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Toronto Personal Injury Law Blog

Know these important time limits following a car accident

If you have been injured in a car accident, your first priority is getting the medical treatment that you need. However, there are some important time restrictions under Ontario law that you need to be aware of in order to receive compensation for any damages resulting from the accident.

If the accident was the fault of another driver, you need to start thinking about what action you need to take to seek any compensation you may require to cover medical bills, physical therapy, rehabilitation and lost wages. If you don't take action within these time limits, you may lose your right to recover damages through a lawsuit.

Violent 4-vehicle crash in Windsor brings drunk driving arrest

A violent accident among four vehicles in Windsor miraculously left those involved with only minor injuries. The crash occurred on Jan. 23 near the 7th Concession on County Road 42. It involved a pickup truck, an SUV, a commercial van and a minivan.

Three of the people in the vehicles were taken to the hospital, while three others received medical treatment at the scene. According to one witness, an elderly couple had to be extracted from their SUV by first responders using the Jaws of Life.

What is an 'inevitable accident'?

When you're involved in a car accident, it may seem obvious who the at-fault driver is. However, sometimes a driver who is held liable can argue in court that it was an "inevitable accident." This defence is sometimes used when an accident was caused by factors that were beyond the driver's control.

This can include things like weather or an animal running into the vehicle's path. Essentially, it is something that could not have been reasonably prevented or anticipated by the driver and was not the result of any negligence by the driver. It may be difficult to hold drivers liable if they are able to show that the accident was beyond their control.

Study: Controlled exercise may help heal a concussion

Concussions and other brain injuries are an increasing source of concerns for parents of athletes in their teens and even younger. Too many are never diagnosed or reported, so their true frequency can't be known. Even CAT scans and MRIs sometimes don't detect whether a concussion has occurred.

However, the University of Winnipeg estimated that about 300,000 sports-related concussions occur in Canada each year. In the U.S., the National Institutes of Health estimates the same number for American athletes.

Falls are a real danger after a spinal cord injury

The thought of a spinal cord injury is truly frightening because we all know that it can result in partial or complete paralysis and the inability to walk again. However, most spinal cord injuries -- nearly 70 percent -- are incomplete. That means that the spinal cord hasn't been fully severed. Many victims of incomplete spinal cord injuries can and do walk again with intensive physical therapy and rehabilitation.

However, the process of getting back on one's feet can be a long and arduous one. You may have a reduction in feeling, movement and balance. Therefore, falls can be common. In fact, three-fourths of people who have suffered an incomplete spinal cord injury fall each year. Not only can a serious fall lead to fractures and head injuries, but it can be a setback for the healing process. Even though most falls occur in the home, for people living in Ontario with its cold, icy winters, the possibility of a fall outside is very real as well.

What is social host liability?

Most people are aware that "commercial hosts," such as bars and restaurants, can potentially be held liable if the employees continue to serve a customer alcohol, despite the fact that he or she is clearly intoxicated or if they allow a customer to leave in an intoxicated state and then that person harms someone and/or themselves. However, individuals, or "social hosts" can also be held liable if a guest leaves their home or an event intoxicated and gets into an accident or otherwise causes harm or is harmed because of his or her condition.

It's generally easier to hold a commercial host liable for an injury or death related to alcohol than a social host. However, it's not impossible to hold a social host liable.

Falls are a leading cause of brain injury

While slipping, or tripping and falling, may seem amusing when we see it done on TV or in a movie, these falls can cause serious harm. In fact, falls are one of the leading causes of brain injury.

Many of these falls occur in the workplace. About 60,000 workers are injured annually in falls, and many occur on level ground. Brain injuries are one of the more serious, and sometimes fatal, types of injuries incurred by falls. People can also suffer broken bones, back injuries and other problems that require medical care and rehabilitation.

Accused hit-and-run driver in fatal accident caught

Recently we discussed what to do if you're involved in an accident with a hit-and-run driver. Sadly, these accidents, from fender-benders to fatal collisions, happen far too often in Ontario. Just this month, police arrested a Guelph man in connection with an accident that killed a 24-year-old woman.

The 21-year-old man is facing a host of charges besides those for leaving the scene of the fatal crash. He has also been charged with theft, breaking and entering and possession of property that was obtained by criminal actions.

What happens if you're stuck by a hit-and-run driver?

Hit-and-run accidents can be as minor as a fender-bender and as serious as a fatality. Both federal and provincial statutes in Canada make it a crime to leave an accident scene.

Unfortunately, that doesn't stop people from doing it. Sometimes, they simply panic and drive away. Others hope that they can get away with it. Those who have other pending legal issues, were driving under the influence or perhaps had something illegal in their vehicle may think that it's better to take their chances with trying to avoid dealing with law enforcement.

Boating and alcohol: A dangerous and illegal brew

We often write about the dangers of driving an automobile under the influence of alcohol. However, operating a boat while under the influence can be equally deadly and is illegal.

Boating is of course a popular activity in Canada. After all, we have the longest coastline in the world. We also boast the largest concentration of freshwater lakes.

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