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Car Accident Case Testimonial – Meet Kasey

Kasey was on his way home from volunteering for a youth facility, when everything in life changed instantaneously. He was suddenly struck head-on by a drunk driver who crossed two lanes of traffic, leaving him pinned in his car. Kasey suffered numerous serious injuries, including a shattered wrist, a fractured pelvis and a dislocated leg.

https://lernerspersonalinjury.ca/clients/car-accident-case-testimonial-meet-kasey/

Accidents abroad: protect yourself part 2

In part 2 of our mini-series on accidents abroad, Kitchener litigation lawyer Graham Bennett discusses what you should do if you get into an accident abroad.

Saying “sorry” may be a stereotypically Canadian trait, but Kitchener litigation lawyer Graham Bennett says Canadians should resist the temptation to apologize if they get into a car crash outside the country.

http://www.advocatedaily.com/graham-bennett-accidents-abroad-protect-yourself-part-2-1.html

Are your Long Term Disability Benefits denied? Beware of the Insurer’s invitation to Appeal

It happens all the time: The Insurer denies long term disability benefits and invites an injured person to appeal the denial by providing more medical documentation. The truth is that the policy may not even have a formal appeal process. The Injured person may go back and forth with the Insurer for years trying to convince them through an appeal that she is entitled to Long Term Disability benefits.

http://www.carranza.on.ca/blog/personal-injury-blog/2017/10/10/are-your-long-term-disability-benefits-denied-beware-of-the-insurer-s-invitation-to-appeal

OPP targeting unsafe trucks on day honouring road crash victims

Ontario provincial police are cracking down on unsafe trucks and their drivers Wednesday, which coincides with the National Day of Remembrance for Road Crash Victims.

The commercial vehicle safety blitz is being conducted on Highway 401.

http://toronto.citynews.ca/2017/11/15/opp-targeting-unsafe-trucks-road-crash-victims/

http://rememberroadcrashvictims.ca/en/

Broad Definitions Of “Automobile” and “Accident” For Accident Benefits Claims At The LAT by Maia Abbas

Generally, most accident benefit claims start with the premise that there was an “accident” that involved an “automobile”. However, there are the exceptions which can lead to a perusal of a dictionary and a second or even third look at well-worn copy of the SABS. Two recent decisions from the LAT stand out as such: I.C. and Intact, 2017 CanLII 69443 and B.M. and Aviva, 2017 CanLII 69451.

http://ztgh.com/resources/blog/broad-definitions-of-automobile-and-accident-for-accident-benefits-claims-at-the-lat-by-maia-abbas

Private member’s bill raises concerns about pedestrian liability

Toronto personal injury lawyer Paul Cahill tells The Lawyer’s Daily that a proposed private member’s bill designed to boost awareness about distracted walking raises some concerns.

Cahill, a partner with Will Davidson LLP, says the bill, which would enforce fines much like the ones imposed on distracted drivers, puts pedestrians in a position of fault if they look at their phone and an accident occurs.

http://www.advocatedaily.com/paul-cahill-private-members-bill-raises-concerns-about-pedestrian-liability.html

Defendant’s Loss was not discoverable on the day accident occurred – two year limitation period begins once loss is discoverable

Patrick Moriarty brings a motion for summary judgment for an order dismissing Constance Moriarty’s claim on the ground that it was initiated beyond the two-year limitation period provided by the Limitations Act.

Constance Moriarty was involved in an All-Terrain Vehicle accident on October 13th, 2012.  The vehicle was driven by the Patrick.  She suffered a back injury, fractured ribs, and multiple broken front teeth.  She underwent 2 back surgeries and had to undergo rehabilitation.  She has never returned to her employment. The present action was stared on November 19th, 2014.

https://www.deutschmannlaw.com/blog/post/defendants-loss-was-not-discoverable-on-the-day-accident-occurred-two-year-limitation-period-begins-once-loss-is-discoverable

Impaired driving changes could unfairly punish medical cannabis users, lawyers say

Canada’s proposed overhaul of federal impaired driving rules could unfairly criminalize medical cannabis users, according to an open letter to Ottawa signed by more than 50 criminal defence lawyers.

The letter, which warns that medical marijuana users could be unfairly punished under the proposed system, underscores the challenges to preventing high driving. Experts are divided on just how much THC – the principal psychoactive compound of cannabis – would make someone impaired, and the government is still developing a reliable way to conduct a roadside test.

https://beta.theglobeandmail.com/news/british-columbia/impaired-driving-changes-could-unfairly-punish-medical-cannabis-users-lawyers-say/article36964228/

Crown drops manslaughter charge against driver who ran over man to save woman’s life

The Crown has withdrawn a manslaughter charge against the driver who ran over a man to save a woman who was allegedly being attacked.

Anthony Kiss ran down Dario Romero with his car on June 7 when he saw Alicia Aquino being attacked with a knife at Black Creek Dr. and Eglinton Ave. W. Romero, 37, died at the scene.

https://www.thestar.com/news/gta/2017/11/14/crown-drops-manslaughter-charge-against-driver-who-ran-over-man-to-save-womans-life.html

Automated vehicles bring looming liability challenges for insurers and lawyers

Automobile insurance providers have historically relied on drivers’ individual records, along with statistics about various categories of drivers (traditionally grouped by age and sex), to determine the risk posed by the drivers they insure and to calculate the appropriate associated insurance premiums. A driver’s actions are also significant in determining fault for a collision.

https://www.thelawyersdaily.ca/personalinjury/articles/5154/automated-vehicles-bring-looming-liability-challenges-for-insurers-and-lawyers