The person that has filed a personal injury claim has suffered losses and injuries. Those have forced the injured victim to cover some unexpected expenses. All this has happened at a time when the victim’s ability to earn a living has been compromised. (more…)
One section of Ontario’s Insurance Act sent a clear message to the bus riders in that Province. Some riders referred to that message as the no crash, no cash rule. According to that rule, a bus rider could not collect any damages for injuries suffered during a ride, unless the rider’s bus collided with an automobile or other object. (more…)
Lawyers have lots of experience with carrying-out the tasks that are part of preparing for a trial. In fact, those members of the legal profession even have a term for the process that gets carried-out inside of a courtroom. Lawyers refer to that as the litigation process. (more…)
In Ontario, the Workplace Safety Insurance Board compensates those employees that have become the victim of a workplace injury or a work-related disorder. That compensation ensures the delivery of a number of timely benefits. Still, there can be times when an employee would like to seek a larger amount of money. (more…)
A hint of the effects became available to authorities in all municipalities, including Ontario, in 2016. That year some researchers studied what could happen when driverless vehicles travel on the road. Those researchers found that it was best to have a driver in each vehicle, as a precaution. That driver could take corrective action, in the event of an emergency. (more…)
Not everyone that has been injured can file a personal injury claim. Those that have the legal right to take that action have been injured by someone that committed a careless and neglectful act. That negligent act placed the person that performed it in the group of those men and women that must appeal for help to their insurance company. (more…)
According to the Occupiers’ Liability Act, both owners and occupiers of property have a duty of care towards those that make a legal entrance onto those owned or occupied premises. In other words, an occupier can be held liable for any injury caused by an accident that took place on the occupied premises. (more…)
Some personal injury lawyers in Ontario have shown an interest in some recent findings about collisions between motorists and bicycle riders. The lawyers chose to study those findings, upon noting the increased number of adults that had elected to commute to work by means of a two-wheeled vehicle.
The researchers that took part in the study reviewed by the lawyers had focused on hits to the rear of the impacted bicycle. Out of all the hits studied, 87% involved an impact on an adult rider. Moreover, a large number of those same collisions occurred during hours of daylight. The acts performed by a motorist that might cause an accident with a bicycle include engaging in distracted driving or not yielding the right of way, especially at a corner.
How those acts and the study findings relate to certain pictures shared on the Internet
On July 10, 2019, a fair number of Internet viewers chose to share a picture that had been taken in China. That picture showed a woman trying to get insurance money by pretending to have gotten hit by a motorist. She wanted to claim that the motorist turning a corner had hit her, while she was riding her bicycle.
What does the law say about compensation for bicycle riders?
According to the law, a bicycle rider can seek compensation if an auto-bicycle collision was caused by the involved driver. Naturally, the legal system leaves it up to injury lawyers in Sault Ste. Marie and the insurance companies to determine who should be named at-fault for any given collision. That fact then makes it clear that an attorney for a client with a personal injury claim may have an added responsibility.
What message should the shared pictures be sending to personal injury lawyers?
Those pictures should underscore the significance of the evidence produced in support of a personal injury claim. In other words, an attorney representing someone that claims to have been hit while riding one of the many bicycles on Ontario’s roads should take the time to confirm the veracity of the client’s statement.
In order to confirm that statement’s veracity, it would help to seek out and speak with witnesses. It would also help to search for any cameras in the vicinity of the collision, cameras that might have been focused on the accident site.
In the absence of witnesses or cameras, it would make sense to have a good look at the defendant’s/motorist’s vehicle. Did it have any scratch or any place where paint from the bike had rubbed onto some surface? Such evidence would work to support the claims being made by the client with the personal injury case. Certainly no lawyer wants to defend a client with a baseless allegation.
Typically, someone that has filed a personal injury claim seeks compensation from a negligent individual. The careless and neglectful actions of the person targeted by the claim caused the injuries that were suffered by the claimant. The same cause and effect relationship do not exist in instances of intentional tort. (more…)