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Mississauga Personal Injury Law Blog

What is a tort claim and how is liability determined?

Whenever an Ontario person suffers injuries that are deemed to have been caused by another person, there will be a question of liability. When it comes to civil justice, liability is a word that will be used in a tort claim and also in a personal injury lawsuit. Liability arises from personal actions and, when it comes to tort laws, the typical concern is whether one person's careless, reckless or negligent actions caused harm to another.

Torts can involve deliberate and intentional harm caused to another person or unintentional actions, which usually imply negligence that does not include willful wrongdoing but unreasonable acts that caused injury. The first of three standards of liability is intention, which requires proof that a defendant meant to cause harm in cases such as assault. The second is negligence that requires evidence of failure in a defendant's duty of care, such as in a medical malpractice claim. Then there is strict liability that needs neither proof of negligence nor intention, but the mere fact that an injury was caused could make the defendant guilty.

Proper Car Headrest Position Can Help Reduce Whiplash Injuries

Allowing yourself a few seconds to properly adjust your car seat headrest before you drive can reduce injuries to the neck by up to 40%.

Neck injuries fall into the category of soft-tissue injuries, usually caused by some sort of whiplash movement. Whiplash often occurs in car accidents when the head is rapidly pushed forward and then backward as a result of the collision.

Newer Changes To Insurance Act Can Affect Older Cases

The Ontario Court of Appeal (OCA) has confirmed that changes made to the Insurance Act in 2015 can apply to older matters.

According to Law Times, the OCA decided that amendments to the Act introduced in 2015 would apply to two pre-2015 car accident cases.

Ontario To Suspend Licences For Distracted Drivers

This week, the Ontario government revealed its new and updated penalties for distracted and careless drivers. Among the changes is a license suspension for distracted drivers on their third conviction.

The changes are only proposed, but are expected to be put into effect later in the year. In a story in National Post, Ontario Minister of Transportation Steven Del Duca stated that once these changes take effect, Ontario will have the toughest consequences for distracted driving convictions in Canada.

Distractions cause more car accidents than speeding, impairment

Ontario Provincial Police launched a campaign against distracted driving over Labour Day weekend. The goal is to create a lasting awareness of the dangers of texting or talking on cell phones while driving. The organization reported alarming statistics revealing that the combined number of collisions caused by speeding and impaired drivers are significantly lower than car accidents resulted from distracted driving.

OPP says the complacency of citizens toward the use of mobile devices while driving needs to be changed. Passengers should take a stand about the dangers to which texting drivers expose them, and the same with drivers spotting other vehicle operators using their cell phones. A quick glance to check a text message can result in a devastating crash that could affect the lives of many innocent road users.

Denied CPP Disability claims can be appealed

While most Ontario residents are likely familiar with personal or employment provided disability insurance, some have not heard of Canada Pension Plan Disability Benefits. Residents who meet the requirements for qualification can file disability claims through the CPP. However, only those who are not yet 65 years old can qualify if they also meet the other requirements.

The validity of a claim for CPP Disability benefits will depend on whether the applicant earned enough income and contributed enough to the CPP during his or her years of employment. The second requirement is for the person to meet the disability criteria for eligibility. The disability must be regarded as severe and prolonged.

Can public transit injury lead to accident benefits claim?

People in Ontario who rely on public transit every day to travel to work and other destinations might have experienced some near misses. These rides are not always fun, and most passengers on buses might at some time have wondered what would happen if they were injured while using public transit. Will they be entitled to file an accident benefits claim?

To suffer an injury on a bus, the vehicle need not be involved in an accident. If the bus comes to a sudden stop because the driver was distracted and failed to focus on traffic ahead, passengers can fall and get hurt. Another possible result of an abrupt stop is a passenger's head smashing into the seat in front or suffering a whiplash injury. Under other circumstances, a bus passenger can be cut by a sharp edge or object on the bus.

Car accidents: How will legalizing marijuana affect road safety?

With a large number of commercial vehicles that travel all over the country, authorities in Ontario are considering their options in anticipation of the law that will legalize the use of marijuana in Canada in 2018. Feedback is currently sought from different groups involved in road safety in general. One focus is to prevent car accidents caused by truck drivers who are impaired by marijuana.

The president of the Ontario Trucking Association says that although drugs and alcohol are not considered a significant problem among truck drivers now, legalizing pot could change the situation. Both OTA and the Canadian Trucking Alliance (CTA) have made it clear that they support a policy of zero-tolerance when it comes to marijuana impairment. The use of any drugs goes against the added responsibility of commercial truck drivers, and industry's strong road safety commitment.

Primary causes of car accidents in Ontario

Many people in Ontario may join those who ask why there are so many crashes despite the technological advancements in vehicle safety. Why is the number of people maimed and killed in car accidents on the province's roads increasing every year? Could it be that the problem does not lie with faulty or unsafe vehicles but rather with dangerous drivers?

Statistics indicate that a significant number of accidents with serious injuries or fatalities involved excessive speed and alcohol. Another concerning issue is the number of crashes that claim the lives of young adults -- mostly in urban areas where there are high concentrations of establishments where alcohol can be obtained. Legislation that includes driver suspensions, fines and jail sentences do not seem to deter drunk drivers.

Ontario pedestrians continue to be injured in car accidents

A two-car crash in Toronto's west end recently sent a pedestrian to hospital. Pedestrians involved in car accidents are not uncommon in Ontario -- especially in busy large city intersections. The victim was rushed to a trauma centre in critical condition.

Three others involved in the crash were also taken to hospital with a variety of injuries not considered to be life-threatening and are said to be in stable condition. The critically-injured female pedestrian, in her 60s, was hit by a vehicle after another hit it in the intersection around noon time. One of the vehicles hit the side of a nearby home. Police are continuing their investigation.

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