Investigators with the York Regional Police Major Collision Investigation Unit have laid charges agains the driver involved a fatal single-vehicle collision, which occurred in the City of Markham on November 18, 2016.
This fatal accident occurred on Friday, November 18, 2016, in the vicinity of 14th Avenue and Markham Road in the City of Markham. Sadly, a 17-year-old woman, was pronounced deceased at the scene. The driver of the Range Rover vehicle, a 22-year-old woman, was taken to hospital suffering from minor injuries and a 21-year-old woman who was a passenger was taken to hospital suffering from serious injuries.
The driver of the vehicle was arrested and charged with Dangerous Driving Causing Death on the day of the collision. As a result of further investigation, officers have laid additional charges related to impaired driving, as follows:
This recent fatal collision is a sad reminder of the dangers of driving while impaired. Our sincere condolences go out to the family and friends of the young woman that lost her life in this crash.
With the holiday season, Iacobelli Law Firm would like to remind you to enjoy your time responsibly. Please do not drink and drive.
In Ontario, dog owners are liable for damages if there dog bites or attacks a person or domestic animal. You can see the news story and video on CityNews that aired on November 15, 2016 here.
In Ontario, the Dog Owners Liability Act makes the owner of a dog liable for damages resulting from a bite or attack by the dog on another person or domestic animal. Where there is more than one owner of a dog that bites in Ontario, the law makes all owners jointly and severally liable for the damages caused by the dog.
It is significant that in Ontario, the liability of the dog owner does not depend upon knowledge of the propensity of the dog or fault or negligence on the part of the owner.
If you or a loved one has been injured by a dog bite or attack, contact Iacobelli Law Firm for a free consultation and to learn about your rights.
The staff at Iacobelli Law Firm wish you and your family a Happy Thanksgiving. This Thanksgiving we have much to be thankful for. In particular, we would like to give thanks to our clients for their trust and confidence during their challenging and difficult times.
We know that for many victims of accidents life may seem bleak and may be especially difficult during holidays. We hope that you will discover the blessings in your life on this Thanksgiving and everyday.
Iacobelli Law Firm is reminding drivers that Ontario school children are back to school. Over the past few years there have been several tragic accidents involving school children that have been struck by motor vehicles. Motorists are reminded to be alert especially during early morning and afternoon, when many children are walking to and from school.
In the GTA many police are implementing increased presence within and around school zones. For instance, the York Regional Police have launched Operation ABC (Always Be Careful), a traffic initiative that was launched in 2006 in partnership with the York Catholic and York Region District School Boards. This initiative aims to educate motorists, students, parents and teachers about the importance of pedestrian safety in school zones.
Wishing all of our students and educators a productive and safe school year.
In my practice as a motor vehicle accident lawyer, I have been involved in a number of cases in which the accident, or events leading up to the accident, have been captured on video. In the past, this was usually the result of surveillance cameras within the vicinity of the collision. Increasingly, however, we are meeting clients that have onboard cameras. These are either dash cameras or, in the case of motorcyclists, cameras mounted to their helmets. Most often, the video corroborates entirely our clients version of events. Although police often get it right, and charge the appropriate party, this is not always enough to convince insurance companies. Sometimes, the at fault driver gets off the charge on a technicality. Later, the at fault driver may attempt to skirt liability by changing the facts about how the accident happened. The ability to look at video can be the difference in some heavily contested cases.
This afternoon, I met a responsible motorcyclist that was out riding with a helmet mounted camera. I think it is a great idea to use these cameras. Hopefully, you will never need the footage to prove fault in the context of an accident. Think of it like all your safety gear-you hope you never need it, but you'll be happy you had it in the event that you do.
In my experience, cameras are particularly beneficial for motorcyclists. Although the majority of motorcycle accidents involving other vehicles, are the fault of the larger vehicle, there remains a public bias against motorcycles. We have been involved in countless cases where the other driver and their insurance company attempt to blame the motorcyclist for changing lanes or driving to fast. Witnesses often get it wrong when motorcycles are involved. The video footage usually proves this, and demonstrates that the motorcycle was driving appropriately.
If you have questions about a motorcycle accident, call our motorcycle lawyers for free consultation at 1-866-234-6093.
If you are involved in a car accident in Ontario and call 911, you will be asked if anyone is hurt or requires the service of an ambulance. If you are not sure, it is better to err on the side of caution and request the ambulance. At the very least, you will be assessed at the scene of the car accident. If you feel any symptoms following the accident, or if the collision was severe and resulted in property damage to the involved vehicles, it is best to go to the hospital and be assessed by a doctor.
Often times, symptoms can set it much later following an accident. Sometimes symptoms can become severe in hours or days following the accident. Serious injuries may not be immediately recognized at the scene of the accident.
If you were injured in a car accident, and declined to go to the hospital by ambulance, then you should have a family member or friend take you to the hospital within 24 hours of the accident. Again, it is better to be cautious and get assessed by a medical professional.
If you are injured in an accident, and want to consider the option of making an insurance claim, again it is important to have a doctor assess your symptoms and offer treatment advice. Ultimately, the insurance company will be relying on medical records to asses the nature of your injuries. In the absence of medical treatment, the insurance company will conclude that you are either uninjured or that your injuries do not merit any compensation. .
To learn more about your rights following a car accident, call us for a FREE CONSULTATION with an experienced Ontario personal injury and car accident injury lawyer at 416-900-1070 or complete our online contact form here.
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Are you from Ontario and injured while vacationing in Florida? Although no one ever expects to be involved in an accident while on vacation, this happens very often. Each year, many Canadians from Ontario are involved in car accidents, motorcycle accidents, boating accidents, and other injury accidents while vacationing in Florida.
While an accident in another country can be extremely stressful, Ontario residents will often be able to bring claims to recover their losses and obtain compensation for their pain and suffering if the accident occurred in Florida. Claims on behalf of Ontario residents injured in Florida are generally more complex because of the interplay between Ontario and Florida law and the various insurance claims that may be applicable. As such, it is extremely important to obtain legal advice from a lawyer with experience in this area of law.
As a previous resident and trial lawyer in the State of Florida, I leverage this experience in representing Canadians that have been seriously injured in Florida. Claims involving Ontario residents injured in Florida are unique and often involve claims being coordinated in the United States and Canada. Each of these claims will impact and effect the outcome of the other and, therefore, it is important to seek advice before making decisions that can affect your future.
If you are a Ontario resident that has been injured in Florida accident, call Attorney Andrew Iacobelli for a FREE Consultation. Even if you have already hired an attorney in the State of Florida, call us for a free consultation. We can give you advice about Ontario benefits that may be available. If you or a loved one has been admitted to a Florida hospital, we can arrange to meet with you in Florida. To learn more contact our Ontario-Florida accident lawyer 416-900-1070 (Toronto) or at 561-625-6133 (West Palm Beach) and learn how we can help.
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There is no question that large companies are powerful and have influence. As an Ontario car accident lawyer, I am reminded every day of the power imbalance between the powerful and the vulnerable. It is the courts and our right to a jury of peers that is the great equalizer - the jury is the final arbiter of disputes between David and Goliath. Although I still believe that jury trials are the best option for a fair resolution of disputes, in Ontario the jury trial has been pervaded to some degree by the influence of large and powerful auto insurance carriers. The Courts must apply the law - and laws respecting the rights of Ontario car accident victims are written by legislators. As we know, legislators are politicians and politicians can be, and often are, influenced by those with the power and resources to influence - in this case of injury law the influential are the large insurance companies.
Unfortunately we have ceded our common law justice system and replaced it with a minefield of laws and regulations that heavily favours the insurance company profits over the rights of victims. Today, in Ontario, victims of car accidents that attempt to find justice in the courtroom among a jury of their peers are forced to be silent about how the auto insurance claims process really works - how it puts profits over people. Below are just some of the truths that the jury is not permitted to know in a car accident injury trial:
1. Insurance. The jury is never told that the defendant has insurance to pay for the claim. This is despite the fact that, in Ontario, automobile insurance is mandatory. Many, if not most, auto insurance policies provide for $1 million in liability coverage. Furthermore, it is the insurance company that hires and pays for the defense lawyer, litigation expenses, surveillance, background investigations on the victim, expert reports, etc. It is the insurance company that decides whether or not to pay a claim or force the victim to a trial. Nonetheless, the insurance company will put on a good show for the jury. Almost always the defense strategy will include having the individual defendant (the driver of the at-fault car) paraded into the courtroom to sit there looking scared and worried about the outcome of the case. Insurance companies routinely do this so that the jury will believe that the individual defendant is also, in some way, a victim that has been dragged through a trial and litigation process. There is nothing further from the truth. The fact is, the individual defendant has had virtually no involvement in the case whatsoever. It is controlled and managed by the insurance company, their adjuster, and their defence lawyers. The insurance companies have in-house lawyers, and law firms that they routinely use to defend car accident cases. Nonetheless, insurance companies and their defense lawyers routinely try to mislead juries and make them think that the defendant has no insurance. The jury will never hear any mention of the defendant's insurance or the policy limits available.
2. The threshold. This is something that most people in Ontario have never even heard about. Thanks to the insurance industry lobby, victims that have been injured in car accidents are unable to obtain compensation for any non-OHIP covered future medical expenses (ie. drugs, physiotherapy, pain management, equipment, etc. ) or even pain and suffering unless, and only if, they are able to convince the judge that their injuries are serious and permanent. In a recent trial, a jury made up of the community fairly and reasonably awarded a 66-year-old victim $75,000 for her pain and suffering after carefully listening to the evidence for nearly 3 weeks. Nonetheless, after the jury verdict was rendered and the members of the jury were discharged, the judge made his own finding that the injuries were not serious and permanent. On that basis, the judge wiped out/erased the entire award for pain and suffering and for future medical. The jury was never told about the threshold and they had no direct input whatsoever on making any finding or recommendation on whether they believed that the victim in fact sustained a permanent and serious impairment. Nonetheless, even the judge acknowledged that the award of $75,000 must have meant that the jury believed that the victim's injuries were permanent and serious. At the end of the day, however, the jury finding was ignored by the judge.
The threshold, like so many other rules in car accident injury cases, exists for the sole purpose of protecting the profits of large insurance companies at the expense of victims. The insurance companies propagate the idea that people bring frivolous claims in an effort to defraud insurance companies and drive up our premiums. Anyone involved in the industry - on both sides - know that this line is such a crock. It is not the victims that are afraid to share all of the facts with the jury and let them decide the merits of a claim. The victim in a personal injury case is forced to divulge personal information about their lives, including their education (grades), income tax records, and medical history and treatment to a jury made up of six strangers. The victim is subjected to surveillance and invasive medical examinations on behalf of the insurance company. The jury is made up of ordinary people and, one would expect that the six people could fairly decide whether a person deserves compensation or not. I certainly believe in the jury system, and feel that the jury can find the truth when they have all the relevant information. I do not think that there is a lawyer in Ontario that would be foolish enough to bring a frivolous case in front of a jury. Let's get real, it's expensive to have a trial, pay for doctors and accountants to attend at trial to testify, etc. A lawyer that takes a case to trial has to absolutely believe in the merits of his case and client. But here's the real kicker-the threshold only exists in car accident cases where the money on the line belongs to some massive insurance company. If you or I were in a dispute over money and brought our case the court, we wouldn't have the benefit of anything like the threshold - no one is looking to protect your hard earned money.
3. The deductible. Here again the big insurance companies have successfully managed to get a law that allows them to to increase profits at the expense of the victim. In short, the insurance company gets to deduct $36,540 (increasing annually) from the pain and suffering awarded by the jury. Again, the jury is not allowed to hear about this or learn anything about the existence of this deductible. At the end of the trial, the jury will be asked to decide how much the victim should be awarded for her pain, suffering and loss of enjoyment of life. The jury will be left with the impression that the value they decide upon will actually be awarded to the victim. In reality, after the jury is discharged and sent home, the judge will apply the $36,540 deductible and enter a judgment accordingly. As such, where a victim is awarded $75,000 by the jury, the actual judgment will be reduced to $38,460. The jury is not allowed to know this because, obviously, the jury would likely increase the award in order to be fair to the victim at the expense of the insurance company.
Despite these challenges in the system, Ontario's personal injury lawyers must continue to be advocates for the injured. At our Ontario injury law firm, we will continue to take cases as far as necessary and through trial where the insurance company attempts to bully victims.
If you or a loved one has been seriously injured in a car accident, make sure you have a lawyer that is willing to fight for you. We offer FREE CONSULTATIONS with absolutely no obligation. To learn more, or to speak with one of our dedicated Ontario injury lawyers call us at 416-900-1070 or toll free at 1-866-234-6093.
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A female pedestrian was seriously injured on the evening of Thursday May 5, 2016 in Richmond Hill, Ontario. This Richmond Hill pedestrian accident occurred in the area of Pemberton Road and Stockdale Crescent in Richmond Hill. The pedestrian was struck by a grey Honda Sonata. The injured pedestrian, a 21 year old female from the Town of Richmond Hill, was taken to hospital with life threatening injuries.
First and foremost, we sincerely hope that the victim of this accident will make a complete and speedy recovery from her injuries.
The accident is being investigated by the York Regional Police Major Collision Investigation Unit, and investigators are seeking witnesses. Any witnesses who have not yet spoken with police are being asked to come forward and contact the Major Collision Investigation Unit by calling 1-866-876-5423, ext. 7704, or Crime Stoppers anonymously at 1-800-222-TIPS, or leave an anonymous tip online at www.1800222tips.com.
The pedestrian accident lawyers at Iacobelli Law Firm have seen first-hand just how tragic car on pedestrian accidents can be. We are dedicated to fighting for the rights of pedestrians who have been injured because of another driver’s negligence. To learn more, or to schedule a FREE no-obligation consultation with a Richmond Hill pedestrian accident lawyer, call us at 416-900-1070 or complete our online contact form here.
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