On Friday December 17, 2011, Ottawa Fire Fighters extricated a 22 year old man from a BMW after a  two-vehicle collision on Baseline Road at Rockway Crescent.  The man is described as having suffered a fractrued pelvis, chest injuries and multiple lacerations. He was taken to the hospital in serous condition. The driver is reportedly not seriously injured.

This is not the first serious accident our Ottawa personal injury lawyers are aware of at this intersection.  For a small intersection, it poses numerous visibility issues.  If you are driving at Baseline and Rockway, please use extra caution.

If you have suffered  a serious injury and wish to have a free consultation, please contact our firm at 613 233-4529.

OTTAWA ACCIDENT LAWYER – According to the CBC, Ottawa Police Chief, Vern White, is planning to raise the cost of vehicle accident reports from the current $48.00 to close to $3,300.00.  According to Chief White, the $3,300.00 cost is proportional to the cost of the actual work involved in the report.

Payment for the motor vehicle accident report is currently a disbursement which most personal injury lawyers incur on behalf of their clients who are injured in motor vehicle accidents.  The amount has steadily climbed over the last five years, a dollar at a time.  The proposed jump to $3,300.00 will be a significant deterrent for many personal injury lawyers who use the motor vehicle accident report to evaluate whether or not their clients have a case worth pursuing.

Without the motor vehicle accident report, it is difficult to interpret what may have happened in complicated motor vehicle accidents involving multiple vehicles.  This may be a barrier for some accident victims trying to determine if they have a viable case.  Our firm will be looking for solutions to this issue for prospective clients.

Although the lawyer will frequently pay the cost of the motor vehicle accident report upfront, ultimately it is a disbursement that is recovered in a lawsuit in most cases.

There is no date announced for when this hefty increase is to take effect.

Insurance Claims after an Ottawa Car Accident

When you begin your Ottawa car accident claim, it is important to know what your Ottawa personal injury lawyer can help you recover and what she can’t.

There are three main different types of insurance claims that you can make after an Ontario car accident.

The three types of claims that you can file are a property damage claim, a claim for statutory accident benefits, and a bodily injury claim.  We’ll go through each one so that you know what applies to your personal case.

An Ottawa property damage claim is a request for funds to repair or replace your car.  When most people think about insurance in a car accident situation, they think of filing a property damage claim.  Usually, these benefits are paid by the insurance company.  That is why most people think they have car insurance.  And if your car is the only thing that was hurt in the accident, then you most likely don’t need a lawyer, since what you get from this type of claim is probably about what you would pay for a lawyer.   However, if the accident caused physical injuries, large medical bills or caused you to miss work, getting an experienced Ottawa lawyer is probably the right way to go.

The second type of claim is for damages for bodily injury. You will receive bodily injury damages if you were hurt in an accident in which the other party is at fault, and you meet the legal test for Ontario injury claims.

The last type of claim is for statutory accident benefits.  Statutory accident benefits are available to all participants in Ottawa car accidents, independent of fault.  These benefits are meant to replace missed salary earned and to pay for accident-related expenses such as attendant care, rehabilitation and medical services.  The idea of statutory benefits is to reduce the effect of the accident on your day-to-day life.  These benefits are usually paid for by your own insurance policy, but there are ways to get coverage even if you do not have your own car insurance policy.

If you have further questions regarding your Ottawa car accident case and the benefits that you could receive, contact an Ottawa injury lawyer immediately for a free consultation. For more information, contact the Ottawa lawyers at Auger Hollingsworth by email info@ottawalawfirm.ca or by phone at (613) 233-4529.

Upper Ottawa Valley Experiences 350% increase in Fatal Accidents

Unlike most of Eastern Ontario, the area patrolled by the Upper Ottawa Valley Detachment of the Ontario Provincial Police experienced an increase in fatal motor vehicle accidents in 2009.   In 2008, the area saw only two fatal accidents.  In 2009, the area saw nine fatal accidents.  Affected communities include:  Petawawa, Calabogie, Pembroke, Arnprior, Deep River, Renfrew and Eganville.

In contrast, an early January 2010 release from the Ontario Provincial Police stated that fatal collisions on OPP patrolled highways in Eastern Ontario generally had been reduced by 28 per cent, related injuries reduced by 37 per cent and deaths reduced by 27 per cent. In response to the increase in serious accidents in the Upper Ottawa Valley area, the OPP are planning an increased police presence, and an increase in education.

Driver error, inattention and speed were some of the contributing factors to accidents in the region in 2009.

HAVE YOU BEEN INJURED IN AN ACCIDENT?  Did you cause the Accident?

Please do not assume that you cannot benefit from an Ottawa personal injury lawyer’s advice because you think, or the police think, that you caused the accident. Do not dismiss the possibility of recovering damages in a single car accident.

#1: Ontario Statutory Accident Benefits, also known as “No-fault benefits”

Very significant accident benefits are available for seriously injured drivers, regardless of who or what caused the accident. A personal injury lawyer can help you get the most money from your accident benefit claim.

#2: Other Possible Causes or Contributing Factors to your Ontario Car Accident

The cause of an accident may not be clear to you or even to the traffic officer who attends at the scene. A personal injury lawyer, using the appropriate experts, can investigate whether there was any other cause or contributing factor that resulted in the accident. Improper signage, road maintenance or vehicular malfunction issues are just three of many explanations for what could have caused or contributed to your injuries. In all likelihood, none of these was carefully considered by the police.

#3: Car Faults also Known as Auto Defects

Even if the accident was technically your fault, it is possible that the extent of your injuries was increased because of your car. Seat belt or airbag malfunction frequently makes injuries worse. Under the right circumstances, we can make a claim against the car manufacturer. Similarly, automobile design flaws leading to a roof that crumbles or a vehicle that is more likely to tip over may give rise to a claim for damages against the car company, even where the accident itself was caused by the driver.

Contact Us

For more information about obtaining your Statutory Accident Benefits, or other third party claims, contact Richard Auger or Brenda Hollingsworth using at info@ottawalawfirm.ca.

Knee Injuries in a Traumatic Ottawa Accident

Serious injuries to the knee may be a result of a fall or a motor vehicle accident.  Many of our Ottawa personal injury clients suffer knee injuries in their accidents.

In slip and fall accidents, the fall could have occurred because of a wet floor, uneven surface in an office complex, a trip on a drop off or uneven surface, broken and irregular pathway or sidewalk,  due to missing or broken step or steps that do not comply with the Ontario Building Code.

In a car accident, you may suffer a knee injury if your knee gets pushed against a console or the dashboard or if it twists upon impact.  In a bicycle accident, there are many ways you knee could be injured, including falling directly onto it.  Similarly, a pedestrian could be struck in the knee, land on a knee or twist a knee while falling to the ground after being hit by a vehicle.

These injuries are more often than not a result of landing with full force on the knee and the knee cap taking the full brunt of the victim’s weight.

If your injury is a mild one, it might just involve a slight damage to the medial meniscus or the ligament in the knee. Injuries might also result in damaging the medial collateral ligament of the anterior cruciate ligament. In some case surgery is the only option for a lasting cure.  Surgery is normally followed by an intensive physiotherapy session.

It is also a fact that no other part in the body experiences as much stress as the knee.  Injuries to the knee are often fairly painful and treatment courses available today are useful in mitigating the injury only to a certain extent.  The effect is normally on the movement of the knee and its rotation and hinging movement. Some of the common injuries to the knee are as follows:

• ACL Tear due to an accident: The anterior cruciate ligament (ACL) is located deep inside the knee and tear on the ligament can be fairly painful. Surgery is normally the only solution to this ailment.
• MCL Tear due to an accident :  The medial collateral ligament (MCL) is also located on the side of the knee and supports the knee in its sideways movement and preventing it from buckling. A heavy fall or a sudden impact to the side of the knee can result in a damaged MCL. It can lead to restricted movement of the knee and a protracted treatment process.

• Meniscal Tear due to an accident: The articular disks (joint disks) of the knee are also called “menisci.” These two disks consist of connective tissue made up of collagen fibers. Their main utility lied in preventing the bones from rubbing against each other and also aids in shock absorption.

If you have suffered a knee injury due to a traumatic accident caused due to a fault of someone else, you may be entitled to damages for pain and suffering, future care costs, and any loss of income.   Consider contacting an experienced Ottawa personal injury lawyer to assist you to assess your case.  Call us at 613 233-4529.

If you were injured in a Kingston accident, or an accident in Sydenham, Bath, Gananoque, Railton or an accident in any other town in the Frontenac County area, our experienced Kingston personal injury lawyers can help you.

  For Kingston motor vehicle accidents we will help you handle:

•   Your Ontario Statutory Accident benefit claims (No-fault benefits)
•   Any Claim for damages against any at-fault drivers, and
•   Any Claim for damages against anyone else who may be at fault for the Kingston accident.

  Need more information about what to do after an accident? Have a look at  “29 Tips for Getting a Fair Settlement for your Motor Vehicle Accident,” “Important Answers About Statutory Accident Benefits” and “3 Facts That May Surprise You.”

 Examples of the types of Kingston Motor Vehicle Accidents we Handle:  

• Kingston Car Accidents
• Kingston Motorbike Collsions
• Kingston Truck Accidents
• Kingston Bus Accidents
• Kingston Railroad Accidents
• Kingston Boat Accidents
• Kingston Bicycle Accidents
• Kingston Pedestrian Accidents

Our Kingston Personal Injury Lawyers Can Help You

If you were injured in a Kingston accident, let our Kingston accident lawyers handle your insurance claims and help you collect the compensation you are entitled to receive.   

Queen’s University graduate Brenda Hollingsworth and Kingston native Richard Auger, will handle your Kingston personal injury law suit concerning motor vehicle accidents. We know Kingston, its court and its roadways.  We can help you with your serious injury case.

Contact Us!

The personal injury lawyers at Auger Hollingsworth are here to help you. Please use our Contact Us form to request your FREE consultation!

Our Kingston Accident Law Firm handles accident claims across Ontario. See our areas of service here.  We will come to your home.  We will come to Kingston General Hospital, St. Mary’s or any other area facility where you are recovering from your injuries.

Death and Funeral Benefits Available Through Statutory Accident Benefits

After a fatal motor vehicle accident, regardless of who was at fault for the accident, there are certain benefits available through the statutory accident benefits (also known as SABS, ABs or no-fault benefits).

The most important provisions provide:

The accident benefit insurer will pay a death benefit relating to anyone who dies because of an accident if the death was within 180 days of the accident or 156 weeks after the accident if the person did not recover after the accident.

For the spouse of the deceased, the death benefit is $25,000.

For any other dependant, the death benefit is $10,000 each.  The amount may be higher if the deceased purchased optional increased benefits.

Up to $6000 is payable toward funeral expenses, unless additional optional coverage is available.

The Statutory Accident Benefits themselves provide as follows:

DEATH AND FUNERAL BENEFITS

Death Benefit

25.

(1) The insurer shall pay a death benefit in respect of an insured person if he or she dies as result of an accident,

(a) within 180 days after the accident; or

(b) within 156 weeks after the accident, if during that period the insured person was continuously disabled as a result of the accident. O. Reg. 403/96, s. 25 (1).

(2) The death benefit shall provide for the following payments:

1. A payment to the insured person’s spouse of,

i. $25,000, or

ii. if the optional death and funeral benefit referred to in section 27 has been purchased and is applicable to the insured person, the amount fixed by the optional benefit.

2. A payment to each of the insured person’s dependants, and to each person to whom the insured person had an obligation at the time of the accident to provide support under a domestic contract or court order, of,

i. $10,000, or

ii. if the optional death and funeral benefit referred to in section 27 has been purchased and is applicable to the insured person, the amount fixed by the optional benefit.

3. If no payment is required by paragraph 1, an additional payment to the insured person’s dependants and the persons, other than a former spouse of the insured person, to whom the insured person had an obligation at the time of the accident to provide support under a domestic contract or court order, to be divided equally among the persons entitled, in an amount equal to $25,000 if the accident occurred before October 1, 2003 or, if the accident occurred on or after October 1, 2003,

i. $25,000, or

ii. if the optional death and funeral benefit referred to in section 27 has been purchased and is applicable to the insured person, the amount fixed by the optional benefit.

4. A payment of $10,000 to each former spouse of the insured person to whom the insured person was obligated at the time of the accident to provide support under a domestic contract or court order.

5. A payment of $10,000 to,

i. a person in respect of whom the insured person was a dependant at the time of the accident,

ii. the spouse of a person in respect of whom the insured person was a dependant at the time of the accident, if the spouse was the insured person’s primary caregiver at the time of the accident and the person in respect of whom the insured person was a dependant at the time of the accident dies before the insured person or within 30 days after the insured person, or

iii. the dependants of a person in respect of whom the insured person was a dependant at the time of the accident, if no payment is required by subparagraph i or ii, to be divided equally among the persons entitled. O. Reg. 403/96, s. 25 (2); O. Reg. 114/00, s. 3 (1); O. Reg. 281/03, s. 8 (1); O. Reg. 314/05, s. 3 (1-3).

(3) No payment shall be made under this section to a person who dies before the insured person or within 30 days after the insured person. O. Reg. 403/96, s. 25 (3).

(4) If at the time of the accident the insured person had more than one spouse who is entitled to a payment under this section, the payment shall be divided equally among them. O. Reg. 403/96, s. 25 (4); O. Reg. 114/00, s. 3 (2); O. Reg. 314/05, s. 3 (4).

(4.1) If at the time of the accident the insured person was a dependant in respect of more than one person who is entitled to a payment under this section, the payment shall be divided equally among the persons in respect of whom the insured person was a dependant. O. Reg. 281/03, s. 8 (2).

(5) If requested by the insurer, a person who conducts an autopsy of the insured person shall provide a copy of his or her report to the insurer. O. Reg. 403/96, s. 25 (5).

(6) In this section,

“spouse” means a person who was, at the time of the accident,

(a) a spouse, or

(b) if the accident occurred before the definition of “same-sex partner” in Part VI of the Act was repealed, a same-sex partner within the meaning of that Part as it read on January 1, 2004. O. Reg. 314/05, s. 3 (5).

Funeral Benefit

26.

(1) The insurer shall pay a funeral benefit in respect of an insured person who dies as a result of an accident. O. Reg. 403/96, s. 26 (1).

(2) The funeral benefit shall pay for funeral expenses incurred in an amount not exceeding,

(a) $6,000; or

(b) if the optional death and funeral benefit referred to in section 27 has been purchased and is applicable to the insured person, the amount fixed by the optional benefit. O. Reg. 403/96, s. 26 (2).

Air Bag Safety

Did the air bag deploy in your Ontario Car accident?
Many of our clients comment on the serious aftermath of an air bag exploding in their faces during an accident. For example, we have a client who lost an eye when an air bag dislodged part of the dashboard into her face.

A study done at the University of Georgia has revealed that air bags are associated with a slightly increased probability of death in accidents. This new study is in stark contrast to the earlier notion that air bags are highly effective in preventing injuries in car accidents.

What Is An Air Bag?
An air bag is a passive restraint consisting of a bag that is designed to inflate upon collision and prevent passengers from pitching forward in an accident.

How Does It Work?
When a collision occurs, the car’s momentum suddenly reduces to zero whereas the rider’s momentum remains significant. The passenger’s propulsion is enough to cause a severe bodily impact on, say, the steering wheel resulting in serious injury. The air bag reduces the passengers speed to zero within a fraction of a second thereby minimizing the impact of the collision.

Airbags inflate when a sensor detects a front-end crash severe enough to trigger their deployment. The sensor activates an electric signal that starts a chemical reaction to inflate the air bag with inert nitrogen. The vents in the air bags deflate immediately after absorbing the energy of the occupant.

Why The Conflicting Views On Safety Of Air Bags?
The fact is that seat belts offer the first line of protection against injury.

The findings of the study on air bags also state, “The proper use of seat belts reduces the odds of death by as much as 67% for any speed category and air bag availability. There is no statistical evidence that airbags reduce the car accident injuries. However, the odds of death increase fourfold for unseat belted occupants when air bags are in place.”

Conclusion?
If you are injured in an accident where an air bag was deployed, seek medical treatment immediately. Make sure your treating physicians know the impact was serious enough to result in air bag deployment.
You should also consult with a personal injury lawyer to determine if your injuries give rise to a claim for accident benefits or for compensation from the at-fault driver.

To speak with an Ottawa personal injury lawyer, call 613 233-4529, info@personalinjuryottawa.ca or by clicking here.

Investigating an Ottawa Motor Vehicle Collision

Have you ever wondered how the Ottawa Police Service investigates an Ottawa collision?

According to the Ottawa Police website, after an accident, here is the protocol for calling the police:

• A police report is not required if damage to all vehicles is under $1,000.
• If there are injuries and the vehicle(s) cannot be driven…call  9-1-1
• If there are no injuries, but the vehicle(s) cannot be driven… call 613-230-6211
• If the vehicle(s) can be safely driven and there are no injuries, as soon as possible, or when directed by police, drive all vehicles to the same police station to file a report.

Keep in mind that injuries that appear minor at the scene may become much worse over the ensuing hours or days.  When you have any doubt about whether an injury has caused any injury, Auger Hollingsworth recommends you call the police.  Also, if there is any dispute over who caused the accident, you will have a much more reliable motor vehicle accident report if the police attend the scene.

For serious car accidents where there has been a fatality or life threatening injuries, the Ottawa Police Collision Investigation Unit conducts an investigation.  Some of the techniques the police use include:

- Measuring tire marks and coefficients of friction to calculate the speed of the involved vehicles

- Downloading the crash data retrieval system that monitors the air bag system.  This is your car’s “black box”.  Did you even know your car had one?

- Time/distance/velocity calculations.

- Using momentum formulas to determine vehicle velocities and angles.

- Fall and vault calculations.

- Pedestrian throw distances to determine the velocity of the vehicle.

The lawyers at Auger Hollingsworth obtain the motor vehicle accident report for every case when it is available.