Blog – Neinstein Personal Injury Lawyers
Hit and runs continue to be an issue across Canada
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Taking responsibility for your actions is an important part of being a driver. When you’re operating a vehicle that could hurt yourself and others, it’s important that if an accident occurs, you always stop the vehicle to check that everyone involved in the incident is alright.
If you’re involved in a collision, this is extremely important since stopping can make a difference whether someone arrives at the hospital on time. It’s also the right thing to do and if you don’t, there will be criminal charges laid against you.
In mid-June, a 19-year-old Keswick man was charged with criminal negligence causing death, dangerous driving causing death and failing to stop at the scene of an accident causing death after he hit a cyclist at Davenport and Avenue Road.
The 26-year-old cyclist was attempting to turn east from Avenue Road onto Davenport Road, when he was struck at the intersection. The cyclist was taken to the hospital with life-threatening injuries and he died at the hospital.
The Keswick man failed to remain at the scene of the crime, but he turned himself in 12 hours later, according to the Toronto Sun. The driver was recently released on a $10,000 bail, along with conditions such as not being allowed to drive, ordering him to continue living with his parents and having a required curfew between 11 p.m. to 6 a.m. His court date is set for late July.
In another case in Edmonton, police are looking for additional suspects after a truck hit a motorcyclist in mid-July, according to CTV Edmonton. The motorcycle was heading northbound when the truck turned left and hit the vehicle. The driver fled the scene, but was soon stopped by witnesses, who told police that two other men and a woman also ran from the scene. A woman has since been taken into custody. Meanwhile, the motorcyclist suffered non-life threatening injuries.
Whether you’re the driver or a passenger in a vehicle, everyone involved in a crash must remain at the scene. Being involved in a hit and run accident makes the issue worse.
For any driver, an accident is a traumatic experience. It’s important to know what to do when you’re involved in an accident, which includes staying put to ensure everyone is OK. Determine whether you need to call 911. If there’s no need to and you’ve exchanged driver information and taken pictures of the accident, then it’s alright to leave. Remember, don’t make a bad situation worse by being involved in a hit and run accident.
Accident benefits are available to anyone involved in a motor vehicle accident regardless of their role in the accident. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all accident related issues throughout Ontario for over 45 years. We know how to get you the compensation that you deserve and get your life back in order after being in a car accident. Call us at 416-920-4242, set up a free consultation, and come speak with us.
Toronto looking to update its dangerous dog bylaw
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The City of Toronto is looking into stronger dangerous dog legislation with a motion at an April City Hall meeting. Councillor Mike Layton introduced a motion that calls for the Municipal Licensing and Standards department to look into amending current animal bylaws.
This request comes after a 2012 dog attack where a young girl’s face was mauled by a rescued street dog, according to the Toronto Star. Ombudsman Fiona Crean analyzed the city’s response to the issue in her 2014 annual report and found that the incident was not handled well.
“The investigation found the O family was not well served following the bite. Their interactions with Animal Services were fraught with excessive delay, a lack of clarity about the process, a failure to deal effectively with an apparent conflict of interest and an officer who made insensitive and unprofessional comments,” says the report.
After the 2012 incident, the ombudsman recommended increased training about existing policies and governing legislation as well as conflict of interest; adherence to record-keeping guidelines; and a complaint handling protocol for Animal Services, which were all adopted by the city.
The city has bylaws if someone is bitten by a dog where the dog owner is liable if the dog bites another person or another dog. But there is no legislation on how to handle a dangerous dog, which other Canadian cities have adopted.
Recently, a Thunder Bay dog owner was found not guilty of criminal charges after his Old English Bulldog attacked an 11-year-old boy, according to CBC News, however his dog was put down approximately after the incident. On November 2012, a dog attacked the 11-year-old’s face which required 65 stitches. The owner was charged with criminal negligence causing bodily harm and unlawfully causing bodily harm. The judge said he couldn’t find any details in the case where the owner could have acted differently to prevent a dog bite, according to CBC News.
While in late December, a senior was attacked by two pit bulls outside a dollar store in Langley, B.C. The attacks happened on the same day an infant was mauled by his family’s pit bull-Rottweiler cross, according to the Vancouver Province. The family decided to put the dog down and the senior’s condition but the attacks renewed debate on whether pit bulls should be kept as pets.
A decade ago, Ontario made the controversial move to implement a pit bull ban, which appears to be effective in lowering dog bite rates in Toronto, but whether breed specific bans work continues to be a contentious topic.
Sometimes accidents happen and Neinstein Personal Injury Lawyers are here for you if they do. The personal injury and accident lawyers have been handling all types of injuries for over 45 years including injuries caused by dog attacks. We understand the impacts injuries can have on you and we can help fight your case. Call us at 416-920-4242. Set up a free consultation and come chat with us.
June was a deadly month for car accidents on Ontario roads
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The weather may look nice outside, but drivers need to continue practicing safe driving habits.
This June was particularly deadly with 27 deaths related to road accidents between June 1 to 21, according to the OPP. These deaths were caused by 23 collisions with poor driving behaviour the main reason behind many of these accidents.
“These senseless road deaths are revealing the same causal factors over and over again,” said OPP Deputy Commissioner Brad Blair, Provincial Commander, Traffic Safety and Operational Support in a press release.
“Until all drivers stop speeding, driving impaired or distracted and ensure that everyone in their vehicle is buckled in, history will continue to repeat itself and innocent people will continue to die on our roads.”
At the end of June, there were 129 deaths caused by road accidents with speeding cited as the most common reason for accidents.
As of June 21, 28 people died in accidents related to speeding, 23 people died in accidents related to distracted driving and 14 people die from intoxicated driving, either by drugs or alcohol.
One alarming factor found in the June statistics was the number of multiple fatality collisions, Blair told the Toronto Star.
“There were two triples and four doubles . . . in six collisions you’ve got 14 killed,” he said, noting these accidents happened in Dufferin and Lanark counties and Midland area. These collisions were head-on when one vehicle crossed over the line or when a driver lost control after hitting the shoulder of the road.
With the upcoming warm summer months as the prime time to head out on vacation, over the Canada Day long weekend, the OPP launched an Aggressive Driving campaign.
“Safe drivers refrain from behaviours such as speeding, following too close, making unsafe lane changes and road rage – something drivers should never let influence their driving,” said Blair in a press release.
“We want to see all drivers adopt safe driving behaviours and take pride in the excellent example they set and for their contributions to helping us save lives on our roads.”
While on the roads, if you see someone engaging in dangerous driving behaviour, call 911 to help keep other drivers and road users safe.
Motor vehicle accidents happen and accident benefits are available to anyone involved in a motor vehicle accident regardless of who caused the accident. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all accident related issues throughout Ontario for over 45 years. We know how to get you the compensation that you deserve and get your life back in order after being in a car accident. Call us at 416-920-4242, set up a free consultation, and come speak with us.
Uber looking to seal insurance documents
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Uber’s ride sharing service has been touted as disruptive technology that could change our local cab industry, but some details of the service have municipal governments concerned.
Last November, the city of Toronto filed an injunction against UberX to put a stop to its ride sharing service due to concerns that it was putting residents at risk. Some of the issues pertain to how drivers were hired, trained and the insurance coverage that is available to drivers and their passengers.
Earlier in March, Uber filed an injunction asking the Ontario Superior Court of Justice to allow the company to seal the details of its insurance policy as they claim once its disclosed, it’ll affect its competitive advantage, according to the Toronto Star.
The insurance policy covers up to $5 million for drivers, but the company is secretive with the details and very few people have seen it, according to the Star. The company is concerned that since the insurance policy isn’t a standard automobile liability policy, if it’s made public, competitors will be able to copy its terms.
“I am not aware of any insurance policy that provided such coverage (or even similar coverage) for this use in Canada, prior to the development of the insurance policy,” said Henry Gustav Fulder, director of insurance for parent company Uber Technologies Inc., in an affidavit, which was quoted by the Star.
The request to seal documents is likely related to the City of Toronto’s injunction, which was scheduled for May, where insurance coverage is a key issue in their case, says the Star. Both sides participated in hearings that wrapped up in early June with the judge ruling that the ridesharing service should not be halted.
The City of Mississauga also began the legal process to file an injunction against Uber, but it held off until the results of Toronto’s injunction.
Currently, Uber also operates in several Canadian cities including Ottawa, Montreal, Quebec City and Edmonton with plans to launch in Gatineau and Hamilton.
The service has faced criticism about liability if an Uber driver and passenger are involved in an accident and whether the individual driver has enough car insurance. Recently, Uber signed a deal with Metromile, a car insurance service that lets riders pay per mile, which offers insurance coverage for Uber drivers in Washington, Illinois and California when they’re driving on behalf of Uber. A device is plugged into the driver’s vehicle to monitor their driving.
There have also been privacy concerns raised about an employee’s use of Uber’s God View tool that lets the company track people’s locations.
While the cheaper cost of a ride may entice you to try the service, be aware that you might be doing so at your own risk.
Whenever you’re involved in a motor vehicle collision, accident benefits are available to you, no matter your role in the incident. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all accident related issues throughout Ontario for over 45 years. We know how to get you the compensation that you deserve and get your life back in order after being in a car accident. Call us at 416-920-4242, set up a free consultation, and come speak with us.
Antipsychotic drug use for seniors living in communities on the rise
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When we grow old, we hope that we’ll be well taken care of, whether we decide to continue living independently, with family or in a nursing home.
With more baby boomers reaching the age of retirement, our current healthcare facilities are overstretched when it comes to providing healthcare to seniors with dementia, which has led to our high usage of atypical antipsychotic drugs.
These antipsychotic drugs are a controversial method to control dementia patients since there are serious risks related to its use, such as doubling the chances of death.
These drugs are meant to treat schizophrenia or bipolar disorder, but they’ve also been used to treat behavioural and psychological issues, such as psychosis, agitation, aggression and other symptoms experienced by seniors with dementia.
“While many physicians who we interviewed find these drugs to be useful tools when managing behavioural issues in elderly patients with dementia, our systematic review suggests that the risks associated with these products may outweigh the benefits in many elderly patients when used inappropriately,” said Tara Gomes, a scientist at Li Ka Shing Knowledge Institute of St. Michael’s Hospital and the scientific lead of the Ontario Drug Policy Research Network, in a press release.
“Furthermore, the rising use of these medications and variation in their use across Ontario suggests that there is a sizeable group of elderly patients who could be treated more safely and perhaps more effectively with other non-drug therapies.”
The use of atypical antipsychotic drugs by seniors living in the community rose by 26 per cent over the last five years, according to a recent St. Michael’s Hospital study. They were used two per cent less in long-term care homes during this timeframe, but use in care homes remains much higher at 328 per 1,000 elderly.
“Although the rate of atypical antipsychotic use is higher in long-term care homes, two-thirds of all users live in the community, and approximately 40 per cent of those starting these drugs in the community end up moving to a long-term care home within one year,” said Gomes.
Antipsychotic drug use varied across the province. The Erie St. Clair LHIN (Sarnia-Windsor area) and the North West LHIN (Thunder Bay-Kenora area) had the highest rates of antipsychotic use in long-term care homes. While the North Simcoe, Muskoka LHIN (Barrie-Orillia area) had the highest rate antipsychotic use in the community. The Mississauga LHIN had the lowest rate of antipsychotic use in long-term care homes, while the North West LHIN (Thunder Bay-Kenora area) had the lowest rate of antipsychotic use in the community.
The Ontario Drug Policy Research Network recently recommended reducing the use of these drugs by finding alternative options to treat these symptoms.
Abuse in a nursing home is a serious issue and if you suspect that a loved one may be a victim, you can file a negligence claim. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling all types of injuries for over 45 years including injuries from negligent medical workers. We understand the impacts injuries can have on your life and we know how to help you. Call us at 416-920-4242. Set up a free consultation and come talk with us.
More bike lanes coming to Toronto
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Toronto’s public works committees approved extending bike lanes in downtown Richmond and Adelaide Street further east to Parliament Street.
Last year, the city launched a pilot project to install separated bike lanes eastbound on Adelaide from Bathurst to Simcoe Street, westbound on Richmond from York to Bathurst Street and northbound and southbound on Simcoe from Queen to Front Street.
The city reported that these bike lanes dramatically increased the number of cyclists on some routes. The number of cyclists on Adelaide tripled to about 1,600 from 500 during an eight-hour period on a weekday and within 24 hours about 2,500 cyclists use this route.
After the bike lane installation on Simcoe Street, there was growth in the number of cyclists using this route also. It encouraged more cyclists to ride northbound, where in the past, the majority of cyclists on this route rode southbound.
The decision still needs approval from city council, which is expected sometime in early July before any changes can be made.
But as more cyclists take to the streets, safety remains a key concern. Recently, more than 100 cyclists gathered at Nathan Phillips Square to protest three fatal collisions within the last few weeks. They gathered for a die-in, where protestors silently laid on the ground with their bicycles.
Advocates hope that the protest will encourage the city to increase the cycling budget to $20 million from $8 million and install a minimum of 100 kilometres of separated bike lanes, which will be connected across the city.
“The goal of today is to send a very clear message to city hall that we need greater action to reduce road fatalities,” Jared Kolb of Cycle Toronto told CBC News.
A recent Toronto Public Health report found that pedestrians and cyclists face a higher risk of injury or death compared to commuters who drive or use public transit. But as more people take to walking or cycling to their destination, the rates of injuries and fatalities decrease since drivers are more likely to slow down when there are more pedestrians and cyclists in the area.
Between 2008 to 2012, 120 pedestrians involved in motor vehicle collisions were killed and during that same time period, 10 cyclists were killed. There were also more than 10,000 pedestrians injured and more than 5,000 cyclists injured from these collisions.
Each year, an average of 2,074 pedestrians and 1,097 cyclists were injured or killed from a motor vehicle collision in Toronto.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling personal injury claims, including bicycle accidents, for clients throughout Ontario for more than 45 years. We know how to get you the compensation you need. Call us at 416-920-4242 to set up a free consultation. Come chat with us!
Rates of hospital readmission higher for TBI patients
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There is still a lot we don’t understand about traumatic brain injuries (TBI), which is why many doctors and researchers diligently research the condition to fill in the gap in our knowledge.
Recently, researchers at the Toronto Rehabilitation Institute discovered that the readmission rates for those with traumatic brain injuries was higher than previously thought.
The study found that 36 per cent of patients with TBI were rehospitalized within three years of their injury for various reasons. The study looked at the records of over 30,000 patients who were discharged from hospitals across Ontario within eight years, which was shown to be higher than the previously reported readmission rates of 25 per cent.
“Re-hospitalizations affects patients’ quality of life and put a strain on the health-care system,” Cristina Saverino, co-author of the study and clinical fellow at the Toronto Rehab, told the Science Daily.
“These findings indicate that we need to consider how to decrease hospital readmissions from TBI patient populations to improve overall efficiency in health care.”
There were some similar factors that showed higher chances of readmission including being male, older and having mental health conditions and already existing health conditions.
On the other hand, the study discovered that our accident benefits plays a part in the risk of rehospitalisation since rates were lower for those involved in a motor vehicle accident.
“We know that patients with TBI resulting from motor vehicle collisions are more than 50 per cent more likely to be discharged with support services than those who sustained their injury from other causes, likely due to supplemental auto insurance,” Dr. Angela Colantonio, senior scientist at the Toronto Rehabilitation Institute told the Science Daily.
“Because these patients appear to use fewer subsequent hospital services, this may suggest that additional care and rehabilitation provided earlier to all people with TBI could reduce the high costs of readmission.”
As many researchers continue to gain a better understanding of the condition, some recent discoveries about TBI include a higher chance of homelessness with 45 per cent of homeless men who participated in a study said they had a brain injury, greater chances of bullying/cyberbullying and attempted suicide for teens who suffered from a TBI and links to substance abuse.
If you have had an accident and are now coping with a brain injury, your life has drastically changed. It’s important for you to focus on your recovery and let Neinstein Personal Injury Lawyers be there to help you. We have handled all types of injuries for over 40 years. We understand the impacts they can have on you and we can help fight your case. Call us at 416-920-4242. Set up a free consultation and come chat with us.
Federal government introduces new dangerous and impaired driving legislation
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When a person gets behind the wheel while impaired, they’re endangering themselves and other drivers, cyclists and pedestrians around them.
Recently, the federal government proposed tougher legislation, the Dangerous and Impaired Driving Act, to crackdown on drunk drivers. The government committed to harsher consequences in its 2013 throne speech.
“We are sending a strong signal to those who choose to drive impaired, that this behaviour is not only unacceptable but is also creating a serious risk to public safety and putting everyone on the road at risk,” said Minister of Justice and Attorney General Peter MacKay in a press release.
“Those who break the law must face the consequences of their actions and not at the expense of the innocent lives of law-abiding Canadians.”
Some of the tougher penalties proposed in the legislation include harsher consequences for repeat offenders, tougher maximum penalties for transportation related offences and new mandatory minimum penalties for impaired driving and refusal cases that cause bodily harm and death.
This includes doubling the maximum penalty for offences without bodily harm or death on indictment to 10 years imprisonment from five years and for summary convictions (minor criminal offences that are decided without a jury trial or an indictment), raising imprisonment to two years less a day from 18 months.
Also, the maximum penalties for indictable offences causing bodily harm will increase to 14 years imprisonment. The mandatory minimum penalty for summary convictions will be 30 days and for indictments will be 120 days imprisonment. Those charged with impaired driving and refusal offences (when a person has refused to provide a breath or blood sample) causing death will face a new mandatory minimum penalty of six years in prison rather than only a $1,000 fine.
This legislation will also limit the technical defences and tighten disclosure rules related to impaired driving to speed up convictions. This includes no longer allowing the “bolus drinking” defence, which is when drivers claim their BAC is above 80 since the alcohol was being absorbed into their system when they were stopped and while they were driving, it was under that number. There were also be limitations placed on the “intervening drink” defence, which is when the driver claims their high BAC was due to drinking after driving.
In Ontario, the number of impaired driving charges dropped in 2014, but there’s been a rise in drug impaired driving charges. Currently, there’s a report in the works by the Drugs and Driving Committee of the Canadian Society of Forensic Science that will set guidelines as to the amount of drugs that impairs a person’s ability to operate a vehicle, which can be measured during a drug roadside screening device.
Whether this bill passes remains to be seen with Parliament’s final session coming to a close. This bill will not pass before the summer and it may be affected by the upcoming federal election.
Motor vehicle accidents happen and accident benefits are available to anyone involved in a motor vehicle accident regardless of who caused the accident. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all accident related issues throughout Ontario for over 45 years. We know how to get you the compensation that you deserve and get your life back in order after being in a car accident. Call us at 416-920-4242, set up a free consultation, and come speak with us.
30 km speed limits coming in downtown Toronto
Any drivers in the residential areas of downtown Toronto and East York will soon see lower speed limits.
Councillors within those areas recently passed the proposal to drop speed limits to 30 km/h from 40 km/h, which is expected to pass, according to the Toronto Star.
“What we know is the survival rate if you’re hit by a car at 30 km-h is 90 per cent, whereas if the car is going 45 km-h the survival rate is 50 per cent,” Ward 20 Trinity-Spadina Councillor Joe Cressy told the Star.
“How we ensure pedestrian safety is an all-hands-on-deck approach — it’s speed limits, traffic calming measures, enforcement.”
Councillor Josh Matlow proposed the new speed limit after a seven-year-old was killed in his ward when she was hit while crossing the road. The mini-van driver that hit her was charged with careless driving and new safety measures, such as forbidding right turns on red lights, were introduced.
The change is expected to cost $1.1 million to install 4,450 traffic signs and re-time 310 traffic signals for 387.1 kilometres of roadway, which is expected to take two to three years.
But one drawback from the proposed change is that it could upset drivers, according to a report prepared by the city. Also, additional enforcement resources will be needed to ensure speed compliance and for speed limits to be effective, they need to be compatible with the road’s design and other road environment factors.
“The most elementary method of managing speed is to impose speed limits with the primary purpose to enhance safety by reducing the risks imposed by drivers on pedestrians, cyclist and other motorists,” says the report.
“Research has shown that setting speeds arbitrarily low may not achieve the desired results expected by a community.”
The wards that will be affected include Ward 14, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31 and 32.
Toronto isn’t the only city that’s considering to lower speed limits. Queen’s Park is running consultations around whether to allow Ontario cities or towns to lower the default speed limit to 40 km/h from 50 km/h.
Motor vehicle accidents happen and accident benefits are available to anyone involved in a motor vehicle accident regardless of who caused the accident. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all accident related issues throughout Ontario for over 45 years. We know how to get you the compensation that you deserve and get your life back in order after being in a car accident. Call us at 416-920-4242, set up a free consultation, and come speak with us.
CIHI web tools measures the quality of nursing homes
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Canadians concerned about the quality of a nursing home will now have access to a wealth of data thanks to its inclusion into the Canadian Institute for Health Information’s (CIHI) Your Health System tool. This information will be available across all Canadian provinces through the online tool.
The tool lets the public compare long-term care indicators, such as restraint use in longer-term care, falls in the last 30 days in long-term care and potentially inappropriate use of antipsychotics in long-term care, among more than 1,000 long-term care facilities in the country. These indicators have been collected by the CIHI to determine the safety, quality of life and health of long-term care residents for ten years.
“When looking at the numbers, it is important to consider that each province, region and facility faces its own unique social, economic and environmental circumstances and challenges,” said Brent Diverty, Vice President of Programs for the CIHI, in a press release. “Our data can help identify what practices work well, and where there may be opportunity to consider these best practices to improve the health of residents living in long-term care facilities.
“Many facilities have been using this data in their quality improvement initiatives and have seen promising results, before this public report was issued today.”
When we have a loved one in a long-term care home, we hope that they’re being well cared for during their stay. Unfortunately, this isn’t always the case with reports of numerous nursing home violations, high use of antipsychotic drugs and elder abuse. This report offers a glimpse into the measurements used to determine the quality of care in long-term care homes and how it compares to other facilities.
“Comparative performance information allows organizations to learn from those that are doing well and improve care for residents and their family members,” said Maureen O’Neil, the president of Canadian Foundation for Healthcare Improvement (CFHI), in a press release.
The use of restraints can cause injuries and falls, along with lead to the confusion and agitation of residents. Using restraints on a daily basis has dropped within the last few years with the national rate of use dropping to 10 per cent in 2013, from 15 per cent in 2010.
Falls in long-term care homes can have devastating consequences on a senior’s lifestyle or even cause death. The rate of falls at nursing homes within the last 30 days has remained stable around 14 per cent.
The mental health of residents is just as important as their physical wellbeing. One indicator that is used to measure a resident’s mental wellbeing is whether they’ve developed a worsened depressive mood after a certain period of time. Depression can lead to medical and social issues. Currently, the national rate of increased depression is 24 per cent, but BC’s nursing homes perform better at 17 per cent.
Pain also plays a crucial role in a resident’s quality of life, function and mood. The CIHI measured the number of residents experiencing moderate to significant levels of pain and discovered that over the last four years, Ontario residents saw the amount of pain experienced dropping to eight per cent from 12 per cent.
If you have a loved one staying in a long-term care home, the Your Health System is a good source of information to gain a better understanding of the care provided in a home.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers can help ensure that long-term care home residents are receiving proper care. They have been handling all types of injuries for over 45 years. We understand the impacts wrongful death can have on your life and we know how to help you. Call us at 416-920-4242. Set up a free consultation and come talk with us.
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