Tag: accident claims

Bill 30: Patching Up Ontario’s Road Efficiency

Posted by Clarke Law - Personal Injury Lawyers Toronto on

Ontario’s road system has several issues that have persisted for years. Amongst these problems are inadequate driver education and inefficient accident response management systems.

Bill 30, the Highway Incident Management Act, is a private member’s bill designed to fix problems plaguing Ontario’s roads and highways after the recently passed Bill 15, aimed at reducing insurance rates, failed to do so. Bill 15 was passed with no public consultations or input from consumers.

Inadequate driver knowledge of how to behave in car collisions has contributed to accident clean-up delays and the province’s driver education system is to blame. If the Ontario Legislature passes Bill 30, the government would be required to establish an advisory committee within two months. This committee would report and advise on issues regarding public education programs to improve driver behavior in automobile accidents. Within two months of the committee issuing its advice, the Transportation as well as Community Safety and Correctional Services Ministers would have to publically recommend or decline the recommendations.

The Bill also aims to improve accident response efficiency by establishing a committee of traffic incident management experts that would advise on highway accident detection and clearing issues. The Bill also intends to organize tow truck response arrival to accidents. Currently, the tow truck response system is uncoordinated, causing hazards and road congestion as multiple tow truck drivers race to the scene of the accident, each hoping to be the first to secure the job. With the new system in place, tow trucks would adhere to an organized system that ensures qualified tow truck drivers are retained for specific types of accidents. The government ought to make sure that the two truck drivers do not abuse customers by requesting payments in cash. That has been prohibited by government bill and car owners should consider filing a complaint if their vehicle is not released to them on credit or debit card payment.

Arrive Alive. Don’t Text and Drive

Arrive Alive. Don’t Text and Drive

Posted by Clarke Law - Personal Injury Lawyers Toronto on

Many doctors at the hospital emergency departments across Ontario, have a message to the drivers: don’t text and drive, arrive alive.

The road hazard has become increasingly common with the widespread use of smart phones. Our hospitals have seen their fair share of the accidents causes by texting.

Even with new laws that have set fines for this behavior, many drivers have failed to listen and the results are evident in the emergency room. In addition to the safety hazards it poses, texting and driving can invalidate your insurance coverage in the event of an accident, leaving you personally liable for expenses and damages.

Studies have shown that five seconds of texting and driving at highway speeds is the equivalent of driving blindfolded for the distance of a football field.

Some suggestions: have a passenger take a call or send a message on your behalf. If you have the habit of checking your phone frequently, try putting it out of reach while you are in the car. If you need to take an urgent call, pull over. That may mean the difference between driving home or to the emergency room. Don’t text and drive. Be kind to yourself and others on the road.

I hear my accident lawyers using the terms “tort claims” and “accident benefit claims”. What’s the difference?

Posted by Clarke Law on with 0 Comment

Injuries can happen to anyone, and when they do it can be a nightmare for both you and your family bringing on both physical and financial hardship. Fortunately, when you enlist the help of a personal injury lawyer, they can help relieve that financial pressure by helping you apply for and collect accident claims.

When your lawyer speaks to you about accident claims they will recommend that you apply for accident benefit claims, bring a tort claims – or do both.

Accidents are just that – accidents. And as such, they do not, in most cases, fall under the Criminal Code of Canada. While crimes such as drunk driving may cause accidents, it is far more common for accidents to be caused by errors in judgement or other mistakes. The laws governing such mistakes fall into two categories.

Tort Claims

Tort claims have to do with receiving compensation from at fault parties. They are intended to help your family and loved ones through the pain and suffering that they endured as a result of the accident. Tort claims may take expenses such as health care costs into consideration, but they can also include mental anguish and stress.

Tort claims may also be made to offset expenses that were incurred as a direct result of the accident as well as to compensate the victims for lost income as well as lost ability to earn an income, or even for funding for re-training if you are unable to go back to your former employment.

If you are partly at fault for the accident you may still make a tort claim. However, to the degree that you were at fault, there will be a deductible. For example, say you were in a car accident and it was deemed that you were 20% responsible. If it is determined that your pain and suffering is worth $10,000, there will be a 20% deductible and you will receive $8,000.

Accident Benefit Claims

Accident Benefit claims may be applied for by anyone who was in the accident. It doesn’t matter who was at fault – which is why they are also called no-fault benefits. These are claims against insurance companies and their purpose is to off-set costs associated with injuries or death resulting from an accident. Among the costs that accident benefit claims can help with are treatment expenses, medical bills, income replacement, and funeral costs. These claims will be paid by your own insurance company regardless of who is at fault. Your personal injury lawyer will be able to help you through the application process.

Question: How Personal Injury Lawyer Helps with Accident Claims?

The time following a personal injury can be hectic and confusing. You will want to make sure that you receive all the benefits that you are entitled to, but it is not always easy to know which kind of accident benefits you are entitled to and how much it is possible for you to collect. Fortunately, your personal injury lawyer is an expert in these matters and has been through this with other clients many times. They will help you at each step of the process to ensure you get the accident benefits that you are entitled to.