Traffic in Toronto and the GTA is densely populated, forcing drivers, bicyclists and pedestrians to compete for road space, often resulting in severe accidents. If you are suddenly involved in a car accident, whether as a driver, cyclist or pedestrian, it is highly recommended that you have effective legal advice.
Accident Benefit Claims and Tort Law
Ontario provides for two branches of claims for those involved in car accidents: Statutory Accident Benefit Claims and a potential lawsuit against the at-fault party in tort law.
Statutory Accident Benefit Claims, part of Ontario’s no-fault system, is in place and provided by your insurance company to assist you immediately following an accident. The types of benefits available to you will vary depending on individual circumstances; however, at a minimum, your medical and rehabilitation expenses will be looked after. Furthermore, these benefits are available to you even if no other party was involved in the car accident apart from yourself. For example, if you were to lose control of your vehicle for whatever the reason and strike an object, you would still be entitled to benefits. As of June 1, 2016, these benefits were significantly reduced by new legislation. The strong legal presence provided by Mayfair Law Group, however, can help you to maximize the benefits that you are entitled to.
Tort Law: a tort occurs when someone commits a wrongful act leading to injuries and subsequent damages. You can file a lawsuit against the at-fault party whose negligence caused the accident and your subsequent suffering.
Personal injuries from a car accident can result in long-term suffering, disability, emotional duress, loss of wages, and the need for intensive medical care. Head and brain injuries and paralysis for example, result in life-altering circumstances. Compensation for such a catastrophe will enable you to receive medical treatment and rehabilitation services as well as financial support enabling you and your family to maintain – as closely as possible – your quality of life prior to the accident. This is what the law is intended to provide, and Mayfair Law Group is here to help you provide for your needs, both immediate and long term.
Lawsuits can also be commenced as a result of a fall which was caused, or contributed to, by a municipality or property owner. They can be found negligent for not properly maintaining an area and therefore responsible for the accident and any resulting injuries. Examples include poorly maintained roadways and sidewalks, large potholes and ruts and lack of timely and adequate clearing/salting/de-icing, all of which can and do lead to falls and injuries. Let Mayfair Law Group help you determine to what extent such factors contributed to your injury and the recourse options available to you.
Personal injury also involves bicyclists and pedestrians along with drivers.
There’s no “crush space” as car makers say, around bikes and people. Given this increased risk of sustaining serious injury and debilitation even from what might seem a minor accident, cyclists and pedestrians are considerably more subject to the risk of disastrous, personal injury outcomes. The following statistics reveal the danger:
In 2016, for example, 17.6% of fatalities were pedestrians, while 2.2% were bicyclists. However, the figures are reversed for non-fatal personal injuries, with 4.6% of pedestrian sustaining injuries while 14.4% of bicyclists were injured in accidents. https://www.tc.gc.ca/eng/motorvehiclesafety/canadian-motor-vehicle-traffic-collision-statistics-2016.html)
Any injury to a cyclist or pedestrian requiring medical attention therefore, also requires legal attention.
Ultimately, should you be involved in an accident, the laws are intended to provide you with the compensation that will restore to you, to the extent that compensation can, the quality of life you enjoyed prior to the accident.