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Archive for category: Accidents

You are here: Home / Personal Injury Blog / Accidents

PERSONAL INJURY BLOG: Accidents

Serious Accidents: Toronto Accident Law FirmCatastrophic accidents can transform a person’s life in a matter of seconds.
Accidents, Car Accidents, Insurance Law, Personal Injury News

Hit and Run Car Accidents

Careless drivers causing death or bodily harm could get a maximum penalty of a $50,000 fine, up to two years in jail and a licence suspension of up to five years.
Report the accident to the police or a collision reporting centre (CRC) within 24 hours.

What to do in a hit and run accident

1. If anyone was injured during the hit and run accident, call 911.

2. Ask anyone who may have witnessed the incident to get information about the driver, car(s) involved and accident.

Don’t forget to get their contact information in case the police or your insurer needs to follow up. If possible, gather the following:

  • Licence plate number
  • The other vehicle’s make, model and colour
  • Description of the other driver
  • Direction the other vehicle was headed
  • Location, time and cause of the accident
  • Photos of the damage to your vehicle, especially if the other car’s paint is visible where the impact took place
  • Photos of the accident scene
  • Description of damage to the other vehicle

3. Report the accident to the police or a collision reporting centre (CRC) within 24 hours.

Your report helps the police apprehend the guilty party. Give them all the information you’ve gathered, as well as the names and numbers of any witnesses.

Can I Get Collision Reports Online?

Yes, once the report has been filed and processed, you can get a copy of your collision report online through Service Ontario. They can be ordered online 20 days after the collision report was filed. To gain access to the report you will be required to supply your driver’s license number, collision report number, and MTO collision reference number. $12 fee applies.

Order a collision report online here.

Ontario Collision Reporting Centres

There are more than 30 collision reporting centres dispersed across the province of Ontario.

GTA Collision Reporting Centres

Collision reporting centre Toronto : Contact Information
Collision reporting centre Markham, Richmond Hill, Vaughan, Newmarket : Contact Information
Collision reporting centre Scarborough : Contact Information
Collision reporting centre Mississauga : Contact Information
Collision reporting centre North York : Contact Information
Collision reporting centre Whitby : Contact Information
Collision reporting centre Brampton : Contact Information
Collision reporting centre Ajax (Durham) : Contact Information
Collision reporting centre Halton North : Contact Information
Collision reporting centre Halton South : Contact Information
Collision reporting centre Halton West : Contact Information

Hamilton and Niagara Region Collision Reporting Centres

Collision reporting centre Niagara Falls : Contact Information
Collision reporting centre Welland : Contact Information
Collision reporting centre St. Catharines : Contact Information
Collision reporting centre Hamilton Central : Contact Information
Collision reporting centre Hamilton East : Contact Information
Collision reporting centre Hamilton Mountain : Contact Information

Additional Collision Reporting Centres In Ontario

Collision reporting centre Barrie : Contact Information
Collision reporting centre Bellville : Contact Information
Collision reporting centre Brantford : Contact Information
Collision reporting centre Chatham-Kent : Contact Information
Collision reporting centre Guelph : Contact Information
Collision reporting centre Ottawa : Contact Information
Collision reporting centre Kitchener, Waterloo, Cambridge : Contact Information
Collision reporting centre London : Contact Information
Collision reporting centre Kingston : Contact Information
OPP collision reporting centre: Contact Information

NOTE – Not all cities have an accident reporting centre. If you are involved in an accident in a towns or rural area in Ontario that does NOT have a reporting centre, call the local police department.

Get a full list of Ontario collision reporting centres here.

4. Notify your auto insurance company.

If you want to file a not-at-fault insurance claim, note that most insurance companies require that any hit-and-run damage be reported to the police within 24 hours for the claim to be considered a hit-and-run.

What not to do

1. Don’t follow a driver who flees the scene.

Not only is it unsafe, but you might miss getting eyewitness accounts. Instead, call the police and provide any identifying information to them.

2. Don’t wait to call the police or your auto insurance company.

The official accident report will help police look for the missing driver and will be useful when you file your accident claim.

How does a hit-and-run affect your auto insurance premium?

A hit-and-run accident claim is paid out under the collision coverage of your auto insurance policy. You may be able to avoid this cost if you have a $0 deductible coverage included on your policy. Note that hit-and-run accidents are typically the only accident in which you are not at fault for which you will be required to pay your collision deductible.

However, if the driver who hit your car can be identified, the loss may be paid out under the Direct compensation property damage coverage of your policy which is normally not subject to a deductible. For this reason, it’s always best to speak to any potential witnesses.

All is well that ends well

A “hit and run” is when a person involved in an accident leaves without identifying itself. What to do if you are the victim of a hit and run?

Settlement process in a hit and run

  1. Police report release
    Contact the police as soon as possible. They will fill in and give you the number of the report. Note that some police forces no longer draw up reports for hit and runs. This does not affect your claim. You can then contact your insurer or broker directly.
  2. Contact your insurer
    Call your insurer or broker as soon as possible. Send him a copy of the police report number.
  3. Appraise the damage
    Your insurer will examine your vehicle to appraise the damage and establish the cost of repairs. He may suggest a garage for the repairs. You may also choose your own.
  4. Agree on a settlement
    Your insurer will repair your car according to the terms and conditions under your policy.
  5. Indemnity payment
    Depending on the agreement, your insurer may indemnify you or reimburse the garage directly.

Indemnity

You will be compensated if you purchased collision coverage (“All Perils” or “Collision or Upset” under Section B of your policy). Your insurer will indemnify you within 60 days following receipt of your request and the supporting documents. For a speedy claims settlement, make sure you have all the relevant documents handy.

Deductible

The insurer will deduct the amount of the policy deductible from the compensation. A number of insurers offer no deductible coverage for hit and runs. Check it out!

 

January 9, 2020/by Debbie Crowe
https://strype.ca/wp-content/uploads/2016/08/strype-logo-shield-white.png 0 0 Debbie Crowe https://strype.ca/wp-content/uploads/2016/08/strype-logo-shield-white.png Debbie Crowe2020-01-09 07:02:012021-11-25 14:07:40Hit and Run Car Accidents
Accidents, Car Accidents, Personal Injury News, Road Safety

Pedestrian Safety: Toronto Police Public Safety Portal

Pedestrians

View traffic related collisions data involving Pedestrians. These events include any serious or fatal collision where a Pedestrian is involved.


Definition: A pedestrian is a person not occupying a bicycle or motor vehicle and can be doing any of the following:

  • walking,
  • sitting,
  • lying,
  • standing,
  • working on a road or place, or
  • using a small wheeled device that provides personal mobility such as the following:
  • skateboard,
  • skates,
  • in-line skates,
  • scooter,
  • segway,
  • stroller,
  • wheelchair.

How to use Dashboards

Dashboards can be viewed using the following browsers: Microsoft Edge, Internet Explorer 11, Chrome desktop latest version, Safari Mac latest version, Firefox desktop latest version.

https://data.torontopolice.on.ca/pages/pedestrians

August 1, 2019/by Debbie Crowe
https://strype.ca/wp-content/uploads/2016/04/seriousinjury.jpg 400 900 Debbie Crowe https://strype.ca/wp-content/uploads/2016/08/strype-logo-shield-white.png Debbie Crowe2019-08-01 11:15:242019-08-01 13:19:01Pedestrian Safety: Toronto Police Public Safety Portal
Accidents, Car Accidents, Insurance Law, Personal Injury News, Road Safety

Lawyer tries to overhaul civil jury process

Jeff Strype, Personal Injury and Medical Malpractice Lawyer, Toronto

Jeff Strype, Personal Injury and Medical Malpractice Lawyer, Toronto

A Toronto personal injury lawyer is not giving up his fight to reform the province’s civil jury process, despite a setback in the Ontario Superior Court of Justice.

In Kapoor v. Kuzmanovski, Regional Senior Justice Peter Daley ruled against the plaintiff’s motion to either exclude anyone who pays car insurance premiums from the jury pool or give him the right to challenge them for cause.

But plaintiff’s counsel Jeff Strype has already applied for leave to appeal the decision to the Divisional Court, claiming drivers should be struck in these cases due to an inherent conflict of interest created by the risk large damage awards pose to their own premium levels.

He says he would like to see Ontario follow the lead of other jurisdictions, such as Quebec and the United Kingdom, where juries are no longer allowed in motor vehicle cases. In others, such as B.C., he says reforms such as a legislated right to challenge jury panel members for cause and expensive jury fees have helped level a playing field that otherwise seems tilted in favour of insurance companies.

“I think we have a serious problem; we’re the last bastion of the civil jury in the free world, with the possible exception of the U.S., where they have their own issues,” says Strype, the principal at Strype Injury Lawyers in Toronto. “I think I speak for the plaintiffs’ bar when I say that this has to be remedied. We need some more openness and transparency about how these triers of fact are arriving at their verdicts.”

Trying motor vehicle accident cases without a jury would also have the added benefit of saving time and courtroom space in an era of squeezed resources, according to Strype. As well as the problems caused by judicial shortages, he says, civil cases are more likely to be shunted as the knock-on effects are felt from the Supreme Court of Canada’s decision in R. v. Jordan, which imposed strict deadlines on criminal cases heard in Superior Court.

“Jury cases take twice as long as judge-alone trials, so that could them free them up to do so much more work,” Strype says.

Read the whole article here: Law Times News Article 

December 4, 2018/by Debbie Crowe
https://strype.ca/wp-content/uploads/2016/08/strype-logo-shield-white.png 0 0 Debbie Crowe https://strype.ca/wp-content/uploads/2016/08/strype-logo-shield-white.png Debbie Crowe2018-12-04 08:32:582018-12-04 08:32:58Lawyer tries to overhaul civil jury process
Accidents, Car Accidents, Road Safety

More must be done to dispel myths about driving high

By STAR EDITORIAL BOARD
Sun., Aug. 12, 2018

If governments and safety organizations across Canada needed a fire lit under their feet to boost public education around the dangers of driving while stoned on cannabis, Statistics Canada delivered it on Thursday.

A survey conducted by the government agency indicates an alarming number of cannabis users with a driver’s license are toking or ingesting it before getting behind the wheel.

Cannabis users think it’s OK to ingest cannabis and drive
Alarmingly, too many cannabis users think it’s OK to ingest cannabis and drive. Some even think the drug makes them a better driver.  (CARLOS OSORIO / TORONTO STAR)

Indeed, one in seven said they had driven at least once in the past three months within two hours of using the drug. By doing so they are endangering not just themselves but their passengers and other road users.

And these findings only add to the concerns raised by a Public Safety Canada study released last fall. It found 28 per cent of respondents had driven high. And, alarmingly, it found one in 10 thought cannabis made them “a better driver.” Research, of course, shows that cannabis negatively affects reaction time, decision making, motor skills, co-ordination, attention and judgment.

In fact, the percentage of Canadian drivers killed in vehicle crashes who test positive for drugs (40 per cent) exceeds the numbers who test positive for alcohol (33 per cent).

If so many people think they can get away with driving stoned now, what will happen when the recreational use of cannabis becomes legal on Oct. 17?

Legalization is the right move, but the results of these surveys are cause for concern on the issue of road safety.

October is a mere blink of an eye away compared to the time it takes for public education campaigns to influence behaviour. It has taken decades to make inroads on the problem of drinking and driving, and get the message to sink in that it’s dangerous and socially unacceptable. And even now it still happens.

Read whole article here.

September 11, 2018/by Debbie Crowe
https://strype.ca/wp-content/uploads/2016/08/strype-logo-shield-white.png 0 0 Debbie Crowe https://strype.ca/wp-content/uploads/2016/08/strype-logo-shield-white.png Debbie Crowe2018-09-11 15:20:552018-09-11 15:20:55More must be done to dispel myths about driving high
Accidents, Car Accidents, Personal Injury News, Road Safety

Road Conditions Toronto

Road conditions Toronto: Here are some useful links:

Toronto Traffic | 401 Road Conditions – Traffic Report – Global News

https://globalnews.ca/toronto/traffic/
Toronto Traffic reports & conditions, get the latest road condition and traffic road reports; Toronto Traffic on GlobalNews.ca.

Current Highway Conditions – The Weather Network

https://www.theweathernetwork.com/roads-and-travel/highway-condition/list

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. Privacy Policy Accept. °C. °F. km/h. mph. EN. Comments · Join Now. The Weather Network. Your weather when it really mattersTM. MENU. Home; Forecasts & Reports; Severe Weather; News; Maps & Roads; Gallery; TV …

‎Maps: Highway Forecast · ‎Traffic Cameras · ‎Rare piebald moose captured …

CP24 | Traffic – Information for Toronto and the GTA – CP24.com

https://www.cp24.com/commuter-centre/traffic

What’s on this page? Traffic News Streams from government and official sources; Travel Times; Information about driving in Toronto and Ontario; Check out more commuter coverage on CP24. Traffic Road Conditions. Travel Times; Current Restrictions; Future Restrictions; Emergency. Route, Current, Ideal, Delay. 404 NB.

Reported Road Conditions – Ministry of Transportation

www.mto.gov.on.ca › Home › Traveller’s Information
Oct 13, 2017 – Reported Road Conditions, previously called “Road Conditions”, are road and visibility conditions reported by the Ministry of Transportation’s maintenance contractors. These official reports are generated at minimum, five times a day. Reported Road Conditions identify the roadway as either “bare,” “partly …

Ontario 511 – Interactive Map – Ontario.ca

www.mto.gov.on.ca/english/traveller/trip/map.shtml
Oct 15, 2017 – Traveller’s Road Information Portal. … Text. Road Closures · Reported Road Conditions · Forecasted Driving Conditions · Construction Reports · Traffic Cameras · Traffic Reports · Carpool Lots · HOV Lanes. Related Links. Track My Plow · Smart Commute · City of Toronto RESCU Cameras · City of Ottawa …

Traveller’s Road Information Portal – Traffic Report – Toronto

www.mto.gov.on.ca › Home › Traveller’s Information › TRIP › Traffic Reports
Real-time traffic reports for Toronto Region in Ontario Canada.

Forecasted Driving Conditions – Ministry of Transportation

www.mto.gov.on.ca › Home › Traveller’s Information
Oct 13, 2017 – New this 2017-18 winter season is 511’s pilot project to include a layer showing “Forecasted Driving Conditions.” Forecasted Driving Conditions are based on weather forecasts and are independent of reported road conditions. Forecasted Driving Conditions are identified as “good”, “fair” or “poor” based on …

CTV Toronto | Traffic – 401, 404, DVP, QEW, 403 Highway Traffic Reports

https://toronto.ctvnews.ca/traffic
CTV Toronto – Traffic reports for Toronto and the GTA. Travel times, traffic delays and traffic news – CTV Toronto.

Toronto Traffic Update – 680 News

www.680news.com/traffic/
Latest Toronto and GTA traffic updates on 680 News.

Toronto Live Traffic Map | CBC Toronto – CBC.ca

www.cbc.ca/toronto/features/traffic/

CBC Toronto Traffic. Share your observations – call 416-205-5840 when you are not operating a motor vehicle and it is safe to do so. Toronto Traffic Resources. Live traffic map with cameras and road speeds. Live construction map. List of planned construction areas. TTC delays and disruptions external site. GO Transit …

Road and Weather Conditions – Transportation and Engineering

https://www.simcoe.ca/dpt/trs/conditions
​For information about road conditions and emergency closures in Simcoe County, please visit the links below. Simcoe Region Traffic Report Contains information on collisions, breakdowns, emergency road works, and scheduled maintenance and construction events on provincially maintained highways. Central Ontario …

The Blue Mountains, Ontario, Canada – Weather & Road Reports

www.thebluemountains.ca/weather-roads.cfm
The Blue Mountains will be a progressive four season community, building on its agricultural and recreational features, offering a healthy and supportive lifestyle to a diverse range of residents, businesses and visitors.

Road Conditions Report – 97.7 The Beach

www.977thebeach.ca/roadconditions.php
Traffic and Road Conditions. Check this page for current road conditions (below). Help us bring you the most up-to-date information possible – become a Bayshore Broadcasting NEWS WATCHER! If you run into poor road conditions, pull over and give us a call to tell us where you are and what you’re encountering.

LIVE: Parry Sound traffic and road conditions | ParrySound.com

https://www.parrysound.com/…/6156387-live-parry-sound-traffic-and-road-condition…
PARRY SOUND — Use the tools on the map below to zoom in on the area of Parry Sound where you will be driving to see details of current road closures, slow-downs, etc.

LIVE: Traffic and road conditions in Simcoe County | Simcoe.com

https://www.simcoe.com › Whatson › Explore
POPULAR NEWS SITES; DurhamRegion.com · InsideToronto.com · NorthumberlandNews.com · ParrySound.com · TheSpec.com · WaterlooChronicle.ca. RESOURCES & AFFILIATES; Goldbook · Insurance Hotline · Lease Busters · Metroland Media · Metro News · Metroland Store · Toronto.com · Toronto Star · Tradyo.com …

Road Restrictions – City of Toronto

https://www.toronto.ca › … › Road Restrictions & Closures
433 records – Use this map and list to find better travel routes around the City and avoid disruptions. All information is subject to chang.

Driving Weather for Toronto, Canada from AccuWeather

https://www.accuweather.com/en/ca/toronto/m5j/driving-weather/55488
Excellent; for driving. Precip: 5%; Hours of Precip: 0; Rain: 0 mm. } Day Details · Tomorrow. Feb 14. 3° Hi. Plenty of sunshine. Good; for driving. Precip: 25%; Hours of Precip: 0; Rain: 0 mm. } Day Details · Looking Ahead. Icy conditions Friday morning. 3AM-8AM; 9AM-2PM; 3PM-8PM; 9PM-2AM; Hourly Forecast.

More snow overnight in GTA creates slick road conditions | National Post

nationalpost.com/pmn/news…/more-snow-overnight-in-gta-creates-slick-road-conditions

Dec 12, 2017 – TORONTO — Many drivers in southern Ontario can expect a slow and slippery drive to work this morning thanks to a fresh dusting of snow.It began to fall Monday and Environment Canada says some areas received eight to 10 centimetres of snow as of 4 a.m..

LIVE: Halton Region traffic and road conditions | InsideHalton.com

https://www.insidehalton.com/…/6438065-live-halton-region-traffic-and-road-conditi…
Dec 25, 2017 – HALTON REGION — Use the tools on the map below to zoom in on the area of the GTA where you will be driving to see details of current road closures, slow-downs, etc. * Note – if you cannot view…

Road Conditions | Bruce County Welcomes You – County of Bruce

https://brucecounty.on.ca/road-conditions
The Bruce County Road Conditions are updated periodically each day through the winter months and as weather warrants. Conditions may vary greatly within any patrol area of the County due to weather patterns. This information is provided as a public service and therefore drivers are encouraged to use care and caution …

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February 13, 2018/by Debbie Crowe
https://strype.ca/wp-content/uploads/2017/11/icy-roads-toronto.jpg 358 620 Debbie Crowe https://strype.ca/wp-content/uploads/2016/08/strype-logo-shield-white.png Debbie Crowe2018-02-13 11:52:142018-02-13 11:56:23Road Conditions Toronto
Accidents, Car Accidents, Personal Injury News, Road Safety

Temperature drop brings 63 collisions in the GTA

Toronto police responded to 63 collisions in last 12 hours, many of them single-vehicle

CBC News Posted: Nov 10, 2017 6:05 AM ETLast Updated: Nov 10, 2017 7:57 AM ET

The sudden drop created problems for drivers. Const. Clint Stibbe, with Toronto police traffic services, said that officers responded to some 63 collisions over a 12-hour period. Some 45 collisions involved reports of property damage, while 18 included personal injuries.

Most of the incidents occurred in the northwestern, northern and northeastern parts of the city near the 401.

Read more about collisions and current driving conditions, here.

Winter driving tips: How should you prepare a vehicle for driving under winter conditions?

Driving in winter weather – snow, ice, wet and cold – creates a great challenge for vehicles and drivers. Keeping your vehicle in good technical repair reduces your overall chances for any mishap or disaster while driving – particularly in winter weather. To prepare your vehicle for winter driving give it a complete checkup.

Look for the following:

Electrical system
Battery – recharge or replace if the battery is weak. Also have the charging system checked.
Ignition – check for damaged ignition wires and cracks in the distributor cap.
Lights – check all lights (headlights, side lights, emergency flashers, directional lights, taillights, brake lights and parking lights) for proper functioning.

Brakes
Check brakes and adjust to ensure equal braking.

Tires
The traction between tires and roadway determines how well a vehicle rides, turns and stops, and is crucial for safe driving in winter. Proper tire selection is very important.
Use all-season radial tires only in areas that receive only light snowfall.
Use snow tires in areas that receive heavy snowfall.
Use chains on all four wheels when you expect severe snow and icy roads.
Check with your local Department or Ministry of Transportation office to see if the use of tire chains is legal in the region through which you are planning to drive.
Check tire pressure and if necessary restore it to levels recommended by the vehicle manufacturer. The pressure drops about 1 psi for every 5°C (9°F) drop in temperature.
Do not mix radial tires with other types.
Check tire balance and correct if necessary.
Check wheel alignment and correct if necessary.

Exhaust system
Check the exhaust system for leaks. A properly sealed exhaust system reduces the risk for carbon monoxide poisoning.
Keep the window in your vehicle slightly open when you’re stuck in snow, and run the engine and heater to keep warm.
Keep the exhaust pipe clear of snow. A blocked pipe can force carbon monoxide back into the car interior.

Heating/cooling system
Check the radiator and hoses for leaks.
Ensure that your vehicle always has a sufficient amount of antifreeze rated for the coldest weather.
Check the defrosters (front and back) to make sure they are working efficiently.

Windshield wipers
Ensure that windshield wipers function efficiently. Replace them if they are old or worn.
Fill the washer container with an antifreeze fluid and top it up frequently.

Fuel
Fill up the fuel tank before you leave on your trip.
Do not let the fuel level get too low – the driving time to the next gas station may take much longer than you ever expected, and if you get stuck, the car engine will be your only source of heat.

For more information on winter driving, please visit Canadian Centre for Occupational Health and Safety site:
http://www.ccohs.ca/oshanswers/safety_haz/icesnow.html

More information about traffic accidents, here.

Contact Strype Injury Lawyers for a free car collision case evaluation.

November 10, 2017/by Debbie Crowe
https://strype.ca/wp-content/uploads/2017/11/icy-roads-toronto.jpg 358 620 Debbie Crowe https://strype.ca/wp-content/uploads/2016/08/strype-logo-shield-white.png Debbie Crowe2017-11-10 09:58:332017-11-13 09:59:04Temperature drop brings 63 collisions in the GTA
Accidents, Car Accidents, Personal Injury News, Road Safety

Ontario plans harsher penalties for careless drivers who hurt or kill

By Patrick Cain National Online Journalist, News  Global News

Ontario plans a much harsher approach to careless drivers who kill or hurt people, provincial transport minister Steven Del Duca is set to announce Wednesday in Toronto.

The announcement follows a series Global News published in June about lenient sentences being given to drivers who kill.

The proposed changes would create a new offence of careless driving causing death or bodily harm which carries with it a maximum penalty of a $50,000 fine, up to two years in jail and a licence suspension of up to five years.

The proposed law will also:

  • Increase fines and demerit points, and introduce license suspensions, for distracted drivers. Punishments would increase with repeated offences, with third (and subsequent) offences drawing a 30-day licence suspension.
  • Increase fines for failing to yield to a pedestrian
  • Double the maximum fine for most traffic offences from $500 to $1,000

Read the whole article and watch videos, here.

Strype Injury Lawyers have decades of experience and success trying complex automotive accident cases.

Catastrophic automotive accidents can transform a person’s life in a matter of seconds. Our goal is to leverage our experience and expertise to secure the maximum possible settlement needed to fund your post-injury medical and lifestyle needs.

Get more infomation on our expertise, here.

September 21, 2017/by Debbie Crowe
https://strype.ca/wp-content/uploads/2016/04/highway-accident.jpg 400 900 Debbie Crowe https://strype.ca/wp-content/uploads/2016/08/strype-logo-shield-white.png Debbie Crowe2017-09-21 07:57:212017-10-02 08:59:56Ontario plans harsher penalties for careless drivers who hurt or kill
Accidents, Car Accidents, Personal Injury News

Japanese airbag maker Takata files for bankruptcy, overwhelmed by recalls

Japanese airbag maker Takata Corp. filed for bankruptcy protection in Tokyo and the U.S. on Monday, saying it was the only way to ensure it could carry on supplying replacements for faulty airbag inflators linked to the deaths of at least 16 people.

Filing for bankruptcy was the only way company could ensure it could continue to supply replacements for faulty airbag inflators, said Takata’s president.

Takata and the automakers were slow to address the problem with the inflators despite reports of deaths and injuries. Eventually they were forced to recall tens of millions of vehicles. The scope of the recall means some car owners face lengthy waits for replacement parts, meanwhile driving cars with airbags that could malfunction in a crash.

The defect in the inflators stems from use of the explosive chemical ammonium nitrate in the inflators to deploy airbags in a crash. The chemical can deteriorate when exposed to hot and humid air and burn too fast, blowing apart a metal canister.

By Tom KrisherAssociated Press
Marcy GordonThe Associated Press
Mon., June 26, 2017
Read more, here: https://www.thestar.com/business/2017/06/26/takata-files-for-bankruptcy-overwhelmed-by-airbag-recalls.html
June 26, 2017/by Debbie Crowe
https://strype.ca/wp-content/uploads/2016/08/cars-parked.jpg 598 900 Debbie Crowe https://strype.ca/wp-content/uploads/2016/08/strype-logo-shield-white.png Debbie Crowe2017-06-26 15:14:512017-09-29 10:10:32Japanese airbag maker Takata files for bankruptcy, overwhelmed by recalls
Accidents, Car Accidents, Insurance Law, Personal Injury News

Strype Injury Lawyers: Access to Justice

Court delays deny access to justice for personal injury victims

Virtually every week, media headlines shine a spotlight on the trial delays plaguing our courts. But this coverage tells only half the story of the hurdles faced by personal injury victims in Ontario when it comes to gaining fair access to justice.

As we’ve seen in several high-profile cases such as the Supreme Court’s decision in R v Jordan—in which the Court decided that criminal cases in provincial courts should take no longer than 18 months from the charge to the end of trial—criminal charges, even grievous ones, are sometimes ‘stayed’ or dismissed because they were not dealt with expeditiously.

Those charged with a crime in Canada are entitled to trial within a reasonable time under s. 11(b) of the Charter of Rights and Freedoms.

There is, however, another unintended consequence of that Supreme Court ruling. Because criminal trials take precedence over civil actions and because we have a serious shortage of judges, civil proceedings are often unreasonably delayed, sometimes for years on end. A civil suit in Ontario may require six to eight years from the date that the Statement of Claim is issued until resolution.

The impact on personal injury victims

Victims who are injured in a motor vehicle accident or another catastrophic event are often unable to work, and as a result, must survive financially on accident benefits in the interim—amounts that tend to be a mere fraction of their regular income. This hardship often results in significant stress, mental health issues, divorce and family breakdown.

Furthermore, because of the way that accident benefits are structured, insurers can arbitrarily cut off those benefits, which they do routinely.

The unfair settlement loophole

Insurance companies exploit these facts and delays to their advantage. They fully understand that their own clients are often desperate to settle for much less than they deserve, because they are facing bankruptcy. To compound the pressure, they routinely seek multiple court delays of six months to a year for various reasons, and consistently refuse to make reasonable—or any—offers of settlement. They know that a trial will be set so far in the future that their client will be forced to accept minimal compensation just to survive.

Even if a trial date is determined, that only indicates its opening day. Because of the problems in the court system, civil trials are routinely interrupted, or canceled at the last minute and rescheduled many months into the future. This is not only unfair to the plaintiffs, it also forces their lawyers to spend inordinate amounts of time preparing for a trial, then more time at a much later date as they work to review the case once again.

Insurance companies benefit with every delay in the resolution of a case, all at accident victims’ expense.

Jury trials for injury cases

The worst-case scenario for an accident victim is a trial by jury. Those trials take 50 per cent longer than trials by judge alone, largely for procedural reasons.

The situation is so dire that in Brampton, for example, jurors are being bused back and forth every day to other locations such as Milton or Orangeville, because of the shortage of judges and trial space. Juries, on the other hand, are subconsciously aware that substantial awards will affect their own car insurance rates, and often award sums that fall far short in addressing accident victims’ medical and ongoing support needs.

The case for timely justice in civil law

The Supreme Court ruled unanimously that an accused in a criminal case has the right to be tried “within a reasonable time frame”, and that the court “has a role to play in changing courtroom culture and facilitating a more efficient justice system.”

This ‘access to justice’ standard should apply to civil cases as well.

– Strype Injury Law

Get more information about the process of personal injury trials or settlements – contact Strype Injury Law today.

 

April 7, 2017/by Debbie Crowe
https://strype.ca/wp-content/uploads/2016/06/justice.png 600 900 Debbie Crowe https://strype.ca/wp-content/uploads/2016/08/strype-logo-shield-white.png Debbie Crowe2017-04-07 09:18:072022-01-24 17:21:54Strype Injury Lawyers: Access to Justice
Accidents, Car Accidents, Personal Injury News, Product Liability

Automakers knew Takata airbags were dangerous

Attorneys for people suing Takata air bags maker and five automakers say the car companies knew that Takata’s products were dangerous yet continued to use them for years because they were inexpensive.

The allegations against Honda, Toyota, Nissan, Ford and BMW were made in a court filing Monday in Miami. The federal court there is handling pretrial evidence-gathering in dozens of lawsuits against Takata and the automakers. The filing says the allegations are partly based on auto company documents.”

The penalties include $850 million in restitution to automakers, $125 million for victims and families and a $25-million criminal fine.

Separately, three former executives are charged with falsifying test reports. They remain in Japan.

Takata’s inflators use ammonium nitrate to create a small explosion that inflates airbags in a crash. But when exposed to prolonged high temperatures and humidity, the chemical can deteriorate and burn too fast. That can blow apart a metal canister.

Read the full article about Takata air bags by:

By Tom Krisher,
The Associated Press
Mon., Feb. 27, 2017

Each day we work with people whose lives and families have been destroyed by the negligence of others. With more than 55 years of experience, Strype Injury Lawyers has built a reputation for legal excellence and client advocacy. Our approach is simple: if a reasonable out-of-court settlement can’t be reached, we will take your case to court and litigate to obtain fair compensation.

Read Strype client testionials, here.

Strype Injury Lawyers, Toronto’s manufacturing liability law firm: Whether the product is a faulty automobile airbag, hairdryer, a child’s toy, tainted meat, artificial hip, or an automobile tire, manufacturers must ensure that products are designed and made safely.

Manufacturers must have quality control systems in place to prevent defective products from entering the market. They also need to provide adequate directions and warning labels to protect consumers.

Read more about Manufacturing and Product Liability, here.

February 27, 2017/by Debbie Crowe
https://strype.ca/wp-content/uploads/2016/08/strype-logo-shield-white.png 0 0 Debbie Crowe https://strype.ca/wp-content/uploads/2016/08/strype-logo-shield-white.png Debbie Crowe2017-02-27 16:20:092017-10-02 12:27:51Automakers knew Takata airbags were dangerous
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Strype Injury Lawyers

We represent clients throughout the Greater Toronto Area (GTA) and surrounding communities.

Our top priority is helping you rebuild your life in the months after suffering a catastrophic injury.

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