Blog – Neinstein Personal Injury Lawyers
Ways to stay safe while running outside
(Photo credit: Josiah Mackenzie/Creative Commons)
If you’re training for a marathon, chances are that you’re taking advantage of the warmer spring weather to prep for an upcoming race.
It’s great to train and get some fresh air while running outdoors, but don’t forget to stay safe while doing so.
Let someone know where you’re headed
Before heading out, always let someone know the route you plan to take and about how long you expect to be gone. This way, if you’re gone for longer than expected, a partner or loved one will know where to look for you.
Also, make sure you carry ID on you, as well as your cell phone with any emergency contacts, to assist you in any emergency situations.
Avoid areas with heavy traffic
It’s more difficult to focus on your running if you’re dodging cars or pedestrians. Avoid running in parking lots since drivers may not spot you, especially if they’re backing out, and it’s not ideal to breathe in exhaust fumes while running either. Avoid heavy traffic by not running during rush hour.
When running near pedestrians, cyclists or other runners, if you’re planning on passing them, let them know which side you’re approaching from to avoid an accident and any injuries. Also, always check behind and in front of you before stopping or turning around.
Don’t assume cars will see you
We always hope that drivers are attentive while behind the wheel, but runners should always make eye contact with a driver before running in front or behind their vehicle. If you’re an early morning runner or late night runner, proceed with excess caution since drivers may expect fewer obstacles during this time of day and they may be tired or paying less attention while driving.
Also, just because you have the right of way, don’t expect that all drivers will give it to you. The best way to protect yourself is to run against traffic since this way you will clearly see when a vehicle is approaching, which gives you time to react to an unexpected situation.
What you wear also affects your visibility, which is why it’s important to don brightly coloured and reflective clothing, especially during the evening. If you don’t have any, wear a reflective vest. Consider wearing a headlamp or a handheld lamp to notify drivers of your position when it’s dark out, which also helps you see.
Run in a group
When there’s a pack of runners in an area, drivers are more likely to spot them. If you’re running at night, running in a group may also make you feel safer.
Don’t be distracted while running
While it’s hard for many runners to train without any music, it’s important that you aren’t completely unaware of your surroundings since being able to hear oncoming traffic affects your reactions. If you do run with music in your ears, make sure the music isn’t being blasted or run with only one earbud in.
If you are involved in a pedestrian-vehicle accident, the personal injury and accident lawyers at Neinstein Personal Injury Lawyers have handled personal injury claims 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!
Neinstein’s Greg Neinstein awarded BIST’s Volunteer of the Year award
Neinstein Personal Injury Lawyers’ Managing Partner Greg Neinstein was recently recognized by the Brain Injury Society of Toronto (BIST), a non-profit organization that supports Acquired Brain Injury (ABI) survivors, as their volunteer of the year.
Greg has been a volunteer with the organization for the last ten years and since 2009, he’s dedicated countless hours as the chair of the Mix & Mingle event, which raises awareness and funds for those living with acquired brain injuries.
“When I first started volunteering with BIST and the Mix & Mingle I was touched by the work that you guys do,” said Greg in his acceptance speech. “I knew I wanted to be a part of this special organization to help make a difference in a meaningful way.
“This journey that I embarked on in the last 6 years taught me that togetherness, or working with many towards a common goal is a very powerful thing.”
Since 2009, the Mix & Mingle event grew from 100 attendees to about 700 attendees. Last year, the event raised $150,000 and since Greg took on the role of the chair, the event has raised more than $500,000.
Greg is a passionate advocate for ABI survivors, which he demonstrates when defending their claims in court, but he also spends a great deal of time raising awareness about the issue. Community volunteerism has always been important to Greg and he encourages everyone to get involved, stay engaged and give back through volunteering your time and skills.
“Through volunteerism, we can make BIST a force to be reckoned with and bring more programs to ABI survivors and ensure that support is always available to those who need it,” said Greg.
“I will continue to do my best for this amazing organization that I feel blessed to be a part of.”
Change to prejudgment Interest applies to all motor vehicle claims
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When you are involved in a car accident and you decide to file a claim, it can take a while for the case to make its way through the courts. In the meanwhile, you are forced to incur costs related to your recovery or to the damage related to the incident.
As a result, a court’s judgment will include prejudgment interest (PJI), which will apply from the date the plaintiff serves notice until the time a judgment is made. The rates are listed in the Courts of Justice Act, s. 127.
A recent ruling by a Superior Court of Justice determined that these updated rates apply to all motor vehicle accident claims, despite when the loss occurred.
For example, in January 1 of this year, an amendment to the Insurance Act led to a change in the calculation of the PJI. In Cirillo v. Rizzo, the plaintiff was involved in a motor vehicle accident in 2005 when he was struck by the defendant’s vehicle while walking. In March 2014, the defendant made an offer to settle for $50,000 for all claims, including non-pecuniary damage, plus prejudgment interest from the date the claim was served to the date the offer was accepted.
On January 26, the plaintiff accepted the offer, but this acceptance comes after the Insurance Act amendments came into effect. Due to this change, the prejudgment interest rate for non-pecuniary damage dropped to 4.5 per cent each year from the five per cent each year, when the offer was first made.
The plaintiff argued the settlement should utilize the rate before the change since the amendment to the Act is substantive and it should not have a retroactive effect, while the defendant argued the settlement should utilize the rate after the change since the Act’s amendment is procedural and should have retroactive effect.
If the plaintiff’s argument succeeded, he would receive an interest amount of $19,975 and if the defendant’s argument succeeded, the plaintiff would receive an interest amount of $17,977.50 for a period of 7.99 years.
The judge ruled in favour of the defendant, which means that the newly implemented PJI rate will apply to all motor vehicle claims, despite the date of when the incident occurred, which means defendants may pay less, but plaintiffs may receive less to assist them with their recovery.
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.
Ontario government continues to reduce auto insurance coverage
(Photo credit: andyreis/SXC)
When you are involved in a motor vehicle accident, your automobile insurance is expected to help cover the cost of your recovery and any damage done to your vehicle or anyone else involved.
Unfortunately, the Ontario government has introduced changes that will restrict the amount of coverage a victim will be entitled to from their insurance provider.
The definition of catastrophic injuries is expected to become restrictive and follow medical evidence, which unfortunately means that clients who once qualified for this coverage by combining physical and psychological damages will no longer be able to do so.
Also, the coverage available to those with catastrophic injuries will be effectively cut in half since victims will be limited to $1 million for both med/rehab AND attendant care together. In the past, victims had a $1 million limit for med/rehab and a separate $1 million limit for attendant care. There will be optional coverage offered to boost coverage to $2 million, but it’s not expected many people will choose this option. Along with that, med/rehab benefits will be reduced to five years from 10 years, except for children.
Non-catastrophic injury coverage will also be reduced with the limit for med/rehab and attendant care dropping to $65,000 from $86,000. There will be optional coverage made available to increase this coverage to $1 million.
These changes to attendant care and medical and rehab benefits comes after the government already quietly added restrictions to these claims.
Also, non-earner benefits, which is when a victim doesn’t qualify for income replacement benefits and isn’t able to carry on with their normal life, will only be provided for two years after the accident.
The Insurance Act will see further amendments, which will tie the deductible amount to inflation, and will affect the tort deductible. These changes will all affect a victim’s recovery.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling motor vehicle accident injuries for clients throughout Ontario for over 45 years. We understand the impacts injuries can have on your life and know how to help you. Call us at 416-920-4242. Set up a free consultation and come talk with us.
Ontario drivers overpaid auto insurance by $840M in 2013
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Car insurance is mandatory for all drivers and Ontario drivers are likely aware that they pay some of the highest insurance rates across Canada.
But a recent study commissioned by the Ontario Trial Lawyers Association (OTLA) shows that Ontario consumers may have overpaid between $3 to $4 billion in auto insurance between 2001 to 2013.
In 2013, consumers overpaid auto insurance by $840 million and based on that year’s profit data within the insurance industry, insurance premiums could be dropped by 7.9 per cent, wrote the study’s co-authors, Fred Lazar and Eli Prisman, both professors at York University’s Schulich School of Business.
“Auto insurance companies in Ontario have had a relatively free ride during the past 20 years,” according to the report.
“A modest reduction in the operating cost assumption can produce savings in the hundreds of millions annually for consumers of auto insurance in the province.”
The study examines the profitability of the industry that influences the Return on Equity (ROE) rates set by the Financial Services Commission of Ontario (FSCO), which is used as a benchmark when an insurance company’s rate filings are reviewed.
In October 2014, the FSCO replaced its 11 per cent ROE with a new six per cent Return on Premium, which the report’s authors say is “out of line with current financial market realities” and “will result in significant cost increases for all policyholders.” In fact, insurance premiums would have risen by $275 million if this policy change was implemented last year and the change is equal to a 12 per cent ROE, says the study. Instead, the report recommends setting a ROE benchmark of 5.7 per cent, which is equal to a Return on Premium of 1.8 per cent.
Based on the report’s results, the OTLA wants the province’s auditor general to review how car insurance rates are set, according to CBC News.
Recently, the Ontario government passed legislation to reduce car insurance rates. While drivers may be tempted to save money on car insurance it’s important that you check to ensure that your car insurance is legitimate to avoid being a victim of auto insurance fraud.
In the unfortunate scenario where you need to collect vehicle accident benefits due to an injury, the personal injury and accident lawyers at Neinstein Personal Injury Lawyers can help. They 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.
Don’t be involved in a hit and run collision
(Photo credit: Richard Masoner/Flickr)
If you are involved in a car accident, it’s important that you stop, check that everyone is alright and exchange driver information. If someone is hurt, it’s your responsibility to wait at the scene until authorities arrive.
Being involved in a hit and run collision is much worse than being involved in a motor vehicle accident. If you flee the scene, you could be charged with a criminal offence.
On the afternoon of March 14, a female driver was involved in a collision at Lansdowne Ave. and Dupont St. During the incident, it’s alleged that one vehicle was rear-ended while stopped at a red light, according to police. When the driver and passenger of the rear-ended vehicle got out of the vehicle to exchange information, the driver in the other vehicle sped up, hit them and fled the scene. The two men in the rear ended vehicle will recover and police discovered the other vehicle was stolen.
They’re currently looking for the driver of the stolen vehicle, Annatby Ditthavong, who’s wanted for charges of theft of a motor vehicle; two counts of assault with a weapon; dangerous driving; failing to comply with recognizance and failing to stop at the scene of an accident.
In another incident on February 18, a 58-year-old woman died after a hit and run accident at Sherbourne St., south of Dundas St. E. Police arrived at the scene at 1:07 a.m., after a vehicle allegedly struck the woman, who was on the road, while travelling southbound on Sherbourne St., according to Toronto Police. The driver failed to remain at the scene and the woman suffered life threatening injuries, where she was pronounced dead after arriving at the hospital.
After releasing a description of the vehicle involved in the collision to the public, police arrested Tomas Velazco Pinedo two days later. He was charged with impaired driving causing death; criminal negligence causing death; dangerous driving causing death; failing to stop cause death and attempting to obstruct justice.
Meanwhile, police recently charged the TTC bus driver involved in the hit and run accident involving a 14-year-old and a bus. The teen was hit by the bus at the corner of Finch Ave. E. and Neilson Rd. after she disembarked from the bus on Dec. 19, 2014. The bus driver left the scene and he was charged with dangerous driving causing death and failing to remain at the scene of the collision. The accident led the TTC to expedite its 12-Point Safe Service Action Plan.
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.
Would you ride your bicycle along a highway?
(Photo credit: Simon Law/Creative Commons)
As the weather gets nicer outside, more and more people may consider biking as a way to get to and fro. More Canadians have adopted cycling as a mode of transportation, but is it safe enough to be riding near highways is a question cyclists ask themselves.
Last spring, the province announced $25 million in funding over three years which will go towards developing Ontario’s cycling infrastructure. Ten million dollars will go to municipalities to help them improve their bicycle infrastructure, while the leftover $15 million will go towards building bike areas, such as paved road shoulders, on provincial highways and bridges.
This funding also means that anytime there are changes to provincial roads or bridges, the possibility of cycling infrastructure will be considered, bike advocates told the Toronto Star. Since 2010, the province has added 112 kilometres of paved shoulders along provincial highways. This money is a part of the province’s 20-year #CycleON plan that aims to promote more sustainable transportation methods, along with healthier and more active living.
Ontario cyclists have the second lowest injury rate across Canada, but there’s still work to be done to ensure safe road sharing.
The Ontario government revived a bill which, if passed, would require drivers to maintain a one metre distance from passing cyclists, along with other cycle safety infrastructure changes.
But one group of cyclists is looking to take the province’s move a step further. The Vaughan Bicycle User Group proposed cyclist- and pedestrian-friendly options for the proposed 400-series highway that’s expected to connect Vaughan to the northern Halton Region, according to the Star.
One of their suggestions is to build a cycling lane that runs parallel to the highway, which should be at least three metres wide. The province told the Star they have no plan of implementing this suggestion on the proposed highway and any other 400-series highways since there are safety concerns.
As many cyclists will tell you, they’ve likely run into one or two dangerous situations, whether it’s a dooring incident or someone not checking their blind spot before switching lanes. It’s important to know what to do if you’re involved in a bicycle accident.
Toronto’s newly hired Manager of Cycling Infrastructure and Programs hopes to improve cycling safety in the city and she plans to measure the office’s success with the number of female cyclists out on the roads, she told Metro News Toronto. She’s basing her measurement of success on a recent study by Ohio University which found that women are “more sensitive to being close to bicycle trails and paths.”
A 2009 Toronto Cycling Survey found that 43 per cent of female cyclists rode their bikes as a mode of transportation, while 57 per cent of male cyclists rode their bikes for this purpose. This is an improvement from 2006, which saw a 35 per cent and 65 per cent split for females and males, respectively.
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, including bicycle accidents. 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!
Adapt to proper driving conditions on highways
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With vehicles travelling at fast speeds on the highway, losing visibility affects a driver’s ability to adapt to unexpected situations. Whenever the weather outside is dicey, drivers need to adapt accordingly since it makes a difference as to whether you arrive home safely.
This winter, a number of accidents occurred on Highway 401.
Near the end of 2014, a 39-year-old woman died from a single-vehicle collision near Milton. The Kitchener woman was travelling westbound on Hwy. 401 in the early afternoon when her vehicle drove into a ditch and hit some trees on the north side of the highway. The OPP told the Toronto Star they were unsure why the car left the road, but the chance of a vehicle rolling into a ditch is more likely while travelling on rural highways. There’s also a greater chance of a rollover and it’s important that all passengers wear their seatbelts and drive according to posted speed limits.
At the beginning of 2015, there was a multi-vehicle pileup on Hwy. 401’s eastbound lane near Kingston, due to slippery roadways. It was speculated that about 75 vehicles were involved in the pileup, which shut down the section of the highway for about five hours since tow trucks needed to help clear the damaged vehicles. On New Year’s Day, some areas of the highway had snow of up to 15 cm and visibility was low for many drivers. If wind is affecting visibility, drivers should turn on their vehicle’s headlights, so others are aware of the vehicle’s location. Drivers should also slow down when there’s poor visibility on the roads, especially with the possibility of black ice accumulating on highways due to fluctuating weather conditions. When travelling at a high speed, your reaction to unexpected situations has a large effect on your safety.
In early February, a man was charged with impaired driving causing death. During the accident, a tractor trailer struck a jeep, which had lost control. The tractor-trailer flipped over from the impact and its driver was pronounced dead at the scene, according to CBC News. All westbound lanes of Hwy. 401 near Whitby were closed overnight and heavy equipment was called to clean up the crash scene.
Whether there’s ice or snow, make sure you leave extra time to reach your destination when driving during the winter. Drivers also need to be alert at all times and driving while fatigued or impaired by alcohol or drugs is dangerous to yourself and everyone around you.
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.
Ontario lags behind in health privacy legislation
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Ontario was once a leader in its health privacy law, but over the past few years, it’s been slow to implement mandatory reporting of privacy violations, according to a recent Toronto Star article.
In other provinces, hospitals have implemented or are moving towards requirements to report any privacy breaches to the proper privacy organization. But this isn’t the case in Ontario where hospitals that experience privacy breaches are not required to report them to Ontario’s privacy commission. Acting information and privacy commissioner Brian Beamish is pushing for changes, according to the Star.
In 2004, the first health information privacy law in Canada, the Personal Health Information Protection Act, was implemented in Ontario, which allowed hospitals to investigate privacy breaches, inform affected parties and fire staff related to the issue. Similar versions of this law were soon adopted by other provinces, which have seen their legislation updated since then.
Last year, there was a great deal of attention brought to hospital privacy breaches.
In one case, the Ontario Securities Commission charged a former employee of Rouge Valley Centenary Hospital after it was discovered the clerk sold confidential patient information to a company that sold Registered Education Savings Plans. Contact information was given for patients who’d given birth between 2009 to 2014, which affected more than 8,000 patients. The charged employee could be fined of up to $5 million or be jailed for up to five years, according to the Toronto Star.
Former mayor Rob Ford has also been the victim of a privacy breach with his recent liposarcoma cancer diagnosis when his records were wrongfully accessed in at least three Toronto hospitals. No details have been released by the hospitals in regards to how many employees accessed the records inappropriately, as well as how staff were disciplined, due to privacy reasons, according to the Star.
Meanwhile, unlawful access of medical records looks to be on the rise, a lawyer who’s representing patients in five privacy-related class action lawsuits told the Star.
“As a lawyer who has a number of these cases on the go, I absolutely think hospitals should disclose to the public what has been done, who has done it and what has happened as a result of that,” the lawyer told the Star.
Hospitals are only required to tell patients that the breach occurred, but any additional information they choose to share varies.
“The bottom line is, it varies from hospital to hospital, and that is the most troubling aspect about this — there is absolutely no uniformity right now,” the lawyer told the Star.
“The public deserves to know, because we all use the hospitals, the hospitals are public institutions and the public confidence has to be there.”
If you’ve been injured by negligence by a doctor or healthcare worker, you can be compensated. 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 medical malpractice. 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.
Ontario looking to change when you should report a collision
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The Ontario government may increase the damage requirement to report an accident to more than $2,000 from $1,000.
If you’re involved in an car accident, you must report it to police or a Collision Reporting Centre if someone is injured, if you suspect someone is guilty of a criminal code offence, such as intoxicated driving, or if it looks like the damage done to all the vehicles involved is more than $1,000.
The damage threshold was set by the province back in 1998 and other provinces have already increased their threshold to keep up with inflation and the rising cost of car repairs, according to the Toronto Star.
The province doesn’t expect this policy change will make much difference to traffic, but they hope it may free up police resources from being called to minor accidents, says the Star.
The director of government and community relations for the Canadian Automobile Association told the Star that repair costs add up quickly.
The province’s proposal is open for review and comments will be accepted until May 4. The NDP critic expressed concern to the Star that they want to know more details about how these changes will impact drivers.
Regardless, even if you’re involved in a minor accident with minimal damage, Toronto Police suggest drivers contact the cops in a bid to avoid insurance fraud.
Meanwhile, the OPP has released more in-depth collision data to better illustrate the impact poor driving behaviour has had on Ontario resident in the last ten years.
“A fatal road crash happens in a split second, but its consequences are far reaching and last for months, years and for some surviving family members, the rest of their lives,” Deputy Commissioner Brad Blair, Provincial Commander, Traffic Safety and Operational Support, said in a press release.
“When you add it all up, the economic and social costs associated with road crashes in Ontario are in the billions of dollars every year, with fatalities being the largest single contributor to social costs. It is absolutely tragic to see so many drivers either underestimate or not care about the role they can play in dramatically reducing this impact on society.”
Between 2005 to 2014, there were 3,504 deaths due to motor vehicle collisions. Young males between the age of 25 to 34 had the highest fatality rates of 397 deaths, which 310 of those killed were drivers and 60 of those were passengers.
Driving a vehicle properly has an impact on your safety and it also affects the safety of others. In the fatal accidents during the last decade, 2,425 drivers were killed and among those deaths, 450 drivers were driving properly.
It’s also important to always take the time to buckle up whenever you get into a vehicle since wearing a seatbelt impacts your survival of a car accident. A lack of seat belt contributed to 856 deaths (611 drivers and 245 passengers), which there were more male casualties (646 deaths) compared to female casualties (210 deaths) during the last decade.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers will ensure that the accident benefits you claim are legitimate. We 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.
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