These Boots Are Made For Walkin’: Slip Resistant Footwear For Toronto’s Icy Winters!

Brampton personal injury lawyers know from experience that slip and fall injuries on icy surfaces can result in a variety of injuries. Ranging from simple cuts, bruises and sprains, people can suffer traumatic brain injury, skull/spine/neck fractures, serious facial and dental damage, internal bleeding, impact and crush injuries, broken bones and more.

Most of these accidents are not accidental. They’re caused by someone else’s fault or negligence. Though these mishaps occur in a split-second, their effects can often last an entire lifetime. They impose enormous physical, financial and emotional burdens on not just the injured person, but often on the entire family.

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If you or a dear one has been injured in a slip and fall accident, contact an experienced personal injury lawyer with expertise and knowledge in dealing with similar cases.  You may be entitled to compensation but there are several complex medical, legal and insurance issues involved that are difficult to understand and deal with.

Falls May Cause Serious Injuries

Falls are the staple stuff of comedy in films and theater but in reality, they’re nothing to laugh about. WHO facts and figures reveal that more than 400,000 people die from falls globally. Older people are the demographic at highest risk and a fall is often fatal at this stage in their lives. Pregnant women are another high risk group because the fall can not only cause serious damage to the mother but also to the unborn child.

Who’s Liable?

In general, under the Occupier’s Liability Act, it is the owner’s responsibility to ensure that premises owned/occupied by them or their authorized agents are kept in a condition of reasonable safety for all those who visit for a legitimate purpose.

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In some cases, certain actions by the injured person may also have contributed to the injuries. A thorough investigation of the case and presentation of the facts will establish the proportion of liability on both sides. Our Brampton slip and fall injury lawyers can conduct independent investigations into the case. This will assist you to put together a robust claim for compensation.

Slip Resistant Footwear

Given the length and intensity of Toronto winters, researches have been working tirelessly to come up with long-term solutions to prevent falls on icy sidewalks, entrances and exits to buildings, driveways, etc.

A recent study conducted by the iDAPT team at the Toronto Rehabilitation Institute-University Health Network tested 98 pairs of non-slip winter footwear available currently in the market. They found that just 8% of these boots met minimum slip resistance standards.

New materials like thermoplastic polyurethane or TPU help to grip icy surfaces and increase traction. Such materials are being tested in labs where conditions are simulated to replicate Canada’s harsh winters, complete with ice, slush, wind, driving rain, hail, heavy snow etc.

One of the issues with slip resistant footwear is that it becomes less effective over time. Slip resistant boots and shoes rarely last for more than one or two winters. Because they’re expensive, people rarely replace them when they show early signs of wear, thus increasing the risks of falling.

Our slip and fall injury lawyers can ensure that your rights are protected and interests safeguarded while we help you get the compensation you deserve.

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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.

Toronto Car Accident Lawyers: Cyclist–Motor-vehicle Collisions

Cyclists Are Vulnerable! 

Toronto personal injury lawyers Singh Barristers handle cases where bicyclists have been seriously injured in collisions with motor-vehicles.

A 1999 study showed that nearly 48% of Torontonians were cyclists, while more than 55% owned bicycles. Nearly 20% of the city’s population were utilitarian cyclists. They used their bicycles to commute to work/school, for shopping, traveling, visiting, doing errands etc.

Keeping this in mind, cycle transportation has been officially covered under the Ontario Highway Traffic Act. Toronto also has a Toronto Bike Plan to create infrastructure for this increasing population. Cyclists are duty bound to obey all traffic rules, signaling, staying on designated paths and areas, etc.

When bicycles and motor-vehicles collide, it’s the cyclist who is more vulnerable, being completely exposed to the forces of impact, even though they may wear protective gear like helmets, knee/elbow protection etc.

However, accidents can and do happen, most of them caused by someone’s fault or negligence. If you or a dear one has been injured in a cycle-motor-vehicle collision, contact the nearest personal injury lawyer in Toronto. You may be entitled to compensation.

Compensation Information

Consult experienced Toronto car accident lawyer with specific experience in successfully dealing with similar cases. They should be familiar with cycling laws/insurance regulations, current rulings/amendments/relevant changes to the Traffic/Insurance Acts, medical issues etc.

Each accident is unique and the circumstances surrounding each are highly individualistic. Compensation is available to injured parties from:

  • Insurance of car/cars involved in the crash
  • Cyclist’s own car insurance
  • Cyclist’s spouse’s car insurance
  • Car insurance of someone cyclist was dependent on
  • Ontario Accident Benefits Claims Fund 

Injured victims can also sue the negligent driver for monetary compensation.

Important Legal Aspects 

No-fault benefits are available to all those injured, regardless of fault, in automobile accidents in Ontario.

Auto insurance is mandatory in Ontario. Damages are available upto the policy limits. Experienced Toronto personal injury lawyers can advise you that cyclists are considered as “pedestrians” under the Highway Traffic Act. There is a “reverse onus” on car drivers to prove that the accident did not occur due to their fault/negligence.

We ensure that your rights are protected, help you get the compensation you deserve and your life back on track. 

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)

Toronto Car Accident Lawyers: Know Your Rights!

“The Best Drivers Are Aware That They Must Beware!” – Saftey Slogan 

Toronto personal injury lawyers Singh Barristers regularly handle cases where devastating collisions have resulted in serious injuries to innocent victims.

Most accidents are preventable, avoidable. Investigations can reveal that they’re caused by someone’s fault or negligence.

The horrific 30-vehicle crash on Highway 401, near Kingston on March 14, 2017 is a case in point. The collision resulted in the death of at least one person and left dozens of others seriously injured. It also caused a hazardous chemical spill that puts hundreds of others at risk. The hazardous chemical was identified as fluorosilicic acid that causes irritation, swelling and inflammation to eyes, respiratory system and skin.

Such accidents result in enormous physical, financial and emotional burdens to injured victims and their families.

Those responsible for the accident have to be held liable and compensate victims for injuries sustained as a result of the accident.

Under Ontario laws, all those injured in motor-vehicle accidents are entitled to claim statutory benefits payable by their own insurance-companies, regardless of fault.

Additionally, injured victims are entitled to seek compensation via a personal injury claim.

Contact the nearest personal injury lawyer in Toronto if you or a dear one has been injured in such an accident. We can advise, assist and advocate for you.

Unsure of The Next Step?

In the period following a serious motor-vehicle accident, injured victims and their families experience confusion, anxiety, pain, fear and a host of other debilitating emotions. They may find it difficult to meet medical and rehabilitation expenses.

If the injured person is unable to work, this means a loss of income/wages. Household expenses are difficult to meet. Time and effort are required to care for the injured person.

We:

  • Help you get top-quality diagnosis/treatment/medication/ rehabilitation/care.
  • Deal with the complicated paperwork, meet filing deadlines
  • Unravel the complex medical, legal and insurance issues involved.
  • Safeguard your rights
  • Deal with insurance-companies
  • Present a robust claim backed by relevant evidence
  • Represent you in all forums
  • Help you get the deserved compensation.

Our experienced Toronto car accident lawyer can help you deal with all these problems and more.

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)