Certain circumstances create a challenge to lawyers and insurance companies, when it has come time to decide who should be named at-fault for a given accident. Read More
The legal system has the ability to weed out claimants with frivolous lawsuits. It requires each potential plaintiff to provide proof of the defendant’s negligence. The questions that need answers include Who was negligent and careless? Read More
Car owners need to purchase some form of car insurance. The government has rules for both drivers and insurance companies. Ontario seeks to control the rates charged by the various insurance companies. Read More
Although there are no legal definitions of the term “Jaywalking”, it is used to describe a specific situation wherein a pedestrian crosses a highway or road illegally. In other words, they are crossing against a traffic signal or where no crosswalk is marked. There are laws that define when and where a pedestrian is permitted to cross a road or street in between two intersections. Read More
Bringing order into traffic requires rules and regulations which serve to protect motorists, cyclists, and pedestrians from collision and resulting injuries. One of the regulations are enforced through right of way laws. However, while these are meant to protect all of us, there are still many motorists who either do not know about these laws, or simply do not care to follow them. As a result, they cause collisions with devastating consequences that could have easily been prevented if only they had yielded the right of way. Read More
When a pedestrian is struck by a car, they are often left with severe injuries which will have a great, negative impact on their overall quality of life, as well as on the people surrounding them. The resulting medical expenses, lost wages, and the overall pain and suffering will thus oftentimes force the victim to file a claim in order to receive compensation for their losses. Read More
Accidents with vehicles occur all the time throughout the year. When a vehicle collides with another vehicle or an object, there are many people who may suffer from injuries. What about those who become a victim while they are walking? Every year, serious injuries and even death occur due to a motorists not realizing the rights that pedestrians have at a crosswalk. If drivers were more aware of the correct way to yield to pedestrians, and pedestrians are aware of when the right time to cross an intersection would be, then less accidents would occur. Read More
You hear or read about it all the time but you never imagine that it could ever happen to you and then just like that, you get injured by a hit and run driver. When this happens, you’ll probably be wondering why someone would do this to another person. Individuals like this must be brought to justice. If you or a loved one has recently been the victim of a hit and run accident, an experienced personal injury lawyer in Kitchener can explain your options. A personal injury lawyer can help you get the compensation you deserve so you can get your life back in order, even if it isn’t quite 100%.
After the Accident
Although you will probably be in shock, try to get as many witnesses as you can. Even if the driver takes off, there are other ways that they can be apprehended. However, witnesses are still your greatest asset. Note the color, make, and model of the vehicle as well as any other distinguishing features. File a police report next and make sure you provide all of these details to the recording officer. Hopefully, someone will have taken a picture of the vehicle on their cell phone.
When the Driver leaves the Scene
Whether you’re a cyclist or a pedestrian, you still have rights under the law. Under Canada’s Criminal Code, leaving the scene, or the “failure to remain” as it is referred to in legal terms, is a criminal offense and the driver could be put in jail. If the victim dies, the driver could be sentenced to life in prison. In January, 2016, stricter legislation was enacted to protect cyclists and pedestrians.
Recovering from Your Injuries
When you’re injured in a hit and run accident, you could be entitled to compensation for the following damages and financial loss:
• attendant care or caregiver costs
• emotional and physical pain and suffering
• equipment costs (e.g. wheelchairs or other mobility devices)
• funeral costs and wrongful death
• hospital and medical expenses
• loss of enjoyment or quality of life
• loss of income (past and future)
• rehabilitation care and treatment
The bottom line is that you’ll need the skilled representation that only an experienced personal injury lawyer can provide. In addition to improving your chances of getting a fair and reasonable settlement, they can ensure that your rights to compensation are protected so that you can be financially whole again. Whether it is about out of court settlement or in courtroom trials, they will be able to help you get the right representation.
When it comes to the rules that we have to follow on the road, there are quite a lot of different things that could be said. The Ontario Highway Traffic Act is actually imposing a lot of obligations to the drivers as well as to the pedestrians who are actively using the roadway. With this in mind, it is important to understand that jaywalking which is a quite common phenomenon is not actually defined – it’s a slang term that people use to describe the process of a pedestrian crossing mid-block. Read More