Blog – Neinstein Personal Injury Lawyers
Last April, we discussed situations in which governments are liable for car accident injuries. As our article emphasized, human error is the most common cause of motor vehicle accidents, but in rare cases car accident lawyers may pursue compensation from governments for negligence relating to road maintenance and design.
The article focused on Highway 3 in Essex County, Ontario. Serious accidents are common along this southern Ontario route: between 1993 and 2015, 11 fatal car accidents occurred on a single five-kilometre stretch. Road safety experts believe most of the accidents were caused by human error but exacerbated by the fact that the busy stretch has only two lanes to accommodate high volumes of traffic, per CBC Windsor. Despite understanding the safety risks associated with the route, successive provincial governments failed to consider changes.
The Province’s inaction compelled accident survivors to explore legal options. They believed the government’s unwillingness to pursue safety improvements made it liable for injuries. If the road had been widened, they said, their accidents might have been avoided or less severe.
In August 2019, the provincial government finally announced plans to widen Highway 3 between Essex and Leamington. The news was applauded by Ontario car accident lawyers, even if work won’t begin for several years.
“Widening and improving safety on Highway 3 is a priority for this government,” said Transportation Minister Caroline Mulroney at the announcement. “From day one we have been committed to improving road safety and making life easier for families and businesses by delivering on transportation projects in every corner of the province.”
There are a number of hurdles the government must clear prior to construction, including land acquisitions, engineering studies, and environmental assessments. However, the Transportation Minister’s announcement is seen as an important first step towards safer roads in southern Ontario.
“The best time to have done this would have [been] five to 10 years ago,” one car accident lawyer told CBC News Windsor. “The next best time to do it is today.”
Contact an Experienced Car Accident Lawyer
If you or a member of your family has been involved in a serious motor vehicle accident, contact Neinstein Personal Injury Lawyers today to arrange a free, no-obligation consultation. Our experienced team of car accident lawyers can help you understand your legal options and provide representation if you choose to pursue a claim. Our team also works on a contingency basis to ensure that all Ontarians have equal access to justice.
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Yet another cluster of car accidents involving vulnerable road users rocked Toronto last week and reignited the conversation around road safety. On July 30 alone, a 50-year-old man was seriously injured by an impaired driver in the downtown core and three pedestrians were struck by vehicles in under two hours in the city’s north end. For Toronto’s car accident lawyers, these events have become depressingly commonplace – but hope may be in sight.
Vision Zero 2.0
City Council unveiled a revamped “Vision Zero 2.0” road safety plan in July. The strategy includes several measures endorsed by road safety experts, including creating more mid-block crosswalks, installing more red-light cameras, installing a photo radar system to catch speeders, redesigning certain roads, and lowering speed limits on several arterial routes.
However, critics believe the city’s plan doesn’t go far enough. Speed limit reductions have wide support among road safety advocates, but their target is a city-wide 30 km/h limit. Vision Zero 2.0 will lower limits to 40 or 50 km/h.
“We’re maintaining fatal speed limits,” Friends and Families for Safe Streets spokesperson Jess Spieker told the CBC. “When you’re struck by a driver at 50 kilometres, that’s an 85 per cent risk of death.”
New Bike Lanes
The city also announced a new bike lane strategy last month that includes extending the Bloor Street West bike lanes from Shaw Street to High Park, launching a pilot project for bike lanes on The Danforth, and considering bike lanes on bustling University Avenue. A proposal to reinstall bike lanes on Jarvis Street was denied.
The plan received wide support in City Council, including from suburban councilors who generally vote against downtown bike lanes. It even earned praise from cycling advocates. Cycle Toronto executive director Jared Kolb called the strategy “a major milestone in resetting the Toronto cycling network,” according to the Toronto Star.
Cycling lanes, especially those that separate cyclists from motorists via a physical barrier, are proven to reduce serious injuries and fatalities among vulnerable road users. For this reason, they enjoy wide support among safety activists and car accident lawyers, despite occasionally contributing to longer commutes.
The stated goal of Toronto’s original Vision Zero strategy was to eliminate traffic deaths and serious injuries by 2021. Three years later, serious accidents involving vulnerable road users have actually increased. But by approving a revamped road safety strategy and new bike lane plan, City Council has shown that it is serious about reducing injuries on the street – even if it can’t always agree on how.
If you’ve been injured in a Toronto traffic accident, contact Neinstein Personal Injury Lawyers today to arrange a free, no-obligation consultation. Our experienced team of accident lawyers will assess the viability of your case and provide advice and guidance as you advance your claim.
Slip and fall lawyers tend to worry that people underestimate the potential severity of slip and fall accidents. Although most falls are fairly innocuous, particularly among healthy young people, they are still a common source of serious injuries and hospitalizations, especially among Canadian senior citizens.
Recently published research from the Canadian Institute for Health Information (CIHI) shows that 81 per cent of the roughly 138,000 seniors who were admitted to hospital between April 2017 to March 2018 were injured in falls. The fact that seniors accounted for more than half (51 per cent) of all hospitalizations in the country during that period means that slip and fall events caused a significant percentage of Canadian hospital stays. At a time when hospital overcrowding is a hot-button issue across the country, slip and falls should not be dismissed as harmless events.
“We do have an aging population, so we really wanted to focus on what’s happening to our seniors,” explained CIHI manager of clinical administrative databases operations, Nicholas Gnidzieiko, to CBC Health.
Hip fractures and concussions are the two most common direct injuries from falls, but seniors are also susceptible to a slew of complications, as slip and fall lawyers understand.
“Falls are the scourge of growing older,” said Geoff Fernie, falls prevention officer for the University Health Network and Toronto Rehabilitation Institute. “If you get older and you get admitted to hospital, it doesn’t take long before you can’t get up. You don’t have the strength, you don’t have the muscle mass. You also become depressed and isolated, and your gut stops working.”
So, what can seniors do reduce their risk of falling? Fernie provided the following helpful advice to the CBC:
- Always wear shoes or boots with proper traction during bad weather
- Consider wearing running shoes rather than socks or stockings on tile or wood surfaces in your house
- Install bannisters on both sides of stairways in your house
- Use handrails whenever they are available
- Focus on lifting your feet rather than shuffling them when walking
Fernie also suggests taking a falls prevention class, which are available across Ontario. These classes focus on improving strength and balance, stair safety, healthy eating, confidence, and how to recover from a fall.
If you or someone you know has been injury in a slip and fall accident, contact Neinstein Personal Injury Lawyers to arrange a free, no-obligation consultation. Our experienced team of slip and fall lawyers can help you understand your rights, assess your legal options, and proceed with a claim if necessary.
Road safety continues to be a major concern for car accident lawyers in the Greater Toronto Area (GTA), as governments fail to implement effective measures to decrease serious injuries and deaths. The failures of the City of Toronto’s Vision Zero initiative are well-documented (experts are unconvinced that Vision Zero 2.0 will be more effective), and in York Region collisions with pedestrians and cyclists have spiked since 2008.
That’s according to the recently-released York Region Pedestrian and Cyclist Safety Study, conducted by EXP Services Inc. on behalf of the municipality. The report shows that pedestrian and cyclist collisions in the region jumped from 196 in 2008 to 290 in 2016, before falling to 243 in 2017.
These figures take into account only accidents on regional roads, which means they do not reflect the full scope of the issue. For example, 52 pedestrians and 32 cyclists were hit by cars on Markham regional roads between 2015 and 2017, but closer to 90 pedestrians and 60 cyclists were struck in the city as a whole, according to Markham’s Cycling and Pedestrian Advisory Committee vice-chair Peter Miasek.
“That’s basically a collision involving a vulnerable user every second day in Markham,” Miasek told the Toronto Star.
The report showed that most collisions occur in urban areas, especially around intersections with traffic lights. It also found that “inattentiveness of drivers” is a growing risk factor, and that young adults and senior citizens are most likely to be struck by cars.
These are familiar trends for car accident lawyers, who work with injury victims to access compensation through insurance claims or civil lawsuits. They are also familiar to road safety experts who have grown weary of stubborn trends in Ontario.
“The trend does not have to continue,” Miasek told the Star. “Countries in Europe like the Netherlands have much higher share of active transportation, yet have a low collision and injury rate due to better infrastructure.”
Toronto’s new Vision Zero plan will seek to improve some of these infrastructure deficits, as will a York Region pilot project aimed at improving safety at key intersections in Richmond Hill, Thornhill, and Vaughan. But as Cycle Newmarket member and cycling accident survivor Stephen Harper told the Star, sustainable road safety improvements will require drivers to rethink their responsibilities on the road.
“The amount that a cyclist’s damage can do on an automobile is minimal but the amount of damage a motorist can do – I know, I’ve lived through it – to a cyclist is immense,” he said. “It’s about sharing the road. A lot of people don’t get the sharing-the-road concept.”
If you or someone you know has been injured in a collision, contact Neinstein Personal Injury Lawyers today to arrange a free, no-obligation consultation. Our team of experienced car accident lawyers can help you understand your options and provide a path to compensation for your injuries.
Image Copyright Queen’s Printer for Ontario, photo source: Ontario Growth Secretariat, Ministry of Municipal Affairs
Over the past several decades, road safety activists, law enforcement officials, car accident lawyers, and other stakeholders have done an excellent job stigmatizing certain behind-the-wheel activities. Drunk driving is the classic example – it’s still a major problem on Canadian roads, but as it has become less socially acceptable fatality rates have fallen. Using a smartphone while driving is the new public enemy #1, alongside stoned driving in the wake of marijuana legalization.
Far less attention is paid to ‘drowsy driving,’ the act of getting behind the wheel while significantly fatigued. We’ve all done it, yet research suggests it’s just as dangerous as driving while under the influence. According to the Transport Accident Commission (TAC) in the State of Victoria, Australia, drowsy driving is a suspected factor in more than 20 per cent of traffic fatalities. Being awake 17 hours, says TAC’s official drowsy driving page, has the same effect on your driving as a blood-alcohol concentration (BAC) of 0.05; being awake 24 hours has the same effect as a BAC of 0.1, which is well over Ontario’s legal limit.
Drowsy driving causes slower reaction times, lack of concentration, difficulty calculating speed and distance, poor judgement, and the possibility of falling asleep at the wheel, which can have devastating consequences as car accident lawyers well know. The symptoms are all amplified when they occur in the drivers who are most susceptible to them: commercial truck and bus operators.
Last month, federal transportation minister Marc Garneau announced upcoming regulations to reduce fatigue among drivers of large commercial vehicles. The new rules, which will come into effect in June 2021, require federally regulated operators to install electronic logging devices in their vehicles’ engines. The devices will track how long drivers have been behind the wheel and ensure they comply with existing standards.
“In doing this, we are looking to reduce truck and bus crashes due to fatigue,” Garneau said at a press event, according to the CBC. “These devises will help to ensure that commercial drivers drive within their limit and accurately log their working hours.”
Today, drivers are required to track their time behind the wheel in manual log books, which can be easily manipulated. Trucking industry representatives believe the new electronic devices will put all operators on a level playing field.
“Third-party certified electronic logging devises will ensure that everyone follows the same rules,” said Canadian Trucking Alliance President Stephen Laskowski. “And if we follow the rules, the highways will be safer.”
Alongside improvements in drunk driving rates and ongoing efforts to curb distracted driving, the upcoming drowsy driving regulations may pave the way for a safer future on Canadian roads.
If you or a member of your family has been injured in a motor vehicle accident, contact Neinstein Personal Injury Lawyers to schedule a free, no-obligation consultation. Our experienced team of car accident lawyers can provide guidance, advice and representation as you pursue compensation.
At Neinstein Personal Injury Lawyers, we believe every injured Ontarian deserves access to justice, including a chance at fair and reasonable compensation. This includes low-income Ontarians who, according to two recent studies, are at higher risk of being struck by vehicles than their wealthier neighbours.
The first study, conducted by the Hospital for Sick Children (SickKids), found that while motor vehicle collisions involving children declined overall in Ontario from 2008 to 2015, the improvement was centralized in high-income neighbourhoods. Here are a few interesting – and troubling – findings from the report:
- Emergency room visits related to children being struck by cars decreased 18 per cent, from 1,562 in 2008 to 1,281 in 2015.
- Emergency room visits related to children being struck by cars decreased 22 per cent in high-income areas.
- Emergency room visits related to children being struck by cars increased 14 per cent in low-income areas.
- Children in the highest-income areas of the province visited the emergency department after being struck by cars at a 48 per cent lower rate than children in the lowest-income areas.
“Simply put, poorer children are at an increased risk of getting hit by cars,” the study’s lead author, Dr. Linda Rothman, said in a release. “Child pedestrian injury is a public health and health equity issue. Although progress has been made in reducing preventable pedestrian-motor vehicle collisions, more work remains to be done. Our streets should be safe for all children to walk to school, to the playground or to the park.”
More recently, a thorough CBC analysis of 11 years of Toronto police data found that ‘nearly 50 per cent more of the collisions in which pedestrians were either killed or seriously injured happened in the city’s poorest neighbourhoods, compared to the more affluent parts – based on median household income.’ The study also found that the discrepancy widened when vulnerable populations such as youths under 20 and seniors were considered.
For the personal injury lawyers at Neinstein, studies like these confirm the importance of access to justice measures like contingency fees and free, no-obligation consultations. Low-income Ontarians deserve equal representation in the civil justice system, and Neinstein is committed to providing that representation for people in need.
If you or a member of your family has been injured in a motor vehicle accident, contact Neinstein Personal Injury Lawyers today to learn how our team of experienced car accident lawyers can help. We can be reached at (416) 920-4242, by email at firstname.lastname@example.org, through the free consultation form on our Contact Us page, or via the Live Chat box in the lower right-hand corner of this page.
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Bicycling has never been more popular in Canada. It is a healthy pastime and an efficient alternative to driving in crowded city centres. The growth of bicycle-sharing programs has helped to make cycling more accessible than ever. Of course, bicycling isn’t without risks. Fun and healthy though it may be, dozens of Canadians are seriously hurt or killed in bicycle accidents each year.
A team of Western University researchers recently determined that 131 cyclists were killed in Ontario between 2010 and 2015. Nearly half of the deaths involved collisions with motor vehicles. With roughly 600,000 cyclists on Ontario’s roads each day, according to Share the Road, cycling advocacy groups are lobbying for better infrastructure to improve safety.
Of course, no amount of infrastructure improvements will eliminate bicycle accidents altogether. Cyclists are vulnerable road users and will always be at risk. If you have been involved in a bicycle accident, here are a few things to keep in mind.
Contact the police. Cycling accidents involving cars or trucks should be treated the same as any other motor vehicle accident. Your first step should be to call 911 to report the collision. Both parties should remain at the scene until police arrive and conduct initial interviews. If you believe that you have been seriously injured, request an ambulance as well.
Gather information. Gather as much information as you can immediately following the bicycle accident. This might include insurance, contact, and vehicle information from the person who has struck you; contact information from witnesses who may have seen what happened; and evidence from the scene including pictures and videos.
Visit the doctor. When a person suffers serious injuries in a bicycle accident, they will be immediately transported to an emergency department. Even if your injuries don’t require a stay in the hospital, however, it’s wise to visit your family doctor to discuss your symptoms. Injuries that appear minor at first can worsen with time and may have a serious impact on your quality of life. If you choose to pursue a personal injury claim, your doctor’s expert opinion can help confirm your injuries.
Consider a personal injury lawsuit. If you or a member of your family have been seriously injured in a bicycle accident, you may want to consider a personal injury lawsuit. Compensation through a personal injury claim can help cover expenses connected to your injury, including the cost for rehabilitation, medical care, home care, and home renovations, among others. A personal injury claim can also address damages such as pain and suffering and loss of quality of life.
Staying Safe on the Roads
While a personal injury lawyer can help you recover compensation for bicycle accident injuries, the better option is to avoid an accident altogether. This can generally be achieved by following some simple, practical safe cycling rules.
Inspect your bicycle before each ride. Make sure your tires are pumped, your brakes are working, and your chain is intact. A malfunction can ruin a bike ride before it begins.
If this is your first ride of the season, consider adjusting the fit of your bicycle. Riding a bike that’s too small or too large can affect steering and control. Raise or lower the seat and handlebars as necessary.
Equip yourself with protective gear, including lights, reflectors, a bell and, most importantly, a properly-fitted helmet.
Lights and reflectors are absolute essentials to safe riding when the sun goes down. Even on well-lit downtown streets, it can be difficult for drivers to spot cyclists in reduced visibility. Flashing lights on your seat and handlebars will ensure you’re noticed, as will reflectors on your wheels and pedals. Consider also wearing bright, reflective clothing for maximum safety.
A bell is necessary for riding at any time of day. Use it to alert cars and pedestrians of your presence. It can be especially useful on streets with curbside parking – nobody wants to be ‘doored’ by a driver exiting their vehicle.
Your helmet is the most important piece of safety equipment you own. While it’s not illegal for Canadian adults to ride without a helmet, it is strongly inadvisable. A helmet can be the difference between a minor spill and a life-changing injury.
Drive defensively. Cyclists and motor vehicle drivers have equal rights to the road. Unfortunately, when a driver and cyclist collide, the cyclist is invariably more vulnerable to injury. For this reason, it is critical that cyclists obey the rules of the road to the letter: stop at every stop sign and traffic signal; control your speed and avoid weaving in and out of traffic or quickly changing lanes; use hand signals before making turns. When possible, make eye contact with drivers in your vicinity before manoeuvring around them – you want to be as predictable as possible on the road.
Expect the unexpected. A lot can happen on the busy streets of Toronto or Ottawa. From pedestrians darting onto the road to drivers making split-second decisions to stop or turn, you should stay alert and wary at all times. Potholes and debris like glass or loose gravel are also common causes of bicycle accidents, so keep an eye out for them.
Contact Neinstein Personal Injury Lawyers
If you or a member of your family has been injured in a bicycle accident, contact Neinstein Personal Injury Lawyers to arrange a free, no-obligation consultation with a member of our experienced team. We can assess the viability of your claim, provide guidance and advice as you consider your legal options, and offer strong representation if you choose to pursue compensation. Call us today at (416) 920-4242, reach us by email at email@example.com, or submit a consultation request form on our Contact Us page. Your recovery starts with Neinstein.
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On May 10, the Government of Ontario introduced “new ways to improve traffic flow and safety” on highways by testing higher speed limits on three sections of provincial roads. The experiment will determine whether the government moves forward with its plan to raise limits on highways around the province, a plan that has been met with concern by some personal injury lawyers.
The pilot program will affect Highway 401 from London to Sarnia; the Queen Elizabeth Way (QEW) from St. Catharines to Hamilton; and Highway 417 from Ottawa’s Gloucester neighbourhood to the border with Quebec, according to a provincial release.
“Safety is the government’s number one priority and each pilot location was carefully chosen based on a number of factors, including its ability to accommodate higher speed limits,” transportation minister Jeff Yurek said in the release.
Today, Ontario’s 400-series highways have a uniform speed limit of 100 km/h. Other provincial highways have posted speed limits between 80 and 90 km/h. The original speed limit on 400-series highways was 70 miles per hour, or 113 km/h, but it was reduced amid the 1970s OPEC fuel embargo.
Some transportation experts believe the time is right to reinstate higher speed limits. Baher Abdulhai of the University of Toronto’s Transportation Research Institute told the CBC that 120 km/h is already the “de factor speed limit” on highways in the Greater Toronto Area. Others point to roadways with higher speed limits in the United States and Europe as examples of success.
But other experts – including some personal injury lawyers – worry higher speed limits will cause an increase in serious accidents and perhaps more fatalities. McMaster University transportation engineering professor Mohamed Hussein told the CBC that “most research shows that if you are involved within a collision and you are driving more than 120 km/h, your chances to survive are almost zero.”
This research is supported by the results of a 2014 pilot project in British Columbia that saw the province increase speed limits to 120 km/h on several sections of highway. The project was rolled back after a sharp spike in serious collisions on several routes.
Regardless of posted limits, motor vehicle accidents involving excess speeds are more likely to result in fatalities. Vision Zero advocates are pushing for steep reductions of inner-city speed limits for precisely this reason.
If you or a member of your family has been injured in a motor vehicle accident, contact Neinstein Personal Injury Lawyers today to arrange a free, no-obligation consultation with an experienced car accident lawyer. Our team will manage your legal requirements while you focus on your recovery.
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Car accidents are the leading cause of fatal and traumatic brain injuries among 15- to 34-year-olds in the United States, according to a 2013 report from the Center for Disease Control and Prevention. Brain injuries from car accidents are similarly prevalent in Canada, as any Ontario car accident lawyer can attest. But a new method developed by researchers at the University of Arizona may be able to reduce fatalities by predicting which car accidents cause brain injuries.
The technique, outlined in the journal Computer Methods in Biomechanics and Biomedical Engineering, fuses experimental and computational approaches to brain injury research. Its developers believe it may lead to earlier diagnosis and treatment, which improves outcomes.
Samy Missoum, an aerospace and mechanical engineering professor and director of the Computational Design Optimization of Engineering Systems (CODES) Laboratory, and graduate student Seyed Saeed Ahmadisoleymani used experimental data to simulate the movement of crash test dummies during collisions. They then applied that data to a computer model of the brain to form. The experiment forms the basis of a method to eventually ‘calculate the probability of TBI after a car crash,’ per Science Daily. The method can even account for critical pieces of missing data, including collision speed, impact angle, and information about the injury victim’s brain.
“From a scientific point of view, the novelty here is how we’re combining computational data and experimental data, while also accounting for several sources of uncertainty,” Missoum told Science Daily. “From a practical point of view, the method provides a tool to determine the probability of TBI.”
Missoum envisions his method being used in accident scene tools by first responders.
“Let’s say a paramedic arrives at the scene of a car accident,” he said. “They could input the information into a tool and say, ‘Okay, based on the characteristics of this accident, this person is going to have a 70 to 80 per cent probability of severe traumatic brain injury.”
The method, which is still in its infancy, may also be useful from a legal perspective. The earlier a brain injury victim is diagnosed, the earlier his or her family can reach out to a car accident lawyer to initiate the necessary legal processes.
If you or a member of your family have experienced a serious injury in a traffic collision, contact Neinstein Personal Injury Lawyers to arrange a free, no-obligation consultation with an experienced car accident lawyer today. Our team can help you understand your legal options and decide on the best possible path towards recovery.
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In some respects, Canadian roads have never been safer. Motor vehicle fatalities per 100,000 people and per billion kilometres travelled reached all-time lows in 2017, the last year for which Transport Canada provides data. Fatalities dropped from 1,895 in 2016 to 1,841, a 2.8 per cent decrease, and serious injuries fell from 10,760 in 2016 to 9,960, a 7.4 per cent decrease.
And yet, despite positive trends, any personal injury lawyer will tell you that road safety remains a major concern in our country. Too many motorists, cyclists, and pedestrians continue to die or suffer catastrophic injuries in accidents on Canadian roads, accidents which are overwhelmingly caused by human error.
Here are a few of the main causes of motor vehicle accidents in Canada:
Drunk driving rates have consistently fallen over the past several decades in Canada, but impaired driving remains a serious safety risk. Even as anti-impaired driving laws become harsher and stigma around impaired driving grows, drugs and alcohol remain a common cause of serious accidents. As every personal injury lawyer knows, marijuana legalization has complicated this already fraught subject.
Distracted driving today shares many characteristics with drunk driving several years ago: it is pervasive, extremely dangerous, and rarely taken seriously enough. Though law enforcement agencies and different levels of government have recently launched awareness campaigns addressing smartphone use behind the wheel, distracted driving is too often thought of as a technology problem. In reality, distraction can come in many forms, including passengers in the vehicle, navigation and entertainment systems, and scenery. What’s important is to remain focused on the road at all times.
Aggressive and Dangerous Driving
Speeding, the most common form of dangerous driving, is involved in roughly 27 per cent of fatal crashes and 19 per cent of crashes causing serious injuries. Speed kills, which is why road safety programs like Vision Zero support enacting blanket speed limits in downtown cores.
Other forms of dangerous or aggressive driving include running red lights or ignoring traffic signs; tailgating; weaving in and out of traffic; and disregarding crosswalks.
We’ve all been there: you’re driving home from a long day at the office; it’s cold and dark outside but warm in your vehicle; talk radio drones through the sound system; suddenly, you find yourself struggling to keep your eyes open. Driver fatigue is one of the most common causes of serious accidents on Canadian roads. Tired drivers are more likely to drift between lanes, fluctuate their speeds, and be irritable towards fellow motorists. Much like impaired drivers, fatigued drivers have slower response times and worse judgement than their sober, alert counterparts. If you find yourself nodding off, find a safe place to pull off the road and take a quick nap.
Contact a Personal Injury Lawyer
If you or someone you know has been injured in a car accident, contact Neinstein Personal Injury Lawyers today to learn how we can help. Our experienced team can help you access compensation to fund your recovery.
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