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 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.

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Free Consultation : (416) 816-1500
  • Rajiv and Mridula did an amazing job. Thankyou so very much.

    thumb Lorraine Fearman
    July 22, 2022

    When my insurance company refused to cover my LTD, it put myself and my family into a very difficult position. Rajiv Hate and his team guided me through the daunting process and gave me back my dignity as father and provider to my family. Words can not express my gratitude or how much I can recommend him. If you feel your situation is not as it should be, I implore you to at least have a conversation with him as he will be direct, honest, and deliver on any promises he may make.

    thumb Randy Chicoine
    December 8, 2021

    Rajiv Hate in the Kotak Law Firm did a wonderful job in handling my long term disability case. From the initial phone conversation, I had the feeling that I was with the right lawyer since he made me feel very comfortable and confident that I can rely on him. Throughout the case, he is professional, courteous, and extremely knowledgeable in the area of long term disability. Whenever I have any concerns about my case and need a clarification, he validated my concerns and responded with explanations. Because of his expertise and astuteness, the case had a successful outcome and was resolved in a timely manner. I would highly recommend him to the families and friends if they need a lawyer in this field.

    thumb Catherine Chen
    May 9, 2022
  • Rajiv Haté and Charmaine Vaswani provided an exceptional degree of support during a very tumultuous period in my life. Insurance companies don’t take chronic skin conditions seriously (despite it being the largest organ in our bodies) so I didn’t really have any hope that my claim would be settled. Rajiv went above and beyond my expectations, ensured I would be fairly compensated, and got the job done. I highly recommend patients with chronic conditions to contact Kotak Law. They’ll have your back while also giving you space to heal (i.e. you won’t be bombarded with emails during the process). So grateful!

    thumb Meera Roy
    December 16, 2021

    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.

    thumb Kevin O
    August 29, 2022

    Kotak just helped me few days ago to successfully close a second case. In the first one, Rajiv Hate, who is a phenomenal lawyer with Kotak helped me to get much more than I expected in a settlement due to an awful motorcycle accident. And now with a LTD case (non-related to the motorcycle accident) Rajiv did it again, he just helped me to settle my case getting a much higher compensation than I initially estimated. The level of professionalism, attention to detail and kindness showcased by all the team at Kotak and by Rajiv in particular have been insuperable and a constant in both cases. Don't waste your time with any other law firm as I did before I contacted Kotak for my first case, call them and request to talk with Rajiv, you won't regret it!!

    thumb S C
    July 5, 2022
  • Highly recommend Kotak, they’re very professional and help every step of the way.

    thumb Adrian Lovell
    June 17, 2022

    did a great job handling my case. Rajiv was very professional and helpful.

    thumb manjot sekhon
    August 19, 2021

    Nainesh was incredibly helpful throughout my MVA case and delivered great results. Everything was handled with so much compassion and professionalism. Kotak law is the right place to go.

    thumb Mariel Pretto
    July 14, 2022

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