Blog – Neinstein Personal Injury Lawyers
How fatigue is dangerous to your driving
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If you didn’t sleep well the night before, you might think it’s not a big deal when you get into your vehicle and head to work. But fatigue can lead to dangerous driving and car accidents.
In the Neglected Driver Survey conducted by Insurance Hunter in 2012, 30 per cent of Ontario dads and 14 per cent of moms who went on a road trip with children under 12 years old nodded off while behind the wheel. (Dads are more likely to be the driver during the road trip.) Also, 23 per cent of dads and 11 per cent of moms swerved due to fatigue and 32 per cent of dads and 24 per cent of moms were worried their drowsiness would lead to a car accident.
“Our survey shows the vast majority take the driver’s needs into consideration in the planning and preparation stage but not while driving−the most important stage of a road trip,” says Gail Robertson, Public Relations Manager for Insurance Hunter, in a press release. “Although today’s parents put their kids’ needs first, the driver’s needs must become the priority if families are to arrive safely at their destination.”
But knowing they’re tired hasn’t stopped dads from getting behind the wheel and 64 per cent continued driving and ignored their heavy eyelids. Younger parents were more likely to ignore the signs of with 47 per cent of adults between 18 to 34 continuing to drive compared to adults between 35 to 54 years old.
If you’re behind the wheel and you’re excessively blinking or yawning, resting your eyes for a bit or losing focus while you drive or not being able to focus while driving, it’s safer you consider letting someone take over. Some signs of dangerous driving due to fatigue include drifting across the centre line, last minute braking or slowing down without realizing it.
A study conducted by Utrecht University in the Netherlands found that if you drive at night, depending on the length of time, it’s similar to driving when you’re drunk. If you drove for three hours at night, it’s the same as driving while drunk with a 0.08 per cent blood alcohol content (BAC), and if you drove for two hours, it’s the same as driving while buzzed with a 0.05 BAC. Also, turning up the music or opening the window for some air had little effect on the results.
Drowsiness causes about 20 per cent of fatal car crashes in Canada, according to Transport Canada. Also, in 2006, 167,000 Ontario drivers were involved in a vehicle collision caused by driving while drowsy or fatigued, according to the Traffic Injury Research Foundation.
Transport Canada offers some tips to help you combat the fatigue and get where you need to go safely.
- Sleep well before a long trip
- Take turns driving
- Take a break every few hours and walk around when you do
- Eat a small meal or fruit and drink water during your trip
- Take a 20 minute to 40 minute nap to refresh yourself
In the unfortunate scenario where you need to collect vehicle accident benefits due to an injury, no matter who is at fault, 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.
More than one third of Ontario teen drivers text behind the wheel
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Distracted driving has become the number one reason behind fatal car accidents and while it’s against the law to text and drive, Ontario teens continue this dangerous habit.
More than one third of Ontario students with driving licenses between grade ten and 12, which is about 108,000 youth, admitted they’ve texted while driving at least once during the year, according to the Centre of Addiction and Mental Health’s 2013 Ontario Student Drug Use and Health Survey. Grade 12 teen drivers were more likely to do this with 46 per cent admitting to this behaviour.
“We asked about texting while driving because research shows that this is a very hazardous behaviour,” said Dr. Robert Mann, CAMH Senior Scientist and Principal Investigator, said in a press release. “We were surprised to find that so many young people are taking this risk.”
While distracted driving rates have increased, drinking and driving among youth dropped. According to the survey, 18 per cent of students between grade seven and 12 rode in a vehicle with a driver who’d drank alcohol. Also, four per cent of drivers with a G license in grade 12, which is about 12,700 youth, reported driving within an hour of having one or two drinks. This has dropped from seven per cent in 2011.
But youth are more likely to drive after using weed compared to drinking alcohol. One in ten high school drivers, which is about 31,500 youth, operated a vehicle within an hour of using weed during the year. While 14 per cent of middle school and high school students rode in a vehicle driven by someone who’d recently used drugs.
Driving while drinking, driving while texting or driving after drug use are all very dangerous habits. It’s important that adults set good examples in their behaviour and teach their children the importance of being alert while operating a vehicle.
Recently, Ontario’s distracted driving fines were raised to $280 last March and since the most recent election, the Liberals are looking at re-introducing legislation that if convicted, drivers could lose three demerit points. In the meantime, cops have begun testing new tactics to catch a driver in the act of texting while driving.
Texting while behind the wheel is dangerous, but some drivers take it a step further and take driving selfies. Distracted pedestrians are a danger on the road as well.
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.
How can you prove a case with destroyed evidence?
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When you watch the TV show CSI, you see forensic technicians gather evidence of an incident in the blink of an eye. But what happens when experts can’t recover it all?
In real life, everything isn’t always neat and tidy. If you’re in a motor vehicle accident, sometimes all the parts of the vehicle you were driving aren’t recovered. Or if a surgeon operates on you, which leads to a health issue years down the road, it’s unlikely that the materials and tools used in your initial operation could serve as evidence in your case.
Expert witnesses are a crucial resource for lawyers to help prove injuries in a case that might be missing physical evidence. Lawyers use expert witnesses to help break down a complicated subject into layperson’s terms, which helps a judge or jury understand the issue, whether it’s a medical, engineering or architectural issue. While there are pros and cons to use expert witnesses, in the case of destroyed evidence, they can help sway a case.
In a 2006 case between Burrill v. Ford Motor Company of Canada, a man was involved in a single-vehicle collision with a hydro pole and he claimed the vehicle was not properly assembled. Some portions of the vehicle that served as critical evidence to the trial were either lost or destroyed, but the plaintiffs were still able to prove the case through the use of three expert witnesses who were able to explain the vehicle’s manufacturing issues which led to the collision.
In a 2009 case between Kulynych v. Manitoba Lotteries, a woman filed a liability claim after she fell while exiting the casino and fractured her wrists. During the trial, previously video taped evidence was lost and the previous area where the incident happened was renovated by the casino. The judge was still able to make a decision based on previous photographic evidence, past recorded details and with witness testimony.
If you’ve been hurt in an incident, there are multiple ways personal injury lawyers can help you gather evidence for your case. A few other sources of evidence include gathering medical records to prove your medical condition and how you’ve been harmed or police reports in a motor vehicle accident. While in a product liability case, the product itself serves as important evidence, but there are ways to prove your situation if it can no longer be accessed.
Also, in cases that rely on electronic records, there’s been an increased focus on spoliation remedies, which is what happens when some evidence has been destroyed. The court can take steps such as excluding expert reports and cost sanctions, according to the Law Times.
If you’ve been harmed in a motor vehicle accident, accident benefits are available to anyone involved, 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.
Hospital weekend effect: Hope you aren’t being treated during these times
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The hospital weekend effect is more than a North American phenomenon, it’s happening in Europe as well, according to a study conducted by the University Medicine Berlin.
Their findings are consistent with Toronto researchers who discovered that you have a higher chance of death if you were admitted on a weekend. While it’s unlikely you have any control to when you’re admitted, your chances of death increase by 22 per cent compared to patients admitted on the weekdays, says the study.
Also, you have better chances of survival if you’re admitted to a hospital during the morning and in any month, but February. Patients who were admitted in the afternoon were 21 per cent more likely to die and patients undergoing surgery in February were 16 per cent more likely to die.
“Several factors may have influenced this outcome,” said the researchers, who presented their findings at Euroanaestheisa 2014. “For example, it may be that standard of care differs throughout the day and between weekdays and weekends.”
The study analyzed the data of 218,758 patients who underwent surgery between 2006 to 2011 at two University Hospital Campuses of Charité Tertiary Care University Center in Berlin.
Another study done by Tohoku University in Sendai, Japan, found similar evidence of the weekend effect in hospitals around the world. Their study found an increased rate of mortality between 15 to 17 per cent. Their study analyzed 72 studies involving over 55 million patients.
While researchers admitted one potential explanation is due to more ill patients admitted on the weekends, they believe the reason is due to poorer healthcare on the weekend.
In most cases, doctors and nurses do their best to ensure quality care for patients, but sometimes mistakes are made that can lead to life threatening issues or have a permanent effect on a person’s lifestyle, whether it’s mistakes made during surgery, birth-related injuries, nurses overloaded with work, emergency room errors, adverse reactions to drugs or a misdiagnosis.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling all types of injuries for over 40 years including injuries from negligent medical workers. We understand the impacts injuries can have on your life and we know how to help you. Call us at 416-920-4242. Set up a free consultation and come talk with us.
Why taking driving selfies should not be a trend
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By now, you’ve probably heard about a selfie. The Oxford Dictionary named it the 2013 word of the year, a selfie means taking a photograph of yourself with a smartphone or camera to upload to social media.
While selfies have gained popularity thanks to the rise of the smartphones, if there’s one place they should not be popular is while driving.
Unfortunately, there has been a trend of drivers taking photos of themselves at the wheel, which has led to fatal collisions.
Courtney Ann Sanford was the most recent casualty who died in a head-on collision with a truck in North Carolina while on her way to work. At 8:33 a.m. she posted a selfie of herself behind the wheel and a status update: “The happy song makes me so HAPPY.” At 8:34 a.m., police were called to the crash scene. Her vehicle crossed the median line, hit a recycling truck and burst into flames.
“In a matter of seconds, a life was over just so she could notify some friends that she was happy. It’s really not worth it,” High Point Police Department’s Lt Chris Weisner told the WGHP TV station.
“As sad as it is, it is also a grim reminder for everyone… you just have to pay attention while you are in the car.”
While many campaigns focus on texting and driving. This is another dangerous trend, which falls under distracted driving. If you look up the hashtag #drivingselfie on Twitter, there are many teens taking photos of themselves in vehicles, but you can’t tell whether the car is being driven or parked. Taking your eyes off the road even for a few seconds can multiply your chances of getting into an accident with texting drivers taking their eyes off the road for an average of 4.6 seconds. If you’re travelling at almost 90 km/h, you could travel the distance of a football field in this time.
A survey of 2,000 drivers by a U.K. insurance company found that seven per cent of drivers admitted to taking a selfie behind the wheel. One third of drivers surveyed said they used a cellphone while behind the wheel with young drivers as the worst offenders, while ten per cent of drivers admitted that using their cellphone led to an accident.
It’s important for all drivers to remain focused while driving a vehicle for their safety and for the safety of others. This includes spotting pedestrians crossing the road (even if they’re distracted), wearing seatbelts and not driving impaired.
In 2013, distracted driving was responsible for 78 fatal crashes in Ontario, according to the OPP, and the Ontario government recently increased fines for distracted driving, along with put in motion legislation for more severe penalties, which includes losing demerit points. Police officers have gone as far as dressing up as panhandlers in attempt to catch drivers in the act at a red light.
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.
Formula found to help diagnose autism earlier
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Toronto’s Hospital of Sick Kids researchers recently published a breakthrough in autism research that could go a long way in helping people diagnosed with the developmental disorder.
For about a year, Sick Kids’ senior scientist Stephen Scherer and his colleagues have been working on a genome project that has led to the identification of gene mutations linked to autism. They’ve produced a formula to help identify the chances of mutations, which can lead to an earlier autism diagnosis and would be crucial to early intervention programs to help improve brain functioning. In the long run, this could also help in the development of drugs treating the disorder.
During the study, the team was able to identify small gene segments known as exons with mutations. They were able to find an additional 3,955 exon mutations in 1,744 genes that may contribute to the risk of autism. While this has given researchers an additional 1,600 genes to study, in the past only about 100 genes were flagged, which helps researchers narrow their scope, according to the Toronto Star.
Their research also discovered that these mutations leading to autism start as early as during the child’s development in their mother’s womb.
In North America, the rate of autism is on the rise and it’s estimated that 1 in 68 children have autism or another related disorder, according to the U.S. Centers for Disease Control, which matches with a 2012 study on autism prevalence, according to CTV News.
While a better understanding of autism has led to more diagnoses from doctors, this doesn’t explain the rate jump from past estimates of 1 in 88 children, says Vice Chair of Autism Speaks Canada, Jill Farber, in our interview with her last year.
Researchers are learning more and more about autism every day, but it’s also important to realize when your child may have a disorder.
Here’s an infographic we produced that offers insight into symptoms to look out for in your newborn.
Neinstein Personal Injury Lawyers are proud sponsors of Autism Speaks and have been a part of the Ontario Community for more than 45 years. We have handled numerous personal injury claims for clients and 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!
Greg Neinstein’s achievements in personal injury law
Greg Neinstein
Greg Neinstein was born into the personal injury law business. His father, Gary Neinstein formed Neinstein Personal Injury Lawyers back in 1971 and 43 years later, Greg has since taken over as the firm’s managing partner with his brother, Jeff who’s also a partner, at his side.
Greg followed in his father’s footsteps as a lawyer since he wanted to help people, he says. He chose to work with his family after articling and since practicing he’s realized that the work he does is important to helping someone in a time of need.
“It’s a big responsibility when families that are injured or experience a time of crisis ask for my help,” says Greg. “It’s a responsibility that I take extremely seriously and I’m not going to mislead the trust that they place in me.
“I will do what is necessary to ensure I follow through in the representation I provide on day one.”
People who need the assistance of a personal injury lawyer have suffered a traumatic incident. Unfortunately, personal injuries are a major factor behind the death of children and young adults, according to 2009 study by Statistics Canada. Also, one in seven Canadians have suffered from an injury that limited activities they could perform.
Greg’s role in the firm focuses on serious injury and complex insurance claims, including motor vehicle accidents, slip and fall injuries, long-term disability claims and insurance claims. He completed his law education at Osgoode Hall Law School and he’s been certified by the Law Society of Upper Canada as a specialist in civil litigation. He was called to the bar in 1999 and over the years, he’s accumulated extensive court and litigation experience, including establishing precedents in favour of his plaintiffs.
These cases include: Club Resorts Ltd. v Van Breda, which allowed a Canadian resident to file a lawsuit in Ontario after suffering catastrophic injuries from an accident in Cuba, Kolbuc v. ACE Ina Insurance, which allowed a Canadian resident to file a successful disability insurance claim after being infected by the West Nile Virus from a mosquito bite and Gostick v. Squance, which ruled in favour of the Canadian resident who was rewarded an additional million dollars of insurance funds.
Club Resorts Ltd. v Van Breda is also one of Greg’s most memorable cases since he was fighting for compensation for a woman who was left a paraplegic after her accident. “It was an uphill battle to get her compensation here in Ontario,” he says. “After several court proceedings and seven years later, we finally were able to get this woman the proper medical rehabilitation means to live a dignified life.”
But he remains humble despite his achievements. “Being a young man with a young family, I’m happy to think that it’s had such a impact in our industry,” says Greg. “It’s very rewarding.”
Greg’s hard work has caught the attention of other lawyers and he’s been repeatedly recommended for representing plaintiffs in personal injury cases in Lexpert’s rankings and nominated for the Best Lawyers list.
While staying informed about the latest changes within the legal industry is important, Greg also believes lawyers need to be empathetic, patient and determined to fight for their clients. This includes ensuring that his clients have access to reputable advocates to assist them with their recovery, says Greg.
Do breed-specific bans prevent dog bites?
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We always see adorable dog photos online, but sometimes it’s easy to forget the damage dogs can do when they attack or bite people or other dogs.
Dog bites can land victims in emergency rooms in need of plastic surgery and if bites are left untreated, the germs from their jaws can lead to infections resulting in body amputations.
In a bid to curb dog attacks, Ontario’s government passed a controversial ban on pit bulls in 2005, which prevents owners from owning, importing or breeding pit bulls. This applies to pit bull terriers, Staffordshire bull terriers, American Staffordshire terriers, American pit bull terriers and dogs with a similar appearance and physical characteristics to pit bulls.
Since the ban was implemented, there’s been lots of debate around whether it’s been an effective deterrent.
The National Companion Animal Coalition, which has members such as the Canadian Federation of Humane Societies, the Canadian Veterinary Medical Association, the Canadian Kennel Club and the Pet Industry Joint Advisory Council of Canada, don’t support breed-specific bans. This is because there are dangerous dogs across all breeds, there’s no objective way to establish a dog’s lineage and that a dog’s temperament and behaviour is affected than more than their breed.
Instead, the organization recommends levying hefty fines on dog owners who have been involved in an attack, encouraging dog owners to spay/neuter, socialize and train their pets and creating assessments of a dog’s temperament and viciousness, along with protocol on how to deal with them once they’ve deemed to be dangerous.
Over the years, there have been many studies looking into the ban’s effectiveness.
Winnipeg, which was the first Canadian city to implement a pit bull ban, has had a ban in place since 1990. In a 2012 study, a researcher from the University of Manitoba’s Faculty of Medicine found that cities with pit bull bans saw less dog bite hospitalizations compared to cities without it. Also, the study found that there was a drop in the number of young victims too.
The study, which was published in the journal Injury Prevention, also found there was a huge drop in the number of dog attacks after the ban. The researcher warns that the study doesn’t show that the bans are the reason behind the drop in attacks, she says there’s a “promising link”.
Another study published in the Journal of Veterinary Behavior found that dog breeds that were considered to be dangerous were not anymore aggressive compared to breeds that weren’t. The study found that the dog’s size affected the canine’s aggressiveness and fears it experienced. Also, there was a link between the pet’s destructive behaviour to the canine’s sex, age, size, when the owners got the dog and whether their elimination behaviour.
Meanwhile, the City of Ottawa has refused to enforce the pit bull ban.
Whether the ban is effective continues to be debated and some cities will continue bans. No matter the type of dog, it’s important people recognize when a canine is agitated or feels threatened to avoid being bitten.
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.
Should you install cameras in your vehicle?
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There are red light cameras in traffic lights to help police stop speeding and there are security cameras in many stores or businesses. But is having a camera in your vehicle a good idea?
Dashboard cameras are common in Korea, China, Russia and Eastern Europe and it looks like they are gaining popularity in Canada. Cameras can cost about $50 to $350, but can climb in price if you’re hoping to capture video both ahead and behind your vehicle with a double-lens camera, according to the Vancouver Province.
Cameras have been used as evidence of a crash to show adjusters in Manitoba, a spokesperson with Manitoba Public Insurance told Global News, and they may be considered as evidence in court. They can also be helpful when dealing with auto insurance fraud, the United States’ Insurance Information Institute told Popular Mechanics, which could further improve insurance rates for Ontario drivers.
Earlier this year, a dashcam video shot in Northern Ontario shows a collision between a couple and another driver that entered the highway in front of them. The couple (and the owners of the dashcam) was driving along the Kenora Bypass when a pick-up driver carrying a trailer drove out from a side road to make a left hand turn. The pick-up driver didn’t slow down before making the turn as the couple came to terms with the fact that they going to be involved in a crash. The pick-up driver was originally only charged with failing to yield to traffic, but the video shows that he was talking on his cellphone during the collision. Police are looking into additional charges of distracted driving after viewing the video.
Another dashboard camera video shows the near collision between two semi-trucks northeast of Thunder Bay. The driver of one semi-truck drove onto the opposite lane, where the other semi-truck was traveling, to overtake a snow plow. The owner of the dashboard camera was forced to hit several guard posts, while the driver of the other semi-truck switched back to its lane last minute and continued on its journey. Police were able to use the footage to identity the truck and press charges against the Milton driver, according to the Toronto Star.
While dashboard cameras can be useful, it’s important to mount them appropriately so they don’t obstruct your vision and that they don’t become a distraction when you’re driving.
Cameras can help you capture footage, but they can also ensure that drivers are backing up safely. The United States’ transportation department has recently ruled that all new cars and light trucks will be required to have rear-view cameras installed by 2018.
While technology, such as seatbelts or blind spot monitoring can assist drivers, it’s important that drivers practice good driving habits and stay focused while driving.
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.
Children’s products recalls ineffective
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The number of recalls has climbed drastically within the last few years. Sometimes it seems there’s a new recall every day, whether it’s meats with traces of listeria which could leave someone very ill or a GM vehicle with ignition issues which could make the vehicle dangerous to drive.
Consumers have the right to expect the products they purchase are safe to use and eat. While companies have controls in place to verify safety, for whatever reason, unsafe products may be sold on the marketplace to unsuspecting consumers.
Recalls can either be done on a voluntary basis or certain departments have the authority to pull them off shelves, which many products fall under the jurisdiction of Canada’s Consumer Product Safety Act. Parties who must follow the act are those who: manufacture the product, import the product into our country, sell a product, advertise a product, test a product or package a product.
For Canadian consumers who want to know whether their products are affected, the Healthy Canadians database details advisories, recalls and safety alerts from Health Canada, the Canadian Food Inspection Agency and Transport Canada. Each advisory details the product, what customers should do, what to look for and the risks involved with these products.
But a recent study in the U.S. may show that these recalls aren’t as effective as they could be. There’s a very small 10 per cent response rate for recalled children’s products, whether it’s having the toy destroyed or fixed, according to a recent Kids in Danger report. Even after a recall is issued, there were still 584 product incidents and 39 injuries, says the report.
Clothing and nursery products were responsible for 52 per cent of reported injuries in 2013 and on average, it typically takes 14 reports with design issues and two accidents before a company yanks a product off the shelves.
In many situations, companies should act quickly to recall items before they cause more harm to others who assume the product is safe.
One prime example is the ongoing GM recall issue, which has seen the company fined $35 million due to its faulty ignitions that are connected to the deaths of 13 people, possibly more, within the last decade. The company is under scrutiny for its slow lead time to a recall and a recent independent report found that there was no sense of urgency to pull the cars off the assembly line and notify customers. The company is also facing multiple class action lawsuits in Canada and across the border.
Toyota also recently recalled a large number of vehicles (6.4 million), which comes after the company settled in a $1.2 billion lawsuit with the U.S. Department of Justice over unintended acceleration problems in its cars that led to many accidents.
Product recalls can have very real, unintended and harmful consequences for families and their loved ones and you have the right to file a personal injury lawsuit for a product’s liability. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have handled personal injury cases throughout Ontario for over 45 years. Call us at 416-920-4242, set up a free consultation, and come speak with us.
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