Blog – Neinstein Personal Injury Lawyers
Are drug tests for drivers coming soon?
(Photo credit: West Midlands Police/Flickr)
Driving after drinking alcohol or driving while texting are both dangerous habits. But another cause for problem that’s cause for concern is driving while drug-impaired.
With the possibility of marijuana legalization, it’s important to ensure that drivers remain safe when operating a vehicle.
Driving while under the influence was made illegal in 1925, but enforcing this law has proved to be a moving target.
For alcohol, there are breathalyzers that drivers breathe into to measure their blood alcohol concentration (BAC). There are also set rules that a person’s BAC must remain below 0.08, but there’s no similar standard of measurement for testing drug impairment. Also, there are many different types of drugs out there that can have varying effects on a person’s mind and body.
In 2008, the criminal code granted police officers the right to ask drivers to perform physical coordination tests or Drug Recognition Evaluations, but according to a 2012 study prepared for MADD, these tests are expensive and can be challenged in court.
Currently, a national panel is looking into which devices are available to accurately screen a person’s toxicity levels during a roadside stop, according to the Toronto Star.
One option is the Cannabix Breathalyzer, created in British Columbia, works similarly to a breathalyzer. The device is said to be able to tell within a few minutes if someone has smoked marijuana in the last two or three hours. There’s a prototype available, but the device needs to undergo scientific review, according to Canada.com.
Another device is the DrugWipe 5 S that is able to determine whether a driver has taken cannabis, opiates, cocaine, an amphetamine, a methamphetamine (such as MDMA or ecstasy) and a benzodiazepines through a saliva sample.
Members of the panel are looking into the devices used in Australia and European nations that allow random roadside screening for drug use, but whether this methodology will be allowed remains to be seen. Currently, police aren’t allowed to conduct random screening for alcohol use, breathalyzer tests are only conducted if the driver fails sobriety tests.
But driving while under the influence of drugs is an issue that needs attention with only 1,126 charges related to driving under the influence of drugs laid in 2012, which accounted for less than two per cent of impaired charges that year.
Also, more Ontario youth reported driving after smoking cannabis compared to driving after drinking alcohol, according to the Centre of Addiction and Mental Health’s 2013 Ontario Student Drug Use and Health Survey. One in ten drivers (about 31,500 youth drivers) reported driving an hour after they used cannabis. Many teens have also picked up the habit of texting while behind the wheel.
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.
Put Up Your Dukes: Improving mental health recovery
It’s thanks to you that the Lewin Family Living Learning Room is one step closer to becoming reality at CAMH.
The fourth annual Put Up Your Dukes event was featured live on CTV Toronto News. See the video below.
Put Up Your Dukes was cofounded by a partner at Neinstein Personal Injury Lawyers, Harv Lewin, to celebrate the life of his son, Ryan “Duke” Lewin, who battled against mental illness and addiction. The event started out raising funds to create Duke’s Place, a lounge for young adults to socialize within CAMH, in 2011, which they were able to raise $150,000 from the first event.
Since then, the non-profit is focused on improving the lives of those with mental health and addiction issues, one room at a time.
We’d like to thank everyone who came out to the event and we look forward to seeing you next year.
Who’s liable in an accident with a ride sharing vehicle?
(Photo credit: Alexander Torrenegra/Flickr)
Canada’s taxi industry is up in arms with Uber introducing its UberX ride sharing service in Toronto, Ottawa, Montreal this fall and expectations that it could launch in Vancouver, Calgary and Edmonton in the near future.
UberX lets passengers looking for a ride hail a car using an app. Drivers can be anyone over 21 who passes a background check and has an insured car in good working condition with a lifespan of less than ten years old.
While the controversial service offers a cheaper alternative for Canadians looking for rides, one issue that’s being brought up is the company’s insurance coverage.
For anyone who chooses to be an UberX driver, the Insurance Bureau of Canada has warned that drivers must carry commercial insurance. If they hold personal car insurance, if they or a passenger are injured in a collision, they won’t be covered.
“Every ride on the UberX platform in Canada is backed by $5 million of contingent auto liability insurance, so drivers and the community at large can rest assured knowing that ride-sharing partners are covered by our insurance policy in addition to any insurance coverage maintained by the driver,” Lauren Altmin with Uber told CBC News.
The question of insurance coverage came to the forefront recently after the first fatal accident of a passenger using a ride share service, Lyft, which only operates in the US. The incident happened on a highway near Sacramento, California, where the driver swerved to avoid a stalled vehicle in the middle lane. After avoiding the vehicle, it hit two trees, according to the San Francisco Chronicle. The vehicle was carrying two passengers and one of them died on impact.
When a Lyft driver is carrying a passenger, the company offers a $1 million liability and uninsured/underinsured policy that will “apply as primary to a driver’s personal automobile insurance policy.” This policy will cover bodily injury/property damage.
But there’s concerns about an insurance gap between when an UberX driver is free to work and hasn’t received a ride request. There was an incident in San Francisco during New Year’s Eve when an UberX driver killed a 6-year-old girl and hurt her brother and mother. At the time, he was logged onto the UberX app, but he only carried a personal insurance policy of $30,000 for injury and death to multiple people, the family’s lawyer told the Chronicle. The family has filed a lawsuit against Uber for wrongful death.
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.
Sunnybrook’s new mental health program helps youth
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Mental health illnesses and addictions affect everyone and we may not realize it, but it also threatens the lives of many Canadian youth.
In Canada, suicide is the leading cause of death for Canadians between the age of 15 to 24 year olds and our nation’s youth suicide rate is the third highest among developed nations, according to the Canadian Mental Health Association (CMHA).
It’s estimated that ten to 20 per cent of youth suffer from a mental illness or disorder and 3.2 million youth between the ages of 12 to 19 run the risk of depression.
A little help can go a long way for someone with depression and 80 per cent of people with the illness who received assistance were able to return to their normal activities. Unfortunately, only one out of five children in need of mental health services obtains it.
In an effort to combat the problem, Sunnybrook launched the Family Navigation Project to help families and youth facing addiction and mental health issues.
The program allows families to connect to the program through phone or email, where a navigator assists the family through the process of getting help for those in need. It’s suitable for families who don’t know who to turn to and for families who face long waits for the right service.
The program was started by Sunnybrook’s Psychiatrist-in-Chief, Dr. Anthony Levitt, after hearing many tales about families who needed help, but weren’t able to get it. The Program has been operating for about a year and since then they’ve helped 350 families, according to Hospital News.
”Families with a youth in a mental health or addiction issue are often in turmoil. Our team helps turn down the emotional temperature in the home,” says Dr. Levitt told Hospital News.
“In one case, it took twelve different facilities and people to talk to before finding the right way. We try to let families know that we believe there is an answer in the system somewhere. We call it `compassionate persistence’.”
Mental health organizations are working towards informing the public and bringing awareness to these issues. One of our lawyers, Harv Lewin, founded the Put Up Your Dukes event, which raises awareness about this topic and funds for the CAMH’s Lewin Family Living Learning Room.
Hospitals are also looking towards providing more mental healthcare options. A new Mental Health Care London facility is in the works, which will provide care for 168 patients with mental illnesses including adolescent psychiatry, mood and anxiety disorders, geriatric psychiatry and concurrent disorders.
The new Southwest Centre for Forensic Mental Health Care recently opened its doors in St. Thomas, Ont., which will provide care for 89 patients. The facility is meant to help those who’ve encountered the justice system and need help to recover from a mental illness.
There’s a link between serious personal injuries and depression and mental illness accounts for 30 per cent of short- and long-term disability claims, according to the Mental Health Commission of Canada.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have handled accident injuries for clients throughout Ontario for over 40 years. We understand the effect injuries can have on your life and we’re experienced in assisting you through your claim, but also your recovery. Call us at 416-920-4242. Set up a free consultation and come talk with us.
New roadside safety measures introduced at fatal car accident site
(Photo credit: Lawrence Rayner/Flickr)
Additional safety measures were implemented at a busy Leaside intersection a few months after the fatal accident of a seven-year-old.
Georgia Walsh, the daughter of Conservative Party president John Walsh, was struck by a turning minivan in mid-July. Unfortunately, she suffered severe head trauma and was later pronounced dead after she was taken to the hospital.
The driver remained at the scene of the crash and was devastated by the collision, police told the Toronto Star. Since then, the 50-year-old driver has been charged with careless driving and failing to stop at a red light. He appeared in court in early September.
Within a few days of the incident, more than $100,000 was raised for the SickKids Foundation in honour of Georgia. The money was put towards the Possibilities Fund, which is put towards any urgent funding needs. A memorial has also been set up in her name at the site.
Since the incident, city councillors and staff have looked into what can be done to make the intersection safer. One idea that’s been put forth is forbidding right turns on red lights and signs were recently posted detailing this change.
Other suggested ideas include studying speed limits, putting up additional signs warning drivers to watch out for children and looking at ways to make child pick-ups from school safer.
But residents continue to fear that drivers still aren’t getting the message.
“The cars don’t stop,” concerned citizen Lisa Campbell told CityNews. It’s one [car] in every 10 cars that stops. They just…roll right through.”
“There’s an elementary school here, children play here, there [is] a camp all summer, there’s no excuse for driving fast,” one frustrated resident told CityNews.
The safety of controlling traffic within the area was an election issue for city councillors in the ward.
There are a number of reasons that could lead to a pedestrian-vehicle accident including speed, fatigue, distracted driving or impaired driving. Both drivers and pedestrians need to be aware while driving or before crossing the road and if you are involved in a collision, it’s important that you remain at the scene. With the recent change to daylight savings time, there’s also a greater risk for pedestrian-vehicle accidents and fatalities.
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.
Check that your car insurance is legitimate
(Photo credit: Alan Cleaver/Flickr)
If you purchased insurance at a rate that you thought was dirt cheap, unfortunately there’s a chance that you might not be legitimately covered.
Recently, police arrested a 73-year-old who was charged with fraud over $5,000, uttering a forged document and defrauding the public over $5,000.
Alexandr Chertin is alleged to have sold drivers counterfeit insurance cards, otherwise known as “pink slips” which are proof of your vehicle’s insurance. It’s alleged he collected monthly payments from victims and police announced at a press conference that it’s estimated that there could be more than 100 victims.
Police believe there are many more victims who continue to drive their vehicle under the belief they are insured, when this isn’t the case.
There have been accident claims filed by victims who believed they were insured and numerous insurance companies have paid out more than $1 million to cover their claims.
Chertin is scheduled to appear in court on November 25.
One way to verify your insurance’s legitimacy is through the Insurance Bureau of Canada (IBC) website. Anyone who suspects they may have been scammed should call the IBC tip line at 1-877-422-8477.
Also, if someone offers to sell you insurance from a location other than their office at a cheaper cash rate, you should be suspicious of their product, police told CBC News.
If you’ve encountered an insurance company that includes pre-collision damage on a claim, exaggerates injuries from an accident to collect benefits or offers free treatment for an injury not related to the accident, then you may have spotted a case of insurance fraud. If this is the case, report it to the IBC.
It’s difficult to determine the full effect of auto insurance fraud on the industry, but it’s estimated that it costs about $769 million to $1.56 billion. Drivers are always looking for ways to lower their insurance costs and one legitimate alternative is through usage-based insurance, which has been introduced in Ontario.
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.
Winter driving: How to drive safely
(Photo credit: Falk Lademann/Flickr)
With winter fast approaching, there’s lots drivers can do to prepare themselves this season.
Last year, the number of collisions on Ontario roads between Dec. 1, 2013 to March 31, 2014 climbed to 33,334 from 25,953 the year before, according to the OPP. Some of the accidents include cases where OPP officers were struck after responding to scene of a collision and it’s important that drivers know how to react to sirens from emergency vehicles.
The most common factor of many of these collisions is a driver’s bad winter driving habits rather than bad road conditions or bad weather, says the OPP.
“During the winter months, the way people drive needs to be very different than the way they drive the rest of year,” said OPP Deputy Commissioner Brad Blair, Provincial Commander of Traffic Safety and Operational Support, in a press release.
“If every driver makes this critical change this winter, we will not have another chaotic winter that ends with a staggering number of collisions and the associated injuries and deaths.”
If bad weather hits and affects road conditions, it’s in your best interest to avoid travelling if you don’t need to. If you are out on the roads, adapt your speed to current road conditions and visibility and leave extra room between vehicles to give yourself more time to stop. Drivers should follow road speeds on signs during good weather conditions, but if you continue to drive at those speeds during bad weather, you can be charged, according to Global News.
Also, drivers need to make sure they turn on their headlights, especially during the winter months. Having the headlights on also allows drivers to see your rear lights, which notifies them of your vehicle’s location and reduces the chance of being involved in an accident.
Winter tires will also go a long way in preventing accidents. When the temperature drops below seven degrees, summer and all-season tires lose their traction. The stopping distance between winter tires and all-season tires is about 30 to 40 per cent less, which can make a huge difference in whether you’re involved in a collision or not, according to the Globe and Mail.
Before heading out, drivers should check the MTO’s Ontario 511 Traveller Information Services for any information about road conditions and road closures. There’s also a hands-free service available that can be accessed through voice activation.
Since you can’t predict any unexpected car trouble or accidents where you may be stuck in your vehicle, keep a survival kit in your vehicle. Some items you should keep in this kit are: warm winter outerwear (gloves, hat, boots), blanket or extra clothing, a small shovel, a snow brush/ice scraper, windshield washer fluid and extra food and water.
If cycling will be your main mode of transportation this winter, ride cautiously to safely reach your destination. Also, if you happen to spot a vehicle involved in an accident, sometimes it’s safer to stay in your vehicle and call it in since you’re putting yourself in danger when exiting your vehicle during bad weather conditions with low visibility.
Regardless of how safely you drive, motor vehicle accidents can still occur and anyone involved in a motor vehicle collision, no matter your role in the incident, can receive accident benefits. 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.
Join Neinstein at the upcoming ABI conference
(Photo credit: Ruth Fernandes)
Gather exclusive insight from leading researchers and advocates into the effects of Acquired Brain Injury (ABI) on an individual at the upcoming ABI conference.
The conference will be held at the Allstream Centre, Exhibition Place in Toronto from November 20 to 21.
Keynote speakers will discuss their research findings including how nature can assist with a brain injury recovery, what impedes the recovery of an ABI survivor and how to measure brain rehabilitation. You’ll also be able to hear first-person insight from the loved one of an ABI survivor.
There will also be a range of interactive workshops led by leading professionals in the brain injury field and they will touch upon topics such as motivational interviewing for those with brain injuries and how to identify and manage concussions experienced by children.
This conference will be of interest to those living with the effects of ABI and their loved ones and those who work with brain injury survivors, such as clinicians and rehabilitation professionals.
Neinstein Personal Injury Lawyers is a proud sponsor of the conference. We look forward to seeing everyone there and don’t forget to stop by our booth near the entrance to the main lecture hall.
For more information on registration and accommodations, visit the ABI conference website.
Toronto’s pit bull ban data shows effectiveness
(Photo credit: Steph Skardal/Flickr)
When Ontario banned pit bulls almost a decade ago, there was controversy around whether breed specific bans were effective in stopping dog bites.
Recently, the Toronto Star published data provided by the city of Toronto that shows that these bans may be.
In 2013, there were 13 reported dog bites by pit bulls, while the population of this breed dropped to 501. This is a huge drop from 2004, where in Toronto there were 984 licensed pit bulls and 168 reported bites.
Dog owners who owned pit bulls before the ban went into effect were allowed to keep their dogs as long as they followed specific protocol, which included muzzling the dog in public and keeping it sterilized.
There remains controversy in regards to what’s considered a pit bull. Toronto’s ban focuses on pit bull terriers, Staffordshire bull terriers, American Staffordshire terriers, and American pit bull terriers, as well as dogs who have a similar appearance to these breeds, according to the Star. Currently, inspectors follow a checklist that helps them determine whether the dog is considered a pit bull or not.
Also, critics of the ban told the Star that how a dog is trained or treated has a greater effect on their behaviour rather than their genetics. Also, pit bull attacks are more likely to be reported due to people’s perception of their dangerous nature and the bite numbers only account for licensed animals and only 30 per cent of dogs in the city are licensed.
Dog owners are responsible when their pup bites a person or another animal. Even if the owner is unaware of the dog’s violent or aggressive tendencies, this doesn’t exempt them from the legal responsibilities that comes with owning a canine.
At the end of October, two unattended pit bulls attacked another dog that was taking a walk with its owner in Gatineau. The pit bulls escaped from a nearby home and the dog that was attacked suffered several bites. Police are considering fining the owner for letting the dogs wander unattended, letting the dogs roam without a muzzle and not having a dog license for the canines, according to Metro News.
Neinstein’s Rose Leto talks about a dog owner’s liability if their canine is involved in a dog attack in the news segment below.
Dog bites can be very dangerous to humans and no matter what dog it is, there are some steps you can take to prevent being bitten by a canine you encounter.
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.
Fire at Whitby seniors’ home leads to evacuation
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Residents of the Fairview Lodge retirement home in Whitby were forced to evacuate after a fire destroyed the back section of the home.
It was thanks to the staff’s quick actions all 192 residents, many of who have mobility problems and require the use of walkers and wheelchairs, were safely evacuated with no serious injuries. A staff member suffered smoke inhalation and continues to recover at the hospital.
While the cause of the fire remains under investigation and the dollar loss still needs to be determined, the section of the nursing home where the fire started was not equipped with sprinklers, Whitby’s fire chief told CBC News. Fire drills done three times a month likely contributed to a safe evacuation.
Forty four firefighters from surrounding communities helped put the fire out, but the heavy smoke from the blaze led to evacuations at the nearby public school and from about 100 homes near the home. Senior residents were relocated to other nursing homes in the Durham region.
The building wasn’t destroyed and the lodge told CTV News that they plan to rebuild a new home beside the old one.
This situation had the potential to mirror the L’Isle-Verte tragedy in Quebec, but thanks to the staff’s frequent fire drills, any deaths were avoided. But this situation continues to highlight the importance of sprinklers in retirement homes, especially since many residents living there face mobility issues.
Ontario made sprinklers mandatory in retirement homes in 2013, but private facilities have five years to comply and government-owned facilities have until 2025 to comply. This means for some senior residents, it could be about ten years before their nursing homes are properly retrofitted to handle fire hazards.
Until the cause of the fire is determined, who’s liable for the damages can’t be determined. Neinstein’s Erik Joffe wrote about this topic in a piece that was published in the Law Times.
With the expectation that there will be a huge growth in baby boomers, more and more families will be making decisions on where their loved ones will live. Those living in retirement and nursing homes should feel confident that their living space are safe places, whether it’s protecting them from accidents, such as fires or aggressive residents, preventing seniors abuse or preventing use of dangerous drugs.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling all types of injuries for over 40 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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