn’t believe the number of infractions that occur in just a one weekend blitz campaign. I support these campaigns fully.  As a Ottawa personal injury lawyer, I read police accident reports daily and the number of Ottawa area accidents caused by distracted driving is astonishing.  What bothers me most, is that these accidents are avoidable. I’m not saying I don’t understand how it happens.   I too have children that suddenly start fighting in the back seat and before I know it, my attention has been diverted from the road to them. It  happens. That is why reminders such as this post are so useful. My goal is to have us all tuck this post in the back of our minds and hopefully the next time a situation arises when we are driving, we will remember.

Ontario Police are not only focusing on distracted drivers, they are also asking drivers to leave any handheld devices out of reach while driving. Yes, put your phone away.  Don’t even have it out. Leave your phone in your purse , or even the back of the car.  If it’s too close, the fear is that you might be tempted to check that text that just came in etc.. We can’t have that ! Ontario Police are also asking that passengers to speak to their drivers if they are driving distracted. While this may be uncomfortable, it is life saving ! This is particularly important if you have teenagers or children in the car.  Please do not set a bad example.

As I mentioned earlier, distracted is not limited to texting or talking on the phone.  Although texting is the most dangerous, there are other obstacles that can divert your attention while driving. The most common are:

eating,

drinking,

watching other drivers,

focussing on kids in the backseat ,

looking in the mirror,

or personal grooming.

Please tuck this information away and hopefully we can all work together to reduce  Ottawa accidents and keep our roads safe. Drive safely and have a great day.

David Hollingsworth has been a top Ottawa Ontario personal injury lawyer for close to 15 years.  David works with an incredible team of highly skilled injury lawyers, Ontario accident benefits specialists and personal injury law clerks .

 

 


Ottawa injury lawyer David Hollingsworth shares safety tips to avoid pedestrian accidents.

Ottawa Accident Lawyer David Hollingsworth

Although it doesn’t look or feel like it, spring is officially here.  With the warm weather coming , more Ottawa pedestrians will be taking to the streets. Here are a few things you can do to keep yourself safe.

To avoid a pedestrian accident, you should…

  • always cross at crossways or traffic lights
  • be alert
  • ensure drivers see you before you cross any road;
  • only cross a road when traffic has stopped;
  • be cautious when crossing and do so promptly. Don’t waste time and make sure you get completely across before the light changes.
  • do not wear headphones to listen to music. You need to hear the sounds around you.
  • be aware of cars that may be turning and may not be able to see you;
  • as much as possible, wear bright clothing or reflective wear and make yourself as visible as possible.  Most of all, use common sense.

Accident benefits for pedestrian accidents

Did you know that pedestrians are entitled to accident benefits is they become injured as the result of a motor vehicle accident? A personal injury insurance claim is mad through the drivers insurance company and things like income replacement benefits, rehabilitation expenses, attendant care, hospital expenses, loss of education expenses, housekeeping, expenses of visitors etc.. can be covered

There are far too many Ottawa pedestrian accidents each year and sadly, most of them could be avoided.  Both motorists and pedestrians need to ensure that they are doing everything they can to keep Ottawa roads safe and accident free. David Hollingsworth and his personal injury team are top Ottawa personal injury lawyers  who dedicate themselves to ensuring that Ontario pedestrians get all the help, support and maximum compensation after an Ontario accident.

Feel free to contact our Ottawa injury law firm with any questions you may have and we would be happy to help.


We are more than just Ottawa personal injury lawyers with free consultations.

Free consultation lawyers are here for you.

As a Ottawa personal injury lawyer I often meet with people and they are suffering. Not only are they suffering physically from their accident and injuries; they are suffering financially. Often times, they have been unable to work because of their accident or have only been able to return to work part-time. One of the biggest stresses that people have is that they won’t be able to return to a quality of life they once had.  Another big stress is that they can’t afford to fight the insurance company and their insurance company isn’t giving them all the compensation they are entitled to.  These are very common, yet stressful concerns.

We are Ottawa personal injury lawyers who understand that these are some of the toughest days of your life.  We are here for you. We fund your personal injury case and will cover the costs for you. We also don’t need you to pay us until we settled your case and you get the compensation that you are entitled. Hopefully, we can alleviate the financial stress for you throughout your case so that you can focus on getting better and getting your life back.

You shouldn’t have to worry or stress about money. Being stressed also affects your mood and how well you might heal.  You need to leave that stress with us.  This is what we do.  We can come and meet with you and your family and walk you through how we can help change your life following an accident in Ontario. We not only offer FREE consultations, we will work for you for FREE and we will only get paid when you get paid.  How much do we charge?  We will meet and agree upon a % of your settlement , depending on the severity and amount of work that needs to be done.  You will find that we are quite reasonable in our fees and we are not greedy like some other personal injury lawyers can be. We are fair and we pride ourselves on being the Ottawa personal injury lawyers people know, trust and like.

You owe it to yourself to meet with us and we can lay out your best options.

 


Ontario insurance fraud affects you. Here’s how you can help…

Insurance Claims Lawyer

Did you know that the month of March has been deemed ” Fraud Prevention Month”.  I wanted to remind all  drivers that they can help to fight auto insurance fraud.
Unfortunately, people do abuse the auto insurance system and often times the insurance companies raise premiums as a result of faulty claims. There are ways to tackle this problem. It’s important to use a licensed insurance company, agent or broker when purchasing auto insurance. Go with someone you can trust. Talk or meet them first and see if you feel like it’s a good fit for you or not. The FSCO offers valuable information and a list of licensed insurance companies and agents in Ontario.  If you don’t know where to start; this is a great place. Suppose you are unfortunately in an accident. There are also steps you can also take to help avoid any insurance fraud being committed.
-Gather as much information as possible at the accident scene. If possible, take pictures.
-Get the contact information of other drivers, their drivers’ licence numbers and their licence plate numbers and insurance information. If possible, take a picture of the information they give you.
-Once your medical needs have been met, immediately file an accident report with the Police or if in a minor collision; the Collision Reporting Centre .You need to make sure that the accident has been legally reported.
-Ensure that you receive detailed repair bills and review them carefully.
If you suspect that someone is involved in insurance fraud, please report it to police. This is a problem that affects us all.
As an Ottawa personal injury lawyer, I feel very strongly about the abuse of auto insurance. There are people in accidents every day who need to be able to access much needed funds.  When insurance fraud takes place, it makes it more difficult for people to access the funds that really need it.  I also feel that auto insurance rates are so high already and we need to access even more to protect ourselves.  If the insurance companies weren’t raising the rates,more and more people could afford the much needed extra coverage. Most people feel the same as I do and the percentage of people who actually commit insurance fraud is low, I’m sure. If we could reduce it even more, that would be great.