Car Accidents Archives - Page 4 of 5

Recent changes to Catastrophic Impairment may affect your Claim

Posted on July 20, 2016 (June 16, 2023) by Kotak Law

For the purpose of eligibility for ‘no fault’ accident benefits, someone injured in a motor vehicle accident is categorized as either having minor injuries, non-minor injuries, or a catastrophic impairment. This designation is particularly important for seriously injured accident victims because the cost of assistive devices, attendant care, home modifications and so on can be ...

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See how June 1st Changes to Statutory Accident Benefits may impact you

Posted on July 5, 2016 (June 16, 2023) by Kotak Law

Anyone in Ontario who is injured in a motor vehicle accident may file for statutory accident benefits under their vehicle insurance policy or under the policy of the driver involved in the collision. This provision is available whether you are a driver, passenger, pedestrian, cyclist or ATV rider, and applies equally to accident victims as ...

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Filing a Cycling Injury Accident Claim

Posted on June 22, 2016 (June 16, 2023) by Kotak Law

When weather permits, millions of Canadians ride their bikes to work or for recreation. Some do it for exercise or enjoyment, others for environmental reasons and some cycle as an alternative to traveling by car. Whatever the reason, cycling is a common activity in Ontario, particularly in urban centres and recreational areas that have designated ...

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Liability for Drinking Establishments that over-serve Impaired Patrons

Posted on June 1, 2016 (June 16, 2023) by Kotak Law

A commercial or social host who serves alcohol or any substance that can impair their customers’ or guests’ ability to act in a safe manner can be held responsible if someone comes to harm after consuming alcohol or drugs in their business or home. The majority of liability claims in Ontario involve commercial establishments, such ...

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Minor Accidents may result in Serious Injury

Posted on May 16, 2016 (June 16, 2023) by Kotak Law

In September 2011, a 52 year old woman suffered seemingly minor injuries in a low-velocity collision, when she was a passenger in a car that was rear ended while stopped at an intersection. The woman experienced headaches and dizziness immediately after the accident, and then neck and back pain in the days following. She returned ...

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Orthopaedic Injuries – Causes and Types

Posted on May 4, 2016 (June 16, 2023) by Kotak Law

In September 1996, Andrea McIntyre, then a first year student at McMaster University, was struck and injured by a car driven by an impaired driver. The young woman suffered numerous physical injuries, including several orthopaedic injuries, as a result of the accident. More than six years after the incident, Ms. McIntyre was still suffering from ...

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Whiplash Injury Symptoms

Posted on April 11, 2016 (June 16, 2023) by Kotak Law

Whiplash is a common injury that generally results from a sudden and forceful rear impact, most often the result of a rear-end collision. When a vehicle is hit from behind, the vehicle occupant’s neck and head are rapidly hyperextended backwards while their body is pushed forwards. The whip-like motion associated with an abrupt acceleration and ...

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Driver liability in a rear end collision

Posted on March 18, 2016 (June 16, 2023) by Kotak Law

Rear-end collisions are somewhat unique in terms of fault determination. Ontario courts assign 100 per cent fault to the rear driver in almost all negligence lawsuits. This means that if you were seriously injured in a rear end collision, you likely have an excellent case for a finding of negligence on behalf of the other ...

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Drivers are Liable for Car Accidents caused by Distraction

Posted on February 24, 2016 (June 16, 2023) by Kotak Law

In the fall of 2015, a woman was hit by a car and sustained severe injuries while she was riding her motorcycle near Peterborough. The injured woman and mother of three, Linda Brown, alleges that the driver who struck her was distracted at the time. Ms. Brown is actively trying to raise awareness of the ...

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What is an ‘Accident’? Part 2 of 2: Use or Operation

Posted on February 11, 2016 (June 16, 2023) by Kotak Law

What is an ‘Accident’? Part 2 of 2: Use or Operation The Statutory Accident Benefits Schedule (‘SABS’) defines the word “accident” to mean an incident in which the use or operation of an automobile directly causes an impairment or damage.1 This blog post will discuss in plain language what is meant by ‘use or operation’ ...

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