Every year in Ottawa and throughout Ontario there are hundreds of motorcycle accidents.  Many of these accidents result in serious injury and some are even fatal.  Many of these accidents and injuries are avoidable.  Knowledge and prevention are key tools in remaining safe when riding a motorcycle.

Reasons for Reported Motorcycle Accidents in Ontario

• Speeding/riding too fast for conditions
• Helmet was not being worn
• Loss of control
• Under 25 years of age
• Single vehicle collisions

The Ministry of Transportation ofOntariomonitors and keeps statistics on accidents on its roadways.  It also sets out rules and regulations that are to be followed by all drivers and motorcyclists are not excluded.  Helmets are required by law when riding a motorcycle inOntario, yet 10% of riders who were killed and 15% who were injured were not wearing a helmet at the time of the accident.  Protecting yourself can be the difference between a serious injury or fatal accident.

Suggestions For Motorcycle Riding Protection (MOT)

• An approved motorcycle helmet
• Good quality motorcycle riding equipment
• Wear long sleeved shirts and pants
• Jackets with protective padding (areas like shoulder and elbows)
• Wear leather gloves and boots
• Wear bright colours and reflective clothing

With a little education and good judgement, motorcycle accidents can be greatly reduced and injuries from accidents can be less severe.   Follow all posted traffic signs and keep control of your bike at all times and dress in proper clothing.  Keep your motorcycle in good repair and make sure your insurance is up to date.  Riding can be a most pleasurable hobby and a most enjoyable way to travel.  Do it responsibly and enjoy it.

If you or a loved one has suffered an injury while riding a motorcycle, contact the personal injury lawyers at Auger Hollingsworth for a free no charge consultation.  Call us at 613 233-4529.

Of all the possible accidents, the hit and run accident is often the one that grabs the most headlines and attention.  Society tends to accept that motorcycle accidents do happen but, not taking proper measures and responsibility when you have been involved in a motorcycle accident is seen as a slap in the face to our moral conventions.  Not only is it a criminal offence in Ontario to flee the scene of an accident, it also puts an added, unneeded strain on the victims of the accident, who often have enough to deal with financially, physically and emotionally.

If you have been involved or injured in a motorcycle collision and a victim of a hit and run, it presents some major challenges.  Often you are dealing with serious injuries and health issues, which should always be the number one priority of any accident victim.  In addition to this there is the added burden of trying to remember what happened and providing details to help apprehend the hit and run offender.  If at all possible, do your best to remember as much about the accident and the vehicle that caused this accident as possible.  Sometimes the smallest detail can be the most important.  If your injuries do not permit you to remember, do not worry.  The Ottawa Police and OPP, as well as crime scene investigators will use witnesses and evidence left at the scene to find and bring to justice this criminal offender.

It is important to remember that you are a victim of a crime.  As soon as possible you or someone you trust should contact a qualified personal injury lawyer to understand your rights and start working towards the compensation you are entitled to.  The person responsible for your accident could be held liable for any and all of the following.

• Medical bills and expenses
• Loss of personal income (both time and wages)
• Therapy and continuing treatment
• Pain and suffering
• Psychological damage

If you or a loved one has been involved in a hit and run motorcycle accident in Ottawa or within

Ontario it is important to know your rights.  Please check out the following website http://www.personalinjuryottawa.ca/ or contact the personal injury lawyers of Auger Hollingsworth at  613 233-4529 for a free, professional legal consultation.

If you are ever in an Ottawa accident, you may have to take part in an examination for discovery as part of your legal proceedings. Understanding what this process entails and knowing how to present yourself can help you achieve success in your lawsuit.

What is an Examination for Discovery?

Examination for discovery is an important component of most civil lawsuits. Essentially, it is a process where both parties involved in the lawsuit are questioned about the issues surrounding the lawsuit. While each party is questioned by the other party’s lawyer, and the answers are given under oath, examination for discovery is not in itself a trial.

What is the Purpose of Examination for Discovery?

The basic purpose of an examination for discovery is to allow each party and their lawyers to learn about and understand the other side’s case.

Throughout their questioning, the lawyers for each party will typically be trying to accomplish a few basic things, including the following:

-   Understand the other party’s point of view, and more fully define and narrow the issues involved in the lawsuit.

-   Discover if there are any areas where both parties are in agreement, possibly allowing a pre-trial settlement to be reached.

-   Obtain an admission from the other party that later can be used in their client’s favour while at trial.

What Should You Wear to an Examination for Discovery?

Many clients wonder what they should wear to attend this part of their legal process. Though it is not an official trial, it is still very important to make sure that you are appropriately dressed. A good rule of thumb is to make sure you look well-groomed and presentable. Essentially, you want to wear neat, clean, conservative clothes. You do not necessarily have to wear a suit, but you should look as neat as possible, and avoid any offensive slogans on your clothing. This is a very important part of your legal process, and it is crucial that you are as prepared and presentable as possible.

If you or someone you know has been in an Ottawa accident, a good injury lawyer can help you to better understand your legal options, and help you navigate all aspects of the legal process, including the examination for discovery.

To speak with an Ottawa personal injury lawyer at Auger Hollingsworth, please call us at 613-860-4529, email us at info@personalinjuryottawa.ca, or use our contact form.

Traumatic brain injury (TBI) is a serious injury, typically caused by a severe blow to the head. TBI has many different symptoms and can cause a wide variety of problems and disabilities for those affected.

While TBI cannot always be completely cured, and while the recovery process can be long and challenging, there are some important prevention methods that everyone should be aware of.

TBI: Common Causes

Traumatic brain injury can be caused by a wide variety of incidents. Some of the most common causes include the following:

-   Car accidents

-   Other transportation accidents, including bicycles and motorcycles

-   Slips and falls, including falling down stairs, falling out of bed, or slipping in the bath

-   Sports-related injuries, particularly involving high-impact sports like football, boxing, or skateboarding

-   Work-related injuries, often caused by working with unsafe equipment or on unsafe surfaces

Preventing TBI

While some incidents of TBI are nearly impossible to prepare for or avoid, there are some basic methods of prevention that can help individuals avoid serious injury.

Here are some simple things everyone can do to help prevent TBI:

-   Always wear a seatbelt when riding in a car or other vehicle

-   Never drive while under the influence of alcohol or drugs

-   Follow speed limits and take proper precautions while driving

-   Make sure that children are properly restrained in a car seat or booster seat while riding in a vehicle

-   Always wear a helmet when riding a bicycle or motorcycle

-   Always wear a helmet and proper protective equipment when participating in any kind of contact or extreme sports (including activities like skiing or skateboarding)

-   Hold onto railings when walking up or down stairways

-   Ensure there is adequate lighting when walking up or down stairways

-   Do not stand or sit on unsafe or unbalanced surfaces

-   Always be aware of your surroundings, and always use common sense

Unfortunately, even if you do everything right, accidents do happen and injuries like TBI cannot always be prevented. If you or someone you know has been affected by a traumatic brain injury as a result of an accident, be sure to contact an injury lawyer, who can help you navigate any complicated legal implications of your situation. A good injury lawyer will help ease some of the stress associated with a complex injury like TBI.

To speak with an Ottawa personal injury lawyer at Auger Hollingsworth, please call us at 613-860-4529, email us at info@personalinjuryottawa.ca, or use our contact form.

OTTAWA- On February 2, 2012, an Ottawa cyclist was hit by a car driven by, what some witnesses claim was, a drunk driver.  The 31 year old cyclist was riding in Ottawa on Carling Avenue near Archibald St. when he was struck.  He was rushed to hospital with critical head injuries, according to paramedics who were on the scene.  Police are investigating and charges are pending.

Police responded to a call from employees of the LCBO in Ottawa’s Hampton Park Plaza who refused to serve the driver as he appeared heavily intoxicated.  They then notified police when they saw him getting behind the wheel of his car.

Ottawa has seen its share of car-bicycle related accidents the last few years and this latest incident is a reminder of how quickly tragedy can occur to the more vulnerable commuters who share our streets like bicycles and motorcycles.  While it is up to police and all drivers to help maintain safety on the road, if provides little comfort when that safety fails.  Legal action is often the strongest recourse.

The young man who was struck this afternoon and his family will need to contact a professional, qualified personal injury lawyer.  They will need to deal with injury compensation and claims benefits for injuries and work loss amongst many other legal issues.  While secondary to health and recovery, it is a crucial form of financial recovery, compensation and justice for such accidents.

With each tragedy comes the hope that something good will come from our education.  This latest incident inOttawawill once again open a number of issues:  The prevention of drinking and driving and reviewing increased penalties, the safety of all cyclists and the need for more bike lanes and the importance of legal representation, compensation and resources for the victims.

Let us hope this latest incident can provide all of us with some insight on these important issues in hopes of preventing and helping victims in the future. If you or a loved one has suffered a cycling injury, contact the personal injury lawyers at Auger Hollingsworth for a free no charge consultation.  Call us at 613 233-4529.

If you have been injured in an Ontario car accident, you may be wondering who will pay for the expenses you incur during your recovery.  In many cases, your car insurance company will be able to cover your expenses, but there is a specific process you have to follow in order for this to happen.

The first thing you need to do is to fill out an Expenses Claim Form (OCF 6).  You can find this form on the following website: http://www.fsco.gov.on.ca/en/auto/forms/Pages/ocf_forms.aspx.

This form should be used to claim expenses that have not already been claimed through your health care provider.  You can claim a number of different expenses on this form, depending on what benefits you are eligible for,  such as rehabilitation treatment, transportation services, cost of hiring a caregiver, etc.  All of the expenses that you claim on this form must have been incurred as a result of your accident and must be covered by your auto insurance policy.  It is important to complete this form thoroughly and completely so that you don’t encounter any unnecessary problems with your claim.

You need to submit the Expenses Claim Form within thirty days of incurring the expense so make sure to keep track and to stay within that specified time-frame.  You also need to include any receipt you have of your expenses so it is best to develop a system of organizing your receipts so that you can easily find them and include them with your form.  Be sure to address your expense form to the appropriate adjuster from your car insurance company so that your claim gets to the right person.  Also, keep a copy of your completed form for your files.  Again, all of this may seem tedious but it is important to follow all of the details so that you can receive your claim.

If you do not receive any payment within thirty-five days of submitting your claim, follow up with the insurance adjuster.  There could be a number of reasons why you haven’t received your payment so be sure to speak with the right adjuster to see what the delay or problem is.  Remember to record all follow up in writing so either print e-mails or keep a copy of letters you send to the adjuster.  This way you have something to refer back to if something goes wrong.

While no one really enjoys filling out forms and organizing receipts, it is worth it in this case in order to receive compensation for your accident-related expenses.  It would be a shame to miss out on some financial reimbursement, so be sure to fill out the appropriate forms and follow all of the necessary steps.

OTTAWA PERSONAL INJURY LAWYER-  We are very pleased that Ottawa children aged 10 and under will be required to wear helmets during public skating sessions held in City of Ottawa facilities starting January 1, 2012.   In a press release accompanying the law’s announcement, the City estimated that 5,700 Ottawa children receive medical treatment in emergency rooms, and 400 children are hospitalized, every year because of sports-related head injuries.

We look forward to hearing that traumatic brain injuries are down on account of the new rule.  Now let’s see the rule broadened to require helmets while toboganning!

If you have suffered a traumatic brain injury and are looking for information about claims for compensation following an accident, call 613-233-4529.

OTTAWA LAWYER– While on vacation we stumbled across a display by a community group in Florida that was advocating increased safety around backyard pools.  Of course backyard pools are extremely common in Florida but they are increasingly common in eastern Ontario

Water Watcher Lanyard

particularly with the availability of relatively inexpensive above ground pools.    All pools in ground, above ground, hot tubs, even fishponds can create hazard for children in particular.  Drowning is still a leading cause of death among small children as we all unfortunately know.

This community group came up with a great idea to avoid the all too common disaster of what they call “pool party” drownings.  This is the very sad situation where there are so many adults and kids around a pool that everyone thinks everyone else is watching,  but in fact no one is watching the pool.

The idea is a simple one.  A lanyard with an index card indicating “pool monitor” is given to one responsible adult at any time.  If you are in possession of the lanyard you are “on duty” for ensuring that you are watching the pool at all times.  If you need to leave the pool area,  the idea is to pass the lanyard to another responsible adult who then understands that it’s his or her responsibility to monitor the pool.  This avoids the situation where no one knows who’s in charge.

For example, often the host of a pool party is busy going in and out of the house getting drinks and food and may mistakenly assume that the other adults attending the party are watching the children swimming.  On the other hand the other adults figure they are guests at a party and isn’t the host the one who would or should be supervising?

It would certainly be very easy to make something like this,  or perhaps even more attractive.  Given that we like to entertain around our pool I expect it is something that we will implement at our next pool party.  You really never can be too cautious around pools.

We had a fabulous trip this summer, driving to Florida and then back along the Eastern United States.   Before we went, we did what all Ontarians should do before a US driving trip.  We called our auto insurer to check our insurance coverage.  Yes, it sounds a little uptight.  But if you ever needed it…

Most people don’t realize that their own policy’s liability limits protect them in the event of an uninsured motorist, an unidentified motorist, or an under-insured motorist is involved in an accident.  This is very important if you travel to the United Statesbecause many states have very low minimum liability limits.  For example, there are a number ofU.S.states where you only need to carry $15,000.00 in liability insurance!  That means that if you were struck by a vehicle carrying only $15,000.00 in liability insurance and you had a very serious accident involving you and perhaps others in your family, absent your own insurance policy, $15,000.00 would be all there would be.  Fortunately, in Ontario, our minimum policy limits are $200,000.00.  Virtually all Ontarians carry at least $1,000,000.00 but those who can should carry $2,000,000.00 or more to protect their own family.   That way, if you are involved in a serious accident, your own insurance policy is there as a backstop.

OTTAWA PERSONAL INJURY LAWYER  – In 2008, the Ontario Provincial Police issued a list of important safety reminders to help drivers avoid car accidents and collisions in Ontario during winter.  Please remember to:

• Reduce the speed of your car and drive to the weather and road conditions;
• Leave additional space between vehicles. To avoid rear-ending the car in front, note that stopping distances are at least double on snowy roads, and are even longer in icy conditions;
• Get ready for quickly changing conditions. Blowing snow can instantly reduce visibility in your vehicle, and gusting winds can cause ice to form quickly;
• Keep track of where you are. Monitor intersections as you pass them in case you need to call for help in an emergency;
• Check road and weather conditions.
• Make sure your car headlights work;
• Keep your car’s windshield clean, inside and out;
• Replace your vehicle’s wiper blades, as necessary;
• Replenish your car’s windshield washer fluid;
• Check your car battery;
• Keep your vehicle’s gas tank at least half full;
• Install 4 winter tires on your car;
• Wear winter clothes while driving; and
• Maintain a winter survival kit in your vehicle (blanket, flashlight,candle, cell phone and some food or drinks.)

Auger Hollingsworth urges you to stay safe this winter.

Auger Hollingsworth represents people injured in car accidents in Ottawa, Smith Falls, Brockville, Kingston, Perth, Ontario, Hawksbury, Napanee and many places in between.  If you have been injured and want a free case evaluation, contact us at 613 860-4529 or at info@ottawalawfirm.ca.