Drivers’ Responsibilities: Right Of Way vs Exercising Proper Care and Safety

A decision by a trial court judge, which was upheld on appeal brought into sharp focus the fact that right of way rules do not in any way provide protection against liability for an accident.

The City of Ottawa was ordered to pay $2 million in damages in a 2008 crash that caused the death of three people. An OC Transpo bus on a green light had T-boned the SUV in which five youngsters were traveling. Though the SUV driver had been drinking heavily, driving erratically and running a red light, the judgment still held the bus driver responsible partially for not applying proper safety measures.

The Gardiner v MacDonald Case

Ben Gardiner and four of his friends had visited the Carleton University graduate students’ bar, another pub, and a karaoke bar prior to the accident. Mark MacDonald, the driver of the SUV in which they had been traveling was reported by eyewitnesses to have been driving erratically and running several red lights before the fatal collision which occurred at an intersection at 2 am.

The bus driver who had more than two decades’ experience was found to have been moderately over the speed limit, though he had right of way on green at that intersection. He was also found to have briefly checked his rear-view mirrors at the intersection (as the drivers’ manual in fact enjoins him to do) thus taking his attention away momentarily from the road.

Two of the passengers and the driver, MacDonald, were killed while two passengers survived. Gardiner and his family sued the city, the  pubs and MacDonald’s estate for compensation due to negligent driving. Another deceased victim’s family also sued.

Since toxicology reports confirmed that MacDonald had been drinking, his insurers declined coverage and had to pay only the minimum $200,000 which was split between the plaintiffs. Hence, though the municipality was apportioned only 20% of the fault in the accident, it was the City which had to pay the bulk of damages, as all other parties were unable to pay. This is due to the principle of joint and several liability contained in insurance regulations.

The bus driver and the city appealed, but their application was turned down and the trial judge’s decision was upheld.

Right of Way vs Safe and Alert Driving

In this particular case, the judgment was based on important factors that include:

  • Drivers with right of way must still exercise proper care and proceed only when it’s safe to do so
  • Professional drivers are to be held to a higher standard of care than the general public. The bus driver in question was a highly experienced driver.
  • The bus driver was driving above speed limit in poor weather and road conditions.
  • The speed rendered the bus driver unable to react quickly enough at the intersection.
  • Drivers with right of way may also be found partially responsible for accidents.

If you or a dear one has been injured, contact an experienced personal injury lawyer to advise and assist you with claiming the compensation you deserve. Our knowledgeable and skilled car accident lawyers can help safeguard your rights and protect your interests.

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Brampton Slip and Fall Injury Lawyers: Helping Your Cause!

Keep Your Wits About You! 

Brampton slip and fall injury lawyer Singh Barristers know from experience that people injured in slip and fall accidents often feel confused, bewildered and “zoned out.”

Even if the accident was a minor one, how you handle it and the aftermath of the accident can have a huge impact on future events.

Many of us presume that our injuries are minor. We avoid reporting the accident and neglect visiting a doctor for a general check-up afterwards.

These are two crucial factors that can decide the fate of an insurance claim: Negligence and Liability.

If your injuries turn out to be more serious at a later stage, you will find it difficult to establish that you were injured in that particular accident or even the fact that you were injured at all!

It’s wise to contact the nearest personal injury lawyer in Brampton without delay if you or  a dear one has been injured in a slip and fall accident.

Understanding Premises Liability and Insurance Laws

All property-owners have a duty to ensure that their premises are maintained in a state of reasonable safety for all legitimate visitors. However, when accidents happen, they’re usually the result of negligence or deliberate violation of safety norms.

Injured victims are entitled to claim compensation for: 

  • Loss of income/wages/earning capacity
  • Medical and rehabilitation expenses
  • Pain and suffering 

Based on the nature of injury and the circumstances of the accident, experienced Brampton slip and fall injury lawyers can help you file claims under other relevant categories.

Do’s and Dont’s 

Our 24×7 injury lawyers can advise you about the immediate steps to be taken:

Do:

  • Visit a doctor
  • Contact personal injury lawyer
  • Follow medical advice
  • Report accident
  • Take pictures
  • Get contact-details of witnesses
  • Preserve clothing/footwear/medical-bills/receipts/doctor’s notes etc 

Don’t: 

  • Confront owners/occupiers
  • Apologize/make admissions/submissions
  • Sign documents/provide authorizations without legal advice
  • Avoid posting on social media 

We Can Assist You! 

Proving negligence and establishing liability are two of the crucial aspects of achieving settlement in a personal injury claim. We help you put together a robust claim and ensure that your rights and interests are safeguarded throughout.

If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333 or Text a Personal Injury ‎Lawyer 24/7 and get instant help. (416 931 5015)

Brampton Personal Injury Lawyers: When Do You Need One?

What’s In Your Best Interest? 

Brampton personal injury lawyers Singh Barristers often meet clients who are confused about whether they really need the assistance of a personal injury lawyer or not. 

Sadly, most accidents are preventable and avoidable. They’re usually caused by someone’s fault or negligence. But the physical, financial and emotional consequences have to be borne by the victims and their families. 

If you or a dear one has been injured in a car accident or a slip and fall accident, contact the nearest personal injury lawyer in Brampton without delay. You may be entitled to compensation. 

Our experienced 24 hour injury lawyers can advise you about your rights, inform you about the merits of filing a personal injury claim and ensure that your interests are safeguarded throughout the process. 

Unlike insurance companies who have to make the settlement pay-outs, we advocate YOUR cause. 

Whatever the nature and extent of your injuries and losses, an initial, free, no-obligations consultation will help you to get more clarity in the matter. Brampton car accident lawyer and Brampton slip and fall injury lawyer work with you till full settlement is achieved. 

When Do I Need A Lawyer? 

While making claims for damages following an accident, there are a many complex medical, legal and insurance issues involved. Most people are unfamiliar with these and they may not be aware of the latest rulings, amendments, revocations etc. 

Accident claims are also governed by strict statute of limitations time-frames, filing deadlines, format requirements etc. The paperwork may be complicated and difficult to complete. Claims have to be filed in the appropriate venue and jurisdiction. Small errors could result in your claim being set aside. 

In general, it’s wise to hire a Brampton personal injury lawyer if: 

  • You have serious injuries, broken bones
  • Death occurs
  • Long-term hospitalization required
  • Medical treatment and rehabilitation costs cross a couple of 1000 dollars
  • Absence from school/work more than 3-4 days
  • Insurance company disputes claim
  • Accident occurred in a construction zone/municipal property
  • There are non-economic losses (emotional/psychological) 

We’re committed to your best interests. Don’t feel you need to handle everything on your own!

If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333 or Text a Personal Injury ‎Lawyer 24/7 and get instant help. (416 931 5015)

Brampton Car Accident Lawyers: We Represent YOU!

Accidents: Who Cries Most – Family, Friends or You? 

Brampton car accident lawyer Singh Barristers know from experience that when accidents happen, everyone is affected. There are huge physical, financial and emotional implications to such disastrous events.

The rollover crash between two cars that occurred in Brampton’s Highway 20 late in the evening on February 2, 2017 resulted in one of the cars flipping over. Police were still investigating when reports last came in.

Such accidents usually result in serious and permanent injuries for survivors.

Depending on the nature and extent of injuries, victims and their families suffer:

  • Loss of income/wages/earning capacity
  • Huge medical and rehabilitation expenses
  • Pain and suffering 

Additional costs are incurred when disability or death occur. Some injuries require long-drawn-out treatments, ongoing medication, hospitalization, surgeries and the need for a professional care-giver.

Most motor-vehicle accidents are caused by someone’s fault or negligence. Distracted or drink-impaired driver, fatigue, speeding, lack of experience, unfamiliar roads, aggressive/careless driving, failure to obey traffic-lights/signs etc are some of the common reasons why accidents happen.

All motor-vehicle drivers have a duty to follow rules, maintain safety norms and share the road responsibly with other users.

If you or a dear one has suffered injuries in a car accident, contact a Brampton car accident lawyer immediately. You may be entitled to compensation.

You Are Our Priority!

Most injured victims/families assume that insurance-companies would take care of their clients’ interests when mishaps occur.

However, they may not always act in good faith. Their priority would be to protect their own business interests.

When you contact the nearest Brampton personal injury lawyer, we  can advise you keeping your interests and rights uppermost. Compensation claims involve several complex medical/legal/insurance issues, strict filing deadlines, complicated paperwork, presenting a robust claim backed by clinching evidence to prove the liability and negligence of at-fault parties etc. We ensure that your rights are protected.

Our 24 hour injury lawyers ensure that your claim is processed in the right way, within prescribed time-limits, presented in the correct venue, format and jurisdiction. This allows you and your family to concentrate on recuperating and resuming your health and normal life as soon as possible.

If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333 or Text a Personal Injury ‎Lawyer 24/7 and get instant help. (416 931 5015)

Emotional Distress Caused by Personal Injury

When accidents happen, they result in a variety of injuries. Based on the severity of the accident, the injuries may be major or minor. But in some cases, the accident may have been minor, but the resultant injuries may be very serious. In certain catastrophic collisions, the injuries are extremely severe, and the person is disabled/disfigured, permanently disabled, or the accident could result in death.

Contact a personal injury lawyer without delay to file a personal injury claim against those responsible for the accident. Ontario laws provide statutory benefits on a no-fault basis for all injured victims of accidents in the state but sometimes, the settlement amount may not cover the costs of treatment and rehabilitation. Victims or their families can file a civil claim concurrently for compensation.

Types of Compensation

As our award winning car accident and personal injury lawyers are aware, compensation amounts are claimed under two different heads – Special and General.

Special damages include all expenditure incurred as a result of the accident that can be quantified – for instance, medical bills, treatment, ambulance-charges, therapy, also loss of income, wages, etc.

General damages are those which cannot strictly be evaluated in monetary terms – for instance, the pain and suffering that victims and families undergo, the loss of a spouse/companionship etc.

Emotional Distress

Apart from the physical injuries, accidents cause different degrees of emotional suffering. Accident victims experience post-traumatic stress disorder, phobias, anxieties, fears, sleep-disturbances, depression, suicidal tendencies, alcohol or drug dependence, etc. Social and intimate relationships may suffer irretrievable breakdown and the family-structure could collapse.

In such cases, compensation for “pain and suffering” may be awarded. The best personal injury litigation lawyers in Ontario, Canada can advise injured victims that “pain and suffering” can be one of the factors that compel the at-fault party to settle quickly and satisfactorily out-of-court, as many juries award huge amounts of compensation on this count.

Many countries, provinces, states etc have put a limit or cap on the amount of compensation awarded under the “pain and suffering” category. In Ontario, the most that can be recovered is $350,000. There are several provisions under the Insurance Act and “threshold  injury” concept that would limit the compensation awarded for pain and suffering. A top-rated accident lawyer can assist injured victims to file an appropriate claim, at the correct jurisdiction, backed by robust evidence to back it.

Negligent Infliction of Emotional Distress

In certain cases, a claim of Negligent Infliction of Emotional Distress  (NIED) can be brought against the at-fault party. This implies that the negligent person/s acted in such a way that they must compensate the injured person for the emotional or mental injury. NIED claims may be pursued independently or as part of other personal injury claims. In some cases, a bystander who is a close relative may suffer emotional distress as a result of witnessing the death or injury. It’s important to know how to select the best  personal injury lawyer who can advise clients on the type of claim to be filed.

If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333 or Text a Personal Injury ‎Lawyer 24/7 and get instant help. (416 931 5015)