Blog – Neinstein Personal Injury Lawyers
How to be a safe pedestrian
Once daylight savings time kicks in during autumn and runs through the winter, pedestrians need to be extremely careful when crossing the road.
During this time of year there’s a greater chance of a pedestrian-vehicle accidents. Recently in Scarborough, a 38-year-old woman was involved in a hit and run after she struck a pedestrian crossing the road while she was making a left turn. The pedestrian was taken to the hospital with life-threatening injuries and the driver was later charged with obstructing a peace officer and failing to stop at scene of accident causing bodily harm.
In 2012, there were 312 pedestrian fatalities, which accounts for 15 per cent of the deaths on Canada’s roads, according to Transport Canada’s Canadian Motor Vehicle Traffic Collision Statistics. This is a slight drop from 321 pedestrian deaths in 2011, but it continues to be a concerning issue.
One tactic Queen’s Park is considering to remedy the situation is by lowering speed limits in Ontario cities or towns. This could give both drivers and pedestrians more time to react, which could also result in a lower force of impact. While countdown crosswalks may have been implemented to improve the safety of pedestrians, recent studies have shown that these crosswalks may be doing just the opposite.
Drivers need to be aware of pedestrians on the road, but pedestrians need to also do their part to ensure their safety. Here are some tips for pedestrians to stay safe while crossing the road.
What to do:
- When you need to cross the road, make sure you do so at a designated crosswalk or intersection. Before taking a step off the sidewalk, ensure that there are no cars nearby or that drivers see you and have come to a stop.
- The classic advice you were taught as a child before crossing the road continues to hold true. Don’t forget to look both ways to ensure there are no incoming cars before crossing.
- Always walk on the sidewalk. If this isn’t an option, make sure you’re walking on the side of the road and facing traffic.
- If you plan to stay out late, wear reflective clothing or bright colours so other drivers can easily spot you at night.
- If you’re a senior, you may want to consider walking in groups since this way you can all watch out for each other and there’s greater visibility.
- When walking in a parking lot, always be aware of vehicles backing up and avoid crossing behind parked cars if there’s a driver inside.
What not to do:
- Don’t walk across the street with headphones blasting to the point where you’re unable to hear anything. Being able to hear your surroundings notifies you of any possible dangers.
- Don’t text or look down at your cellphone while crossing the road. Whether you see an approaching car or a cyclist helps you determine when it’s safe to cross.
- Don’t rush across the street to catch a crosswalk countdown. There’s a chance that a driver may not see you and they may not be able to react in time.
- Don’t let your young child cross the road alone. While crossing, make sure you hold their hand so they don’t dart out into oncoming traffic.
- Don’t let your child play near the road. If a ball rolls onto the street, it can be dangerous for both the child and the driver.
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.
Car accidents: What causes a vehicle to rollover?
(Photo credit: Kelly Mercer/Creative Commons)
When you hear about car accidents on the news, you’ll occasionally hear the term “rollover” being used. While rollovers don’t happen very frequently, when they do, they can be devastating.
A rollover occurs when the vehicle falls on its side or on its roof. Any vehicle can rollover, but automobiles that are taller and more narrow, such as an SUV, a van or a bus, are more likely to roll over due to the vehicle’s high centre of gravity. There’s more weight on the top of the vehicle, which makes it more susceptible to tipping over.
If a vehicle is travelling too quickly before making a turn and the driver attempts to quickly correct the motion, the vehicle destabilized and it tips over.
Typically rollovers aren’t caused by a steering error, but rather when the vehicle trips over something, such as a curb, pothole or the shoulder of a road, according to Consumer Reports. Tripping may also occur when the vehicle’s tires get caught in soft soil or hitting snowbanks.
Rollovers can also be caused in other types of incidents, such as a driver doing a high speed swerve to avoid debris or an accident. The weight on the top of the vehicle destabilizes the vehicle’s centre of gravity.
Over the Family Day weekend, there was a single vehicle rollover on a highway in Edmonton, which left three people dead and one person gravely injured, according to the CBC News. Three of the vehicle’s occupants were pronounced dead on the scene and the last occupant was airlifted to the hospital. The vehicle hit the shoulder of the highway while travelling and the vehicle lost control and rolled a few times before coming to a stop. The reasons behind the collision continue to be investigated.
At the end of 2014, a tractor trailer was involved in a single-vehicle rollover that killed the driver. At first, a medical emergency was cited as the cause of the incident, but it was later determined that the driver died from blunt force trauma from the crash, according to CBC News. The driver was operating a 53-foot tractor trailer and was in the process of exiting the highway through the Mohawk Road/Golf Links Road exit. The truck went off the ramp and flipped onto the area between the highway on and off ramps.
Here are some tips on how to prevent experiencing a rollover:
- Regularly check your tire pressure. Your tire’s grip affects the likelihood of your involvement in a rollover. If your vehicle isn’t properly inflated, this affects its ability to stay on the road. When the tires lose its grip, your car can tip over. Your tire inflation should be checked and corrected at least once a month and you should follow the manufacturer’s standards for the appropriate tire pressure.
- Be careful of your vehicle’s load. Drivers are legally responsible for any debris that spills out on roads and an overloaded vehicle is not stable. Avoid carrying loads on the top of the vehicle since this increases its chances of rolling over and strategically place your heaviest loads on your vehicle’s floor, near its centre and away from the tailgate.
- Watch your speed. If you’re travelling at a faster speed, the more force you experience during a collision, which increases a rollover’s impact. Make sure you safely slow down during turns, especially when entering or exiting a highway ramp.
- Drive carefully on rural roads. Many rollovers can occur on rural roads since drivers are travelling at fast speeds without any barriers. In 2012, there were 1,018 fatal collisions on rural roads, which had speed limits greater than 60 km/h, compared to 778 fatal collisions on urban roads, according to Transport Canada.
- Check your vehicle’s technology. Automakers are constantly improving a car’s safety since it can be a determining factor in some vehicle purchases. Both electronic stability control and side airbags can prevent your vehicle from being involved in a rollover or keep you safe in the event of one. Whenever you’re a vehicle, always wear your seatbelt since it improves your chances of surviving a rollover by preventing passengers from being ejected from the vehicle.
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 X – Are you riding at your own risk?
(Photo credit: Alexander Torrenegra/Flickr)
Recently, there has been controversy about the app-based Uber Car Service operating in Toronto. Although Uber, describes itself as a ridesharing service, the City of Toronto argues that it operates as a taxi and should be regulated as a taxicab service. Accordingly, the City has commenced an Application to declare Uber as a taxi cab brokerage and to obtain an injunction restraining Uber from operating in Toronto.
Uber’s peer-to-peer ride-sharing service UberX allows passengers to request transportation services from third party transportation providers through Uber’s app. The issue becomes whether those drivers are adequately insured, in particular UberX which allows ordinary drivers to pick up passengers in their own vehicles.
Traditional taxi cab drivers are insured by commercial automobile insurance policies. If a taxi is involved in a motor vehicle accident where the taxi driver is at fault, there is third liability coverage available for the occupants and any other person involved in the collision.
On March 18, 2015, the decision in City of Toronto v. Uber Canada Inc. et al.[1] was released. The court dismissed Uber’s sealing motion to keep its insurance policy confidential which they claimed would provide them a competitive edge.
Diamond J. reasoned that Uber could not prove that disclosure of its insurance policy would lead to any loss of competitive advantage. Uber’s insurer took no positon on the motion and there was nothing stopping the insurer from providing the same policy to a competitor. Furthermore, Diamond J. found that the insurance policy was not a “trade secret” but a commercial document.
If Uber’s insurance policy provides coverage consistent with the taxi industry, one would think Uber would have an incentive to make this information public so that their customers were confident in the service.
According to the Uber website, in order to apply to be an UberX driver, an applicant must check off that they have a commercially insured vehicle. It is unclear whether a copy of this coverage would be provided to Uber.
The company markets their drivers as independent operators who can essentially pick up jobs on their own schedule. This would be a desirable option for many students or individuals looking for extra money. However, should an UberX driver not inform their auto insurer that they are using their personal vehicle for commercial use; their insurer would be within their right to deny coverage.
If the driver is denied coverage, and UberX passengers do not happen to be covered under another auto policy, coverage could be confined to $200,000 instead of the usual $2 million third party liability limits that a traditional taxi would have available. Unfortunately, the UberX driver could be held personally liable for the difference.
Up until this point it remains unknown whether these drivers have additional coverage from Uber in these circumstances.
By: Sonia Leith, Neinstein Personal Injury Lawyers
[1] 2015 ONSC 1617 (Canlii)
Unlicensed daycares: Tougher standards needed
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There are 823,000 children at risk in unlicensed daycares if the Ontario government doesn’t improve its systemic issues.
In October last year, ombudsman Andre Marin released a 142-page report with 113 recommendations to ensure the safety of children cared for in unlicensed daycares. The Ministry estimates 95 of the recommendations are currently being addressed, which includes creating a dedicated enforcement unit to investigate unlicensed daycare complaints. Thirty five of the recommendations were met when the new tougher unlicensed daycare legislation was passed. But Marin also suggests the government adopt a centralized registry, according to the Toronto Star.
Ontario needs to improve its regulation of unlicensed daycares, especially after the death of four children within seven months in the GTA. In the report, Marin points out that the Day Nurseries Act hadn’t been reviewed since 1983 and even then, the province rarely and inconsistently enforced rules for unlicensed daycares. Due to high costs of long waiting lists for licensed daycares, more families are being forced to use unlicensed daycares, but there’s been little education for parents to help them choose one.
The ombudsman’s report discovered these issues in government regulation:
- Sloppy, inconsistent complaint intake practices and an inadequate complaint tracking system;
- Ministry guidelines not followed, inspections delayed or never done;
- Staff untrained in conducting investigations or on the legislation they enforce;
- Poor inspection practices, careless evidence gathering; and
- Failure to involve or educate parents about daycare standards and facilities that are not in compliance with them.
In 2012, the Ministry of Education received 274 complaints about unlicensed childcare and the number of complaints almost doubles to 526 complaints in 2013.
Also, during first inspections between January 1, 2012 and July 12, 2013, 138 unlicensed caregivers were discovered to be in violation of the Day Nurseries Act. Of those unlicensed caregivers, 82 of them had multiple complaints against them and 28 had complains about them previously. On the inspector’s second visit, it was discovered that 23 continued to operate illegally and after multiple visits, 15 daycares remained in violation.
York Region Police and the provincial coroner continue to investigate the death of a two-year-old at an unlicensed daycare in Vaughan, which was unsanitary and overcrowded. The parents have filed a wrongful death lawsuit for the 2013 incident against the daycare operator and the Ontario Ministry of Education. Meanwhile, the cause of death has yet to be announced.
“I’m stymied by the police investigation,” regional coroner Dr. Dave Evans told the Toronto Star. “I can’t say one way or the other until the police give me permission because (cause of death) is classed as evidence. It’s a waiting game.”
Meanwhile, a regional coroner will investigate the death of a 14-month-old boy who died after being rushed to the hospital from a Burlington daycare. Emergency responders were called to Wee Daycare for a medical issue and when they arrived at the scene, the child had no vital signs. There were attempts to revive him, but he was pronounced dead after arriving at the hospital. No foul play is suspected, police told CBC News.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling all types of injuries and wrongful death cases for over 45 years including those arising from negligent supervision of your children. We understand the impacts injuries can have on you and your family’s life and we know how to help you. Call us at 416-920-4242. Set up a free consultation and come talk with us.
4 unrelated pedestrian collisions in a day leaves 3 dead
(Photo credit: Gary J. Wood/Flickr)
Toronto drivers and pedestrians need to be more aware while sharing the road, especially after four pedestrian collisions within 24 hours in Toronto.
On March 4, police responded to an accident late Wednesday afternoon at Finch Ave. E. and Markham Rd. in Scarborough. A tractor trailer had attempted to make a right turn at the intersection, but struck a 61-year-old woman. The woman was pronounced dead at the scene.
Later that evening, police responded to a collision between two vehicles at Finch Ave. E. and Seneca Hill Dr. in North York. One vehicle was making a left hand turn when it collided with another car at the intersection, which then spun out and struck a 25-year-old pedestrian. The pedestrian was taken to the hospital for life-threatening injuries and one of the drivers abandoned the vehicle and fled the scene.
Another pedestrian collision took place around the same time at Millwick Dr. and Plunkett Rd. in North York. A vehicle attempted to make a right turn and struck an 81-year-old man crossing the intersection. The pedestrian was taken to the hospital with life threatening injuries, where he later died.
Early March 5, there was another pedestrian collision at East Gwillimbury in the York region. The 47-year-old Windsor man died on the scene after he was hit by a vehicle on Highway 11. He was thrown after the initial impact and struck again by another vehicle.
Crossing the roads is expected to be safer for pedestrians with the recent time change to Daylight Savings Time thanks to improved visibility for drivers, a traffic services constable told the Toronto Star. On average, there are about 41 pedestrian collisions a week in Toronto, but after the day time change last spring, there were 29 pedestrian collisions during the week after, according to the Star. It’s expected that there will be fewer pedestrian collisions until September, which is when days begin to have less daylight; affecting peoples level of alertness.
Last year, 23 pedestrians died from pedestrian-vehicle collisions, which accounted for about two thirds of all traffic fatalities in the city, according to the Star.
While drivers need to be on the lookout while driving, pedestrians also need to do their part to safely cross the road. Distracted pedestrians face a greater risk of injury since their walking gait is altered due to their cellphone’s distraction, according to a recent study published in the Journal of Applied Biomechanics. This altered gait and lack of awareness of their surroundings increases the chances of tripping, stepping on unstable surfaces or running into nearby objects, says the study.
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. Accident benefits are available to anyone involved in a motor vehicle accident. 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!
Jaywalking can lead to fatal accidents
(Photo credit: Elvert Barnes/Creative Commons)
Winter is a dangerous time on Ontario’s roads, with drivers navigating ice, snow, sleet, and the questionable decisions of fellow motorists. But with spring coming to Toronto, road users will face new challenges, chief among them the fact that the city’s residents are more likely to walk from point A to point B than during the dead of winter. Unfortunately, an influx of pedestrians on city streets often means a rise in fatal car accidents involving Toronto’s walkers.
To help pedestrians reach their destination safely, and with hopes of reducing the number of fatal accidents on Toronto’s streets this year, local police recently launched “March Break, March Safe,” a road safety campaign designed to educate pedestrians, cyclists, and motorists on issues of pedestrian safety in the city’s core. During the program, officers will patrol the streets on the lookout for traffic violations that could endanger pedestrians, including intersection related offences, pedestrian crosswalk violations, and dangerous parking violations.
Of course, drivers aren’t alone in creating dangerous road conditions – sometimes pedestrians put themselves in danger. A classic example of this is jaywalking. When it comes to jaywalking Toronto drivers are well aware of the act’s prevalence. So what should the city’s pedestrians and motorists know about Ontario jaywalking laws?
A Legal Gray Area
“Nowhere is it defined how far from a crosswalk you need to be to have to use the crosswalk,” Rose Leto, a member of Neinstein Personal Injury Lawyers experienced team, told Global News Toronto. “Nowhere is it defined what ‘yield right of way’ means and how far that car has to be. So it’s a very ambiguous area.”
Strictlyy from a safety perspective, jaywalking is a dangerous activity. Wherever possible pedestrians should always cross the road at a crosswalk. Due to vehicles travelling at faster speeds, collisions involving pedestrians who jaywalk mid-block are five times more likely to be fatal than those occurring at intersections, a professor at Ryerson University’s Ted Rogers School of Management told Global News.
Even when pedestrians do cross at crosswalks, however, they should always look both ways. This applies especially to timed countdown crosswalks, which may contribute to more motor vehicle accidents than they prevent.
Despite its risky nature, jaywalking is sometimes legal – when a pedestrian crosses mid-block where there is no available crosswalk and they do not interfere with traffic, for instance.
In other cases, pedestrians may receive a ticket for jaywalking. They can also be charged under the Ontario Provincial Highway Traffic Act or under one of the City of Toronto’s bylaws. The amount of the fine depends on the legislation you’re charged under. The provincial fine is $35 with an additional court fee and victim surcharge, whereas the municipal fine is $85, according to the Toronto Star.
Despite the safety and legal risks, jaywalking is a habit for many Torontonians. Between January 2012 and June 2013, Toronto police officers issued 9,310 jaywalking tickets, the Toronto Star reports.
According to a collision analysis performed by the Toronto Police, an average of 50 to 60 per cent of fatal collisions in the city involve pedestrians. By mid-March of 2015, 71 per cent of all fatal collisions in Toronto involved pedestrians. In 2014, pedestrian fatalities accounted for 61 per cent of all fatal traffic accidents. These results in 31 pedestrian deaths.
The year 2015 has been particularly violent for the city’s pedestrians. Just weeks ago, four pedestrian-vehicle leading to three fatalities occurred in a 24-hour span.
These issues are precisely what Toronto Police’s “March Break, March Safe” initiative are hoping to address. However, it will require a prolonged, committed effort from police, pedestrians, motorists, politicians, and road safety activists to enact meaningful, lasting change.
If you or a member of your family have been injured in a collision on the streets of Toronto, contact Neinstein Personal Injury Lawyers today to arrange a free no-obligation consultation with an experienced Toronto car accident lawyer. Accident benefits are available to anyone involved in a car accident, regardless of their role in the event. For the past 45 years, our team has helped seriously injured Ontarians on their path to recovery. We know how important financial compensation is to this process, and have the experience and expertise to secure the compensation you deserve. Call us at (416) 920-4242 to learn how we can help.
More transparency needed into Ontario doctors’ undertaking deals
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When patients complain about doctors and physicians, the College of Physicians and Surgeons of Ontario (CPSO) steps in to manage the investigation and how professionals are disciplined. The college is responsible for ensuring doctors are practicing medicine in a safe manner.
While it’s important to have a third party tasked with keeping a doctor’s work in check, a recent investigation by the Toronto Star found that unfortunately some of these complaints are handled through “undertakings” or backroom deals where “high risk” doctors have been allowed to resign or restrict their practice in exchange for dropping investigations or prosecutions.
The investigation found that more than 200 doctors participated in these types of deals, which doesn’t take into account the complainant’s experience, says the Star. The public also isn’t privy to the reasoning and context behind an undertaking, which critics say affects the accountability of both the college and the accused physician.
Between 2005 to 2014, 164 doctors took these types of deals which put restrictions on their practice. These restrictions include preventing some doctors from prescribing narcotics, preventing some doctors from diagnosing patients and preventing some surgeons from conducting surgery, says the Star. In some deals, the physicians were allowed to keep their MD title, despite being found unfit to practice medicine. The investigation also found 36 cases where physicians resigned and in exchange, the college dropped 19 investigations and 13 prosecutions.
The CPSO website only publishes information about restrictions that are presently in effect and deletes past restrictions, which means that if a restricted doctor begins to practice there is no historical record on the CPSO. There are also no details outlining the allegations against the physician which resulted in these undertaking deals. Furthermore, only “high risk” undertakings are published, including resignations, and other restrictions that are deemed as no/minimal risk, low risk and moderate risk aren’t published.
The CPSO told the Star that deals settled during undertakings protect patients and whether doctors are compliant with their restrictions can be enforced. If physicians breach the terms, the CPSO can restart an investigation or disciplinary action. While the CPSO says they’re only allowed to share a limited amount of information with the public due to legislation, a spokesperson defended undertakings in the Star article saying that they help prevent problems in the future.
The organization recently launched a transparency project for feedback into what patients would like to know about their doctors. The college is also looking into making more information about undertakings public, according to the Star.
It would be ideal if doctors who have received complaints against their practice or services faced disciplinary hearings rather than backroom deals since these are open to the public. This could also help prevent medical errors.
The Health Professions Appeal and Review Board can review decisions made by the CPSO, The HPARB did so in a 2012 case where an obstetrician-gynecologist who was accused of surgical errors was allowed to resign rather than face a disciplinary hearing, according to the Star.
Since the investigation was released, the NDP’s health critic told the Star that legislation should be amended to allow the public access to more information about doctors facing complaints.
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.
More than 7,500 violations found in Ontario nursing homes
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The safety of nursing homes has been a topic of discussion with an influx of Canadians becoming seniors in the near future.
With a deadly fire breaking out at a Quebec nursing home that killed 27 people, reports of high use of antipsychotic drugs in Ontario’s nursing homes and aggressive seniors in Ontario’s long-term homes, it’s no wonder these retirement options are facing scrutiny.
But a recent London Free Press article offers more damning evidence with 7,502 violations discovered when 629 nursing homes were inspected between 2013 to 2014, but no fines or worker/activity orders were issued. Long-term care homes that had unreported incidents also didn’t face any fines. While the number of long-term care home inspectors were doubled and the government promised in-depth surprise investigations in all Ontario nursing homes by 2014, the effectiveness of the government’s move remains to be seen.
In many cases, nursing homes that had violations only received warnings about their issues . They were advised to create a written plan to remedy the issue, which the ministry may not follow up on. Inspectors issued 3,480 voluntary plans for correction and 681 compliance orders.
In one case mentioned in the Free Press article, an elderly woman was attacked four times, but Mount Hope Centre didn’t report the incident. The long-term care centre was only told to create a plan to prevent the incident from happening again.
In the midst of much negative press, some good has come from ministry inspections. St. Joseph’s Health Centre allocated $2 million to address issues found in its care homes, such as chronic maintenance problems and patient neglect. The money will also go towards enhancing the care centres’ safety by installing sprinklers and the hospital will hire an administrator to remedy issues, such as unreported elder abuse claims. The hospital’s chief executive told the Free Press that any problems found during top-to-bottom inspections were fixed.
While revised legislation was created to protect seniors living in long-term care homes, enforcement and the ability to shut down incompliant retirement homes remains a concern. Last November, the Toronto Star discovered that a retirement home which was found to be neglecting and abusing residents years ago continued to operate, even after the province ordered it be shut down. The retirement home changed its name from In Touch Retirement to Rosemount Place and the owner and operator had 18 people in her care, mostly seniors. The owner was charged with operating without a licence and if convicted for the first time, she could face a fine of up to $25,000 and a year in prison. The operator was once again ordered by the Retirement Homes Regulatory Authority (RHRA) to close the home and she was fined $10,000 for continuing to operate after a shut down order.
While the RHRA may deny operating licences, issue warnings or fines and file to have cases heard in court, it doesn’t have the power to shut down a home, take over home operations or enforce orders from the Licence Appeal Tribunal, a spokesperson told the Star.
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 40 years. We understand the impacts nursing home negligence 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.
Child passenger safety tips
(Photo credit: Eric Hamiter/Creative Commons)
Many of us rely on cars to help us get around, whether it’s visiting family or heading to the store for groceries. While cars are tested to ensure that vehicles are safe for drivers and passengers, there’s an increased risk of injury for child passengers.
Seatbelts are meant to protect passengers from injury, but they can only keep passengers safe that are about 145 cm (4′ 8”) tall and weigh at least 36 kilograms (80 pounds). Children usually reach this height when they’re between the ages of eight to ten. Until children reach this age, the seatbelt doesn’t rest properly on their body, which endangers them if they’re involved in an accident. Before children reach the proper height and weight to safely use seatbelts, they should be using a car seat or a booster seat when they’re riding in a vehicle.
Using the proper restraints can help your child avoid head injuries, spinal cord injuries, other serious injuries and even death, if used properly. According to Parachute Canada, in cases where child passengers suffered serious injuries, 92 per cent of infants were not using the proper restraint, while 74 per cent of toddlers and 96 per cent of school-aged children weren’t either. There are laws regarding the restraints required for children, but legislation varies by province.
When an infant first rides in a car, they should use a rear-facing car seat, which they should use until they’re one year old and weigh 10 kg (22 lbs). This prevents infants from suffering injuries to their head, spine or neck. These car seats should be placed away from the airbags since airbags are designed to protect adults. Once the child outgrows a rear-facing car seat, they should use a forward-facing car seat until they weigh at least 18 kg (40 lbs). Parents should follow the product’s instructions to safely install the seat in their vehicle.
When choosing a car seat, parents should look at the seat’s details to ensure that it’s suitable for their child’s age, weight and height. You should only buy a used car seat if you know its full history and whether or not it’s been involved in a collision. Car seats may also come with expiration dates, which is usually around six years.
Once a child no longer meets the car seat requirements based on their weight and height, along with whether the child’s ears go above the top of the car seat or if the child’s shoulders go above the slots for the top harness, parents should upgrade them to a booster seat. Unfortunately, many parents don’t make this switch with only 30 per cent of Canadian children between the age of four to eight using booster seats when they ride in car, according to Parachute Canada.
Along with making sure the car seat or booster seat is properly installed, drivers should also avoid keeping hard and loose toys in the vehicle since they can harm children during an accident. Children should also ride in the backseat since research shows they have less risk of suffering a serious injury or dying during an accident.
Adults should encourage good habits by also making sure that they always wear buckle up their seatbelt as soon as they get into the car.
Accident benefits are available to anyone involved in a motor vehicle 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.
Remove icicles to avoid being liable for accidents
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During the winter, glistening icicles are a common sight on house rooftops or buildings. While these may be a beautiful sight to see, homeowners need to be aware that they may be liable for any accidents or injuries caused by these chunks of ice.
In Toronto, homeowners or property owners are required to prevent a large accumulation of snow and ice on building rooftops, as detailed in the City of Toronto’s Municipal Code, Chapter 629, Property Standards:
629-20. Roofs and roof structures.
“Every roof of a building and all its components shall be weather-tight and free from leaks, loose, unsecured or unsafe objects and materials, dangerous accumulation of ice and snow, and hazards.”
Homeowners or business owners aren’t expected to keep their rooftops completely icicle-free, but they do need to make a reasonable effort to clear them, Neinstein Personal Injury Lawyers’ lawyer Daniel Michaelson told CityNews Toronto.
Property owners need to be aware that they’re responsible for icicles on their property, a cleanup that should be taken seriously during the winter since there’s a chance a passerby could be hurt from these sharp pieces of ice. If they aren’t able to clear the icicles, blocking off the area will help warn others about the risk of falling icicles.
Last year, a male in his 30s suffered a minor head injury after ice fell from a building around St. Clair Ave. W. and Yonge St. and struck him as he walked below. In late December 2013, a block of downtown Toronto was temporarily closed for about ten days due to falling ice from the construction site of the Aura condos. While in March 2012, police and engineers investigated reports that sheets of ice were falling off the CN Tower, luckily no one was hurt, but some vehicles were damaged.
Unfortunately, there could be more ice falling off buildings in the near future due to better energy efficiency in newer towers, according to 2012 report, Increasing Problems of Falling Ice and Snow on Modern Tall Buildings, by Northern Microclimate.
“Reported incidents of hazardous ice and snow falling from buildings are on the rise, specifically for recently completed tall buildings. High performance façades have improved internal thermal performance, but increased the conditions for forming ice on metal and glass skins,” wrote the authors.
There are multiple design elements that contribute to the increased likelihood of ice forming on a building. Energy efficient windows do a better job of trapping heat, which allows snow to accumulate. In the past, heat would escape through the windows and melt the snow. Also, window sills on buildings provide a space for snow and ice to accumulate, which used to be melted by the heat from less energy efficient windows. Other factors contributing to more falling ice include: climate change, where the building is facing, taller buildings and more complex buildings.
Icicles can be dangerous, but they can also signal homeowners to a larger issue in your home. If you see large icicles forming near your gutters, it could point to not enough insulation or improper ventilation in your roof. In these situations, warm air escapes, melts the snow and then turns into icicles when the melted snow reaches a cold area of your home.
By removing icicles, you can also avoid water damage to your home, but be careful in your removal since you could damage your gutters.
Homeowners looking to clear icicles should first make sure there is no one in the area. They may also want to consider using heat tape to avoid icicles from forming in the first place.
During the winter, homeowners may also be liable for slip and falls on their property. Avoid a slip and fall incident by keeping your sidewalks and driveway clear of snow and ice.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling accident injuries for over 45 years. We know how to help you get compensation after a slip and fall accident. Call us at 416-920-4242 to set up a free consultation.
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