Tag: accident lawyer Toronto

Bill 30: Patching Up Ontario’s Road Efficiency

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

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.

If I hire an injury lawyer, will I have to go to court?

The majority of personal injury cases in Toronto do not to go to court. In most cases, lawyers are able to obtain a settlement for the client without having to go through a long and painful trial. Settlements are agreed upon by the lawyers for each side, with the consent of their clients. Most settlements are decided before they ever get to trial, but even after a trial has begun, a settlement can be reached at any time before the verdict. Your lawyer will ensure that the settlement you agree to is fair and optimal. The sooner a settlement can be reached, the better, for both sides.

Question: How soon do I have to file my suit?

In Canada, you have until 2 years after the date of an accident to file your lawsuit. Sometimes, finding the right lawyer can be difficult. Fortunately, Clarke Law provides no-fee consultations, so you can discuss your case with them with no obligation before deciding how to proceed. Once you’ve found a lawyer, gathering evidence and putting together your suit can take some time. That is why it’s best to hire a lawyer as quickly as possible after the accident.

Your lawyer can start the process by contacting the relevant parties and lining up the witnesses for your case. The more evidence you can gather, the better the case you will have. If the other party sees you have a solid case, they will be more willing to settle out of court, rather than pay for a lengthy court battle. They will not want to see a losing verdict, so they will likely offer you a healthy sum to drop your suit. Your lawyer will advise you as to what is fair in your case, and what kind of settlement you would be best to accept.

Question: How long will the suit take?

Legal battles can take months, if not years. Insurance companies rely on individuals getting exhausted from the process, and quitting. It is important to remember that if you have a good case, you should be persistent and not lose hope. Again, your lawyer will advise you on what is best in your circumstance. More often than not, your lawyer will advise you to settle before a trial ever begins, because of how long the process can be. The sooner you can reach a settlement and receive your award, the better for you.

Question: How much will I have to pay my accident lawyer?

The amount of money you have to pay your lawyer will depend on how much you receive in award. Clarke Law works on a contingency basis, which means you do not have to provide them with a money retainer. Once your case has been settled or decided, they will receive a percentage of your winnings. This percentage will be agreed upon and put in writing at the beginning of your relationship with Clarke Law. If you do not win any awards or settlements, you are only responsible for covering the cost of disbursements (out-of-pocket expenses). They will work hard to ensure you receive the compensation you deserve for your injuries.