Tag: accident lawyers 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.

How long will it take an injury lawyer to settle my case?

A common question that accident lawyers hear is “how long will it take to settle my case?” When you are dealing with a serious injury, it can cause a great deal of financial hardship. The combination of lost income due to missed work along with medical and other expenses can be extremely challenging – especially when you are already dealing with physical pain and the process of recovery and rehabilitation. Naturally, clients want to see compensation as soon as possible.

While accident lawyers also prefer to see their clients get compensated quickly, this is rarely the case. On average, it will take anywhere between two to four years before a case is settled. In some cases, this happens more quickly and in other cases, it can take longer.

 

Question: Why Can’t My Case Be Settled Sooner?

When it comes to personal injuries, there are a lot of unknowns at the beginning. Often times the full extent of the injury and what impact it will have on a client’s life is unclear in the days, weeks and months following the accident. The financial impact of your injury may not be predictable at the start – and we don’t recommend settlement until it is.

We do not recommend settlement negotiations until all reasonable treatment options have been exhausted and the “maximum medical recovery” period has been reached. This usually takes at least two years.

Once the maximum medical recovery period has been reached, your doctor will be able to confirm that they do not expect a significant amount of further recovery. At this point, your lawyer can start calculating reasonable compensation amounts for things such as pain and suffering, as well as estimates of future income loss and future cost of care.

While it may seem like a long time for your case to continue, this is the only way for your lawyer to properly calculate an appropriate amount of compensation and ensure that you don’t miss out on much needed funds.

Reasons Why a Case May Be Delayed

Ensuring proper due diligence during a personal injury case may cause a case to take more time than the client would like. There are however, also a number of other reasons why a case might be delayed.

Here are a few of those reasons:

  • How much cooperation your lawyer receives from others involved in the case. This includes doctors and other health care providers as well as insurance adjusters and their lawyers.
  • How quickly your lawyer is able to obtain necessary documents from your doctor, the hospital and other institutions.
  • The time required to arrange assessments and then get the reports from those assessments.
  • Whether or not the insurance adjuster and the defence lawyer are willing to go participate in mediation
  • Scheduling a pre-trial or trial

Personal injuries can be complex and it can take time before your lawyer can determine an appropriate amount of compensation. But it is time well spent to ensure that you get everything that you are entitled to.