Yellow Light and Left Hand Turn Accidents – Who’s At Fault?
In the legal industry, we often see cases where both drivers involved in a motor vehicle accident believed they had the right of way. These accidents could likely have been […]
What is an Accident?
An accident is defined as an unfortunate incident that happens unexpectedly and unintentionally that could have been prevented had circumstances leading up to the accident been recognized and acted upon,
Who’s At Fault: I Hit A Pedestrian Jay Walking
Drivers and pedestrians have a shared responsibility to use the roadway with care. In pedestrian-motor vehicle accident cases involving jay walking, both parties are generally found at fault. The degree
What To Do After A Car Accident
Car accidents are unfortunately common. In the best case scenario, they are minor in nature and just ruin your day. On the other hand, they can result in serious injuries
Leaving the scene of an accident
Being involved in a motor vehicle accident can be a scary and unnerving experience. Nevertheless, if you are involved in a motor vehicle accident you must remain at the scene.
An Overview of Accident Benefits and How to Build Your Accident Benefits File
This article written for paralegals provided an overview of the accident benefits (“AB”) system and tips for building up an AB file.
Road Authority Claims and the “Ordinary Driver”
This article (co-authored with Roger Oatley) examines road authority claims in light of the 2010 Superior Court of Justice decision in Deering v. Scucog (Township) et al.
Parties under a Disability: Court Approval and Guardianship
Where a settlement is reached on behalf of a child or on behalf of a person who is mentally incapable of making financial decisions the settlement must be approved by the Court. The Court reviews not just the amount of the settlement but the investment and proposed management of the settlement funds. This article discusses various issues relating to the approval of settlements.
Motorcycle Safety Gear
Even though motorcycles are inherently more dangerous to operate than passenger cars, we are seeing an increase in the popularity of this mode of transportation. In an effort to reduce the risks of riding a motorcycle, enthusiasts are taking considerable steps to protect themselves through the use of sophisticated safety gear. Some examples include protective gloves, plated or padded jackets, reinforced boots and protective pants.
What Is An Accident?
A person must be involved in an “accident” to be entitled to statutory accident benefits from their motor vehicle insurer. In its everyday use the word accident describes an untoward event which is not expected or designed. There are two questions to ask when determining whether an incident is an “accident” under the SABS. First, did an intervening act cause injuries that would not be part of the ordinary use or operation of a vehicle? Second, was the use or operation of the vehicle a direct cause of the injuries?