People who have been injured in any kind of motor vehicle accident in the province of Ontario are eligible for certain accident benefits. This is regulated in the Insurance Act of Ontario. Set forth in it is a rule which allows you to seek compensation under your automobile insurance policy. Now, the important thing that you need to understand is that there are a few different benefits that you can claim. Let’s have a look.

If you have been injured in a car accident, you need to report it to the police. This is a very important step if you want to apply for certain compensation for your injuries. Residents of Ontario usually have monetary coverage for their financial loss which has resulted from injuries consequential to motor vehicle accidents. This is due to their automobile insurance policy which is mandatory. Some of the available financial losses include: family expenses, medical expenses, cost of hiring a care giver, loss of income and other similar issues.

Even though public transit accidents tend to be a lot less frequent than car accidents, Canadians are regularly injured in trains and buses throughout the entire year. This is especially true for the state of Ontario. So, if you’ve fallen victim to an accident of the kind, you may be wondering what your options actually are. With this in mind, let’s go right ahead and take a look.

The common assumption when it comes to single-car accidents is that the person behind the wheel must be at fault. This, however, is definitely not always the case. Even though this might be the thing in the majority of the situations, an assumption of the kind is wrong. In fact, there are quite a few situations in which the driver shouldn’t be blamed at all. With this in mind, let’s take a look at some of the following scenarios in which you should thoroughly consider going through your defense options.

There are quite a lot of different injuries which could dramatically scar you for life. However, the complications which could stem from brain and head injury are definitely the most serious. This could leave the accident victim mentally and physically crippled for life, apart from the fact that it could cause significant emotional, mental and other types of damages. The worst thing about brain injuries is that they could be inflicted in a majority of different accidents.

Motor vehicle accidents are common and that’s a fact. This is also why they are one of the most desired areas of specialization for a variety of personal injury attorneys. There are just a huge number of cases and once you get the hang of it, they become pretty straight forward. Of course, there are a lot of legal acts to be considered, ranging from general common law principles to the Rules of Fault Determination. In any case, it’s incredibly important for the lawyer to be thoroughly prepared in regard with the legal documents. With this in mind, it’s important to outline that the different causes for motor vehicle accidents are also going to determine the way in which the case is going to be developed. This is why it’s crucial to outline the most common reasons for motor vehicle accidents.

This new application, Uber is without a doubt a revolution in the world of online apps. It’s something that allows people to call a driver with his own car to come and pick them up and drive them to the necessary location. While it may sound a lot like a cab service, and that’s its main designation, the personal experience is overly beneficial and that’s the main reason for which it has become so popular. Furthermore, Uber, unlike regular cab services has quite a lot of perks like GPS tracking and many more which are going to help you out.

What is more, if you own a vehicle and you want to sign up, you can earn a few extra bucks by driving people around. Now, it’s clear that Uber poses a lot of benefits because it saves the client a significant amount of money and it delivers a few additional bonuses. However, it’s also important to note that there are plenty of aspects that need closer scrutiny that has to be taken into account when it comes to liability in case of an accident.

Now, unfortunately, in Ontario, given the fairly recent release of the feature as well as the nature of the application, the legislation is rather uncertain. The motor vehicle insurance is mandatory but the majority of the basic insurances wouldn’t go so far to cover commercial activities. And, in the case of carrying passengers who are actually paying for the trip, this is very much a textbook commercial activity. Whether insurance is going to be available to compensate the Uber driver, passenger or even a pedestrian who is actually hit by the Uber vehicle is rather unclear.

The Insurance Bureau of Canada, which is the official representative of a lot of major insurance companies in the country, has managed to issue a few warning of the potential risks which accompany using online services. They outline the nature of the risks as well as the fact that insurance is an uncertain point of inquiry and that the current legislation doesn’t guarantee a certain positive answer.

Now, the truth is that UBER is very convenient and that’s why it has managed to go viral and worldwide in a matter of months. However, when calling your regular everyday UBER car, make sure that you always have this thing in mind. You can also extend your insurance should the company offer an extension on it.  Even if there aren’t currently insurance policies which could be extended to cover damages of the kind, given the rapid temp of advancement that the application boasts there are soon to be certain companies who would offer insurance to users. That’s certain.

However, you might want to consult your lawyer if you or a loved one was involved in an accident with Uber and need to be compensated for your damages.

Motorcycle accidents are dramatic – there is no doubt about it. They become even more serious when there are more people involved. For instance, if you are a passenger on a motorcycle and you get involved in the accident, suffering injuries as a result, you might be able to claim recovery for the damages from the operator of the motorcycle, the operator of the other vehicle (provided there is another vehicle involved) or you can claim compensation from both based on the circumstances. Luckily for you, relatively speaking of course, these types of damages are usually easier to pursue in comparison to other damages. However, you do need the support of an injury lawyer to represent your rights.

Filing against the operator of the motorcycle

This is possible in case there is no one else involved in the accident but you and the operator. The premise is the same as in any other personal injury case – you need to determine that the biker acted negligently. For instance, he might have driven at a speed which was far over the allowed or not appropriate to the particular road or weather conditions. Furthermore, he might not have accounted for the road signage or he might have been driving under the influence – in all of these situations you are entitled to claim your damages.

The truth is that there are two particular reasons for motorcycle accidents which do not involve other vehicles – negligence or defect. So, basically, it’s always going to be one out of the two.

The burden of proof

In a case of the kind, the burden of proof falls towards the one who’s claiming the damages – that would be the passenger. The solution is only logical. He needs to prove that the driver acted negligently and that this negligence caused the accident. Furthermore, he can only claim damages which derived from this particular accident – this is the proximity link.

Two-Vehicle Accident

If the injured passenger was involved in an accident, as a result of the negligent behavior of a third-party other than the operator of the motorcycle – he can claim damages from the at-fault party. This is particularly considerate as it takes the strict responsibility off the shoulders of the operator of the motorcycle. It’s quite fair and the victim is compensated for the mental and physical injuries endured.

The truth is that, even though these cases are fairly simpler than other personal injury ones, you would still have to take quite a lot of things into consideration. They require knowledge of the law and that’s why it is absolutely advisable that you engage the services of a professional lawyer in Ontario. This way you can guarantee that your rights are being properly sought after and that you get the required legal representation in court to handle the matter.

The truth is that the weather in Ontario can get rather rough during the winters. However, once the spring comes and it starts getting warm again, people get on their bikes and start cycling. This is a great endeavor. It allows you to get from point A to point B particularly fast and it’s environmentally friendly. However, it’s also rather dangerous. Even though you are going to wear protective gear, being involved in an accident usually means pain – lots of it. The reason is quite obvious – the collision between a 500 pound vehicle and a 25 pound bike won’t ever be good for the latter.

Now, there is a new phenomenon which is obviously catching up to speed in Ontario and it’s called dooring. This term relates to the event in which a driver opens his door on his parked car without paying attention to whether or not there is a cyclist and the entire thing results with an accident.

Now, the driver of the car is going to claim that he did everything right – he pulled over, turned off the ignition, looked both ways and opened the door. Then, suddenly and out of the blue the cyclist smashed into the door. On the other hand, the cyclist is going to claim that he was paying close attention to the conditions on the road and that the driver failed to exercise the necessary care to look around and ensure he could open the door without any issues.

Highway Traffic Act of Ontario

Unfortunately enough, the Highway Traffic Act of Ontario does not provide any legal solution to this particular type of case, specifically. This is due to the fact that it’s a fairly new phenomenon and it could only appear in heavily populated cities. This is of little relevance, however, because it’s obvious that the type of accident needs regulations.

As it turns out, the driver could be held liable in dooring accidents. The accident has derived from the use or the operation of a motor vehicle. The law does not make a thorough difference between whether the motor vehicle was actually moving or not. With this in mind, the cyclist can thoroughly claim all of the regular benefits.

The benefits can be for both physical injuries and pain and suffering and are of the same amount as if the regarded was a regular accident involving a motor vehicle. Regardless of this, it’s important to make a strong legislative change and specify strict liability in situations of the kind. This is a serious matter which is posing threat to citizens and it needs specific regulation. Using derivative provisions leaves a potential case open to appeal which can jeopardize the just solution. If you are one of the victims of such an accident, it is important to consult with a personal injury lawyer and ensure that your rights are protected. With many experienced legal services, it is easy to select the right lawyer for your requirement.

Motorcycle accidents are rather common in Ontario as there is a fairly large number of bikers. Once the weather starts to get warmer, this becomes a preferable method of transportation and means of spending leisure time for a huge amount of people. The reasons are different – from the well maintained roads and the beautiful nature in the province, the incentives are numerous. However, being involved in a motorcycle accident is without a doubt something tremendously daunting and potentially devastating.

Motorcycle accidents, just like highway accidents find regulation in the Insurance Act of Ontario as well as the Highway Traffic Act. With this in mind, those pieces of legislation are particularly comprehensive and provide clear guidelines as to what constitutes an accident and how its development goes.

What is more, within the Insurance Act of Ontario, you are going to stumble upon the so called Rules of Fault Determination. These are regulations which are going to provide the proper distribution of fault in any accident which involves motor vehicles, regardless of whether they are motorcycles or cars, trucks and whatever. There is a specific rule which is particularly paramount for the development of each and every motor vehicle case in Ontario. This is the so called “No fault” rule. This rule stipulates that regardless of who’s the at fault driver, the insurance company is going to handle the compensation.

Now, keep in mind that motorcycle accidents are much more severe than regular car crashes. This is due to the fact that the cyclist is absolutely exposed. The only thing that’s going to help him out is his protective gear and that’s widely insufficient when it comes to it. There is no additional support from the roll bars of the car nor airbags and other safety mechanisms. This is why motorcycle accidents usually end up with tremendous injuries and even with death in a lot of instances. This is more with motorcycles as there is no auto body to lower the impact and the driving speed is usually high which translates as more severe injuries and death.

This is why the aforementioned rule has a huge impact. Instead of directing the claim towards the other driver, the victim has to claim his compensation from the insurance company. Of course, this doesn’t mean that fault isn’t going to be assigned. The insurance company itself is going to conduct its own investigation in order to determine the faulty driver. This is done so that his premiums can be increased accordingly because his risk rate has increased as a result of the accident. As you can see, there are quite a lot of things that you’d have to take into proper account when it comes to personal injury law and especially when it comes to motorcycle accidents. It is highly advisable that you get the help of a personal injury lawyer. They have the experience to deal with law enforcement and other government services.