Oakville Injury Lawyers

Caring and Experienced Oakville Personal Injury Lawyers

Kotak Law firm has earned a reputation in Oakville for fighting for our clients’ rights, and winning cases that other lawyers turn down. If you haven’t heard about us from someone you know, feel free to check out the countless success stories from Oakville and the surrounding area.

You shouldn’t have to suffer the pain of an injury that wasn’t your fault. Kotak Law is renowned in Oakville for winning personal injury cases, and will review your case for free.

Kotak Personal Injury LawKotak Personal Injury Law
Faithfully serving Oakville. Contact us for a free consultation.

Toll Free: 1‑877‑94‑KOTAK
Fax: (905) 755-8901
Email: info@kotaklaw.com

Personal Injury Risks of Driving With a Medical Condition

A 60 year old man recently sustained injuries when he crashed his SUV into a tree in Oakville. The incident occurred during the late afternoon when after losing control, the SUV mounted a curb and crashed successively into two trees. Oakville police on the scene did not divulge specific details, but voiced suspicions that the collision was due to a medical condition on the driver’s part.

Driving with a medical condition that can impair one’s judgement and/or abilities in any way, is a serious concern. This action may endanger not only the driver’s safety but the safety of passengers, other motorists, pedestrians and cyclists. This is why Ontario law requires that individuals disclose any medical condition that can impair their ability to drive safely, when applying for or when renewing a driver’s license. Failure to disclose a known medical condition may result in a charge of negligence in the event of an accident. And sometimes a negligence claim is still filed against a driver, even when the condition is disclosed.
This was the case in Johnson v. Carter, 2007, where the 50 year old defendant, Mr. Carter, collided head-on with an oncoming vehicle after veering into the opposite lane. The crash resulted in the death of a passenger in the oncoming vehicle. The defendant was a diabetic and he argued at trial that at the time of the incident he was not fully in control of his vehicle, as his blood sugar level was low. Mr. Carter had been a Type 1 diabetic for 27 years at the time of the accident.

In the 2007 trial, the judge ruled that the defendant had the means and ability to monitor his blood sugar and failure to do so was irresponsible and negligent on his part in the accident. Dr. Johnson, the 62 year old man who tragically suffered fatal injuries in the accident, was a prominent ophthalmologist and a pioneer in laser eye surgery procedures. In this trial, the court awarded damages of $6,400,000 to Mrs. Johnson for the potential lost due to Dr. Johnson’s death, as well as costs.

The above case is a testament to how important it is for a driver to ensure, as much as is possible, that they do not get behind the wheel without a certainty that their medical condition is stable and will not interfere with their ability to drive safely. Further, drivers are obligated to disclose any medical condition that can in any way impair their ability to drive. In Oakville and throughout Ontario, medical practitioners are required by law to report any individual with a medical condition that may impair their ability to drive. Commercial drivers, owing to the types of vehicles they drive and the heavy equipment and cargo they transport, must submit a medical evaluation before receiving their license or having it renewed.

There are many medical conditions that may affect one’s ability to safely handle a vehicle, including:

  • Vision Impairment
  • Hearing Loss
  • Cardiovascular Disease
  • Seizures & Epilepsy
  • Physical Disabilities
  • Psychiatric Disorders
  • Diabetes
  • Chronic Pain
  • Chronic Fatigue
  • Neurological Disorders e.g. Parkinson’s disease
  • Medical drug use

It is important to note that some medical conditions can show up unexpectedly while an individual is driving, such as strokes and heart attacks. While there are signs that indicate a high risk for these conditions, they sometimes occur in individuals who have received a clean bill of health from their physicians and therefore cannot reasonably predict such an event.

Most medical conditions which can significantly impact a person’s ability to drive and handle a vehicle are diagnosed conditions. Further, for anyone who has been formally diagnosed with a serious medical condition, it is in their long-term interest and in the interest of everyone’s safety, that they avoid driving unless their condition has stabilized. Even after a physician has given you a clean bill of health, it is most prudent to remain vigilant about your condition, to ensure that recurrence is unlikely.

Giving up the independence of being a driver is certainly a difficult thing for the vast majority of Canadians. For anyone for whom driving is a necessary part of their job, a loss of driving privileges may result in economic losses if one is no longer able to work. If the alternative is to be a danger to yourself and others, a choice to drive while you are unfit to do so, is not likely to end well.

At Kotak Law, we understand how emotionally and physically challenging it can be as a recent accident victim. If you or someone you love was seriously injured in an accident caused by a driver’s medical condition or possible negligent driving action, please contact our office. The Kotak team is experienced in providing legal advice on personal injury claims and in handling legal issues pertaining to accident and disability claims. We will give you an honest assessment of your best legal options, and guide you throughout your claims process.

Why Choose Kotak Law?

We are the experienced, effective and compassionate path to compensation. We are result oriented and work as a team to maximize the money you receive.

  • FREE
  • Excellent
  • You Don’t Pay
    Unless We Win
  • Highly Responsive
    and accessible
Free Consultation : (416) 816-1500
  • Everyone I dealt with at Kotak Law was friendly and professional. They were efficient and settled my case in a reasonable amount of time. My Lawyer Rajiv was the best, he kept me well informed and during the settlement mediation kept me calm and intructed me well. We reached the best settlement possible. Thank you Rajiv!!

    Rebecca Copland Avatar Rebecca Copland
    September 9, 2023

    I am grateful for the exceptional services provided by Kotak Law and his incredible team. From the moment I reached out to them, I knew I was in capable hands. Throughout my legal journey, Rajiv displayed an unmatched level of professionalism, dedication, and expertise. He not only fought tirelessly for my case but also took the time to ensure I understood every step of the process. His support and strategic approach were truly impressive. I must also give a special mention to Nainesh, whose support was invaluable. They always addressed my queries and concerns, offering reassurance during what could have been an overwhelming time. The entire team's commitment to my well-being and their compassionate approach made a world of difference. They kept me informed, provided regular updates, and worked diligently to secure a favorable outcome. Thanks to Kotak Law and his team. If you're seeking legal representation that goes above and beyond, look no further. I wholeheartedly recommend Kotak Law Firm for their exceptional services. Thank you again for your outstanding work!

    Umesh Jain Avatar Umesh Jain
    August 8, 2023

    Just a quick thank you to both Sergey Loganov and Klara Kotanovic for their efforts over the past few months in taking care of my CPP Disability denial and appeal process. Not only did they win the case but the retroactive lump sum owing went back 10 months earlier than what I thought it would and I will be receiving the maximum monthly payment. Dealing with chronic pain from 3 surgeries in the early 2000s on my neck and now finding out I have numerous bulging discs and spinal stenosis in my low back which creates nerve pain and kicking leg syndrome is a lot to deal with medically and it was a load off my mind to have a very competent group of players on my team to deal with CPP. Lowering stress levels and being able to afford to go and have more Bowen therapy on my low back means the world at this point. Pills are something I try to take as little of as possible and I am an advocate of the growing and use of cannabis and products for both stress levels and helping with nerve pain. It also cuts down the cost of expensive pain meds which can become addictive such as opiods. Thank you again everyone for your efforts and calm demeanor in this battle we call life. Two thumbs up.

    Greg Boydell Avatar Greg Boydell
    July 8, 2023
  • I would sincerely like to Thank Kaity Yang for representing me as a client. Kaity was excellent from start to finish. Kaity understood my struggles and fought for my rights. I would and will highly recommend Kaity Yang and Kotak Law. I would also like to Thank Louise Lloyd for all her help and professionalism. Through out the process Louise was also a tremendous help. Thank-You both so much.

    Chris Loughlean Avatar Chris Loughlean
    April 8, 2023

    An excellent experience. We had tried to do it by ourselves, following the insurance company’s rules and they simply kept declining the claim and running out the clock, causing no end of stress. We turned to Kotak Law and Rajiv and his team listened, understood and sympathized. They worked hard, kept communication open and delivered results. They took an overwhelming situation and walked us through…thank you.

    Mike Kirtz Avatar Mike Kirtz
    February 8, 2023

    Rajiv Hate is amazing! I contacted Kotak law after my employer fired me and I was on LTD. However, I did the mistake of going thr Ministry of labor and the severance I received was so low. Not only this but my employer had hired a lawyer and they had drafted the release form- I signed off on it not only releasing my employer but also affiliates etc. My employer was dishonest and last minute made an amendment which I didn’t see and I released the LTD provider as well and the provider was not even there and not part of the discussion. It was such a bad deal to release all my rights for so little money. I didn’t realize all this until after I contacted Kotak and Rajiv looked at my documents. Instead of giving up on me Rajiv went ahead and fought for me. It was a long wait and I thought I had lost and was giving up, but Rajiv kept persevering. He was skilled at the negotiation and when I was tired, he found the right words to speak on my behalf and understood me. My case was won by Rajiv and it takes amazing talent like his to win a lost battle! Hats off to Rajiv and his assistant Stefan Jakovljevic for a job well done and being there for me.

    Bi Avatar Bi
    November 8, 2022
  • After dealing with my insurance company with no results, I hired Kotak Law to advocate for me. Mr Rajiv Hate did an excellent job of listening to the issues and presenting them on my behalf. Without him, I would not have been able to reach an agreement with the insurer. Would definitely recommend.

    Kevin O Avatar Kevin O
    November 8, 2022

    My experience with Kotak Law Lawyers was simply amazing. Nainesh Kotak represented my case with great care and attention. The level of empathy and comfort provided meant the world to me. I truly felt Mr. Kotak and supporting staff made the difference between a very stressful experience to one that went smoothly with a positive outcome.

    carol grilli Avatar carol grilli
    September 22, 2022

    After dealing with my insurance company with no results, I hired Kotak Law to advocate for me. Mr Rajiv Hate did an excellent job of listening to the issues and presenting them on my behalf. Without him, I would not have been able to reach an agreement with the insurer. Would definitely recommend.

    Kevin O Avatar Kevin O
    August 29, 2022

As See on TV Interviews