When fall arrives in Ontario the new season brings many different factors that drivers need to be aware of because as autumn moves into winter, we have less daylight hours. In the later afternoon, pedestrians, cyclists and children playing on streets will also be more difficult to see. With the wetter conditions, fallen leaves and fewer hours of daylight, it’s a good idea to be prepared for the roads ahead. We are pleased to provide you with some driving tips to keep in mind this fall season.
Driving for pleasure in the fall can be vibrant with color but you will also need to be prepared for the changing light conditions, fog and reduced visibility. Our Team at Iacobelli Law Firm wants you to enjoy your fall driving and to remain safe. If you have been injured in an accident caused by the negligence of a driver, Iacobelli Law Firm has extensive experience representing families who have been injured in a motor vehicle accident and we realize how difficult and life-changing it can be for your family. We are a dedicated Ontario Personal Injury Law Firm that provides compassionate and competent legal counsel for the injured and we offer a FREE Consultation so please feel free to call us at 1-866- 234-6093. We are honored to serve our clients and our community. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada as well as offices in Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death.
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There are reports of a serious accident in Richmond Hill, Ontario on the evening of Friday June 26, 2020. According to early reports, the accident resulted in the death of a 27 year old male, and four other people were taken to hospital with serious injuries.
First and foremost, the injury lawyers and staff at Iacobelli Law Firm offer their sincere condolences to the family and friends of the young person that was killed in this accident. The collision remains under investigation with the York Regional Police, and witnesses are being asked to come forward. This accident occurred in the area of Bayview and 16th Avenue in Richmond Hill, at around 10 p.m. on Friday June 26, 2020. One of the involved vehicles rolled over in this Richmond Hill accident. The area of this accident is very well known to us, as this is only a few minutes away from our office and in our community. This tragic accident is a sad reminder of how serious car accidents can be. A momentary lapse in judgment can have life altering consequences. Please drive safe. If you or a family member was seriously injured due to the negligence of another driver, you have rights. We can help you obtain justice for your injury or loss. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada as well as offices in Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death. When a passenger is injured in a car accident in Ontario, a common question we hear from passengers is, which insurance company is responsible for my claim? This is a very good question to ask if you have been injured while a passenger in someone else's car. Like many questions in law, this is a question with many possible answers. To understand which insurance company Is responsible for your injury claim, it is important to first recognize that there are potentially two distinct claims that may be available to passengers that are injured and Ontario car accidents. The first claim is known as an accident benefits claim in Ontario. This is sometimes also referred to as a no-fault claim. Accident benefits essentially provide extended health care coverage and disability benefits to all victims of car accidents in Ontario. We call it no fault, because these benefits are available to anyone who is injured in a car accident irrespective of whether or not they are at fault for, or innocent of fault, with respect to the accident. Ontario law has priority rules, which determine which insurance company is responsible to pay for and administer the accident benefits to a person injured in an Ontario car accident. Generally speaking, however, accident benefits will usually be paid by the injured person’s own insurance provider. As noted, however, there are circumstances where someone else’s insurance provider will be responsible for paying accident benefits to passengers that are injured in a car accident. It is important to note that accident benefits do not provide any compensation to victims for their pain and suffering or loss of enjoyment of life. The second claim that may be available to passengers is a tort claim, which can provide compensation for pain and suffering and loss of enjoyment of life. Unlike an accident benefits claim, however, the tort claim considers fault in awarding compensation to victims. These claims are paid for by the insurance company for the at-fault driver or drivers. For a passenger, this could mean the insurance companies for the vehicles involved in the accident. Often times, more than one insurance company will contribute to the money damages recovered by the passenger that is injured. Again, to determine which insurance company is more likely to pay this claim, fault will need to be considered. Where a family member or other person from the same household is driving, the tort claim may be paid by the same insurance company that is also responsible for accident benefits. It is important to note that even in these circumstances, the claims are separate and unique in terms of the basis for payment and the amount of money that will be paid by the insurance company. Even when it is the same insurance company for tort and accident benefits, these claims are administered by different adjusters/claims handlers. While it is always unfortunate to be involved in a car accident, passengers that are injured through no fault of their own can take some comfort in the fact they can usually recover for their losses through an accident benefits and tort claim. If you have been injured as a passenger in a motor vehicle accident in Ontario, you probably have many questions about your rights and the claims process. At Iacobelli Law Firm, all we do is represent injured accident victims just like you. We welcome your questions and the opportunity to provide you with a FREE, no obligation, consultation with an experienced Ontario car accident injury lawyer. Call us 24/7 at 1-866-234-6093 or complete our online contact form here. We serve clients all over Ontario. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada as well as offices in Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death. Accidents can happen anytime, anywhere and people are distracted more than ever. An accident can happen when you’re driving or even when you are not. This is why it’s important to always be alert when doing anything – especially when crossing the road. As we embrace warmer weather, people are getting out of their homes to exercise and we have recognized that there are more and more pedestrians on the road. Accidents involving pedestrians—and sadly, often children—remain all too common in Ontario. Pedestrians are particularly vulnerable in road accidents as they are unprotected and if struck by a vehicle, are more likely to sustain a serious injury or worse. Pedestrians cannot rely solely on drivers to keep them safe when crossing or walking along the street. The primary cause for pedestrians getting hit or killed on our roads is driver misconduct, vehicle speed and deficient infrastructure that allows pedestrians to cross the street safely. All vehicles must look for, and yield to, pedestrians regardless of where and when they are on the roadway. In order to assist in providing safe crossing to pedestrians, municipalities are required to build infrastructure that allows them to do so. Not only should they assist in allowing all individuals to safely cross, they must pay particular attention to areas where children play and the elderly live. When Drivers Ignore Stop Signs One example of a traffic control device to protect motorists and pedestrians is a stop sign. A STOP sign is one of the most valuable, low cost, and effective traffic control devices when used at the right location and under the right conditions. The purpose of the STOP sign is to clearly assign right-of-way between vehicles approaching an intersection from different directions. The STOP sign requires the driver to STOP the vehicle before entering the intersection, yield to any traffic in or approaching the intersection and then proceed when SAFE to do so. When misused, the STOP sign can create an inconvenient, and even dangerous situation for motorists and pedestrians. Stop signs may often seem like a good solution to neighborhood speeding, but when stop signs are installed to slow down speeders, drivers may actually increase their speed between signs to compensate for the time they lost by stopping. Some drivers tend to accelerate rapidly after a stop, possibly creating an even more dangerous situation. In fact, most drivers reach their top speed within 100 feet of a stop sign. Too many stop signs could cause motorists to ignore the right of way rule, and some may simply choose to ignore the stop sign all together. Road Safety is Important in a Community It is crucial to raise awareness about safety at our intersections in order to create safer communities. In all cities and towns, citizens elect an individual to act as a representative for their neighborhood or ward in their local government. This individual is responsible for ensuring the concerns of their citizens are heard and, where necessary, acted upon. If you notice that there is an issue with road safety in your community, it is important to connect with your local Councillor and/or Mayor to share your concerns. Don't be afraid to connect with them as municipalities have the responsibility to keep our communities safe and you could potentially stop a tragedy from taking place. If you are a pedestrian injured in an accident caused by the negligence of a driver, Iacobelli Law Firm has extensive experience representing families who have been injured as a pedestrian and we realize how difficult and life-changing it can be for your family. We are a dedicated Ontario Personal Injury Law Firm that provides compassionate and competent legal counsel for the injured and we offer a FREE Consultation so please feel free to call us at 1-866-234-6093. We are honored to serve our clients and our community. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada as well as offices in Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death. With so many restrictions on recreational activities due to the outbreak of COVID-19, at least Ontario motorcycle riders can still enjoy the open roads. As we have seen warming temperatures over the past week, it is a pleasure to see motorcycles back on our roadways. For many motorcyclists, riding these days is a great escape from the isolation we are all experiencing. Taking to the open road, even when riding alone, is a lot of fun. There's simply nothing else like it. Motorcycle riders are also enjoying our less busy roadways. For other motorists, this is the time of year when you need to start becoming more aware of your surroundings and check for the presence of motorcycles. Sadly, many motorcycle riders are involved in crashes due to other motorists failing to check their surroundings. It is especially important for motorists to look carefully before changing lanes, and before making left turns. These two scenarios are common in motorcycle accidents because drivers often do not see the motorcycle or mistakenly believe that the motorcycle is further away than it actually is. Please give motorcycles plenty of space and be courteous. To all my motorcycle loving friends and family, enjoy the open roads while it lasts and stay safe. Happy Riding!! Driving in the winter can be extremely hazardous and unfortunately our Ontario highways have already experienced numerous pile-ups this season. Pile-ups typically occur in low-visibility conditions as drivers are caught off guard by driving too close to the vehicle in front and not adjusting to the road conditions. While the weather may play a big part in these types of accidents, distracted driving and impaired driving can also cause multi-car pile-ups. Being stranded on a major highway as a motorist in treacherous weather conditions is terrifying for everyone involved including first responders. Although any type of motor vehicle accident can create unexpected medical, financial and legal issues, multi-car crashes can magnify these matters. Multiple cars involved in an accident such as an unexpected chain reaction can amplify the chaos, making it more difficult to ascertain fault and making insurance claims much more complex. If you are involved in a multi-vehicle accident, here are some reminders to keep in mind. Consider Your Safety First
Keep Calm When an accident involves multiple cars, the accident scene invariably turns more chaotic. If you can, use your phone to take photographs of the accident. With more than two cars involved, the attending police officers will likely collect eyewitness statements and contact information themselves. Try your best to write down how the accident happened, what transpired, and any mitigating circumstances that may have contributed to the accident (such as inclement weather, debris in the road, a detour, or a reckless driver). In the chaos of a multi-car accident, your memories may fade quickly and writing it down will help you keep your memories clear. Questioning at the Scene When involved in any type of motor vehicle accident, the less you say, the better off you are. If police interview you, respond truthfully with short answers that address only the exact questions that the officers ask you. In multi-car crashes, ascertaining who is at fault is more complicated than in two-car accidents, and you do not want to place unwarranted fault on yourself. Because of the complex nature of chain reaction car accidents, it is wise to consult with a lawyer as soon as possible to get advice on how to proceed with your claim. If you were injured in a multi vehicle pile-up, you owe it to yourself to get a free consultation with an experienced personal injury lawyer. At Iacobelli Law Firm, we have extensive experience representing clients who have been seriously injured in multi-vehicle accidents and we realize how difficult and life-changing it can be for you. We are a dedicated Ontario Personal Injury Law Firm that provides compassionate and competent legal counsel and we offer a FREE Consultation so please feel free to call us at 1-866-234-6093. We are honored to serve our clients and our community. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada as well as offices in Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death. Drunk drivers are one of the most dangerous drivers on the road and unfortunately many people still choose to drink and drive. The tragedy in this is that serious injuries can take place as well as fatalities and those collisions could have been prevented if the driver had decided to refrain from getting in their car. In the age of ride sharing options like Uber and Lyft, there is no excuse to get behind the wheel if you have had too much to drink. Despite numerous tragedies, the number of people charged with impaired driving, whether by alcohol or drugs, continues to rise annually. In 2019 alone, York Region Police laid more than 1,700 impaired-related criminal driving charges. Recognizing Drunk Driving on the Road Although we imagine that most drunk driving cases happen late at night after consuming too many drinks at a bar or party, the reality is that a driver can be under the influence of alcohol at any time. Some of the signs to watch out for include:
What to Do if You Spot a Drunk Driver If you suspect that a car on the road is being operated by a person who is under the influence of drugs or alcohol, the main objective is to keep yourself safe while finding a way to get them off the road. To report a drunk driver, you need to call 911 as soon as possible either by using your hands free or you will need to pull over when it safe to do so and make the call. Let the operator know you want to report a suspected drunk driver. Give them the exact location of the vehicle and try to be as specific as possible. Your call to report a drunk driver could end up saving lives and preventing a serious accident. Steps to Take Immediately After a Drunk Driving Collision Unfortunately, many innocent drivers are seriously injured by an impaired driver. If you find yourself involved in a motor vehicle accident that involves an impaired driver, please keep in mind the following tips.
There are simple steps you can take to avoid driving while impaired simply by having a plan to get home safely. Have a designated driver, use public transit, call a friend or family member for a ride, or call a taxi or a ride share. There is no excuse. At Iacobelli Law Firm, we have extensive experience representing clients who have been harmed by drunk drivers and we realize how difficult and life-changing it can be for you. We are a dedicated Ontario Personal Injury Law Firm that provides compassionate and competent legal counsel and we offer a FREE Consultation so please feel free to call us at 1-866-234-6093. We are honored to serve our clients and our community. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada as well as offices in Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death. As our Personal Injury Lawyers welcome a New Year, our Team would like to acknowledge those that may have suffered tremendous losses this past Holiday Season by having the unfortunate experience of being involved in a motor vehicle accident. Our thoughts are with everyone that continue to recover from such a life-changing event. Although there were several incidents across Ontario, we would like to take this opportunity to remind you how important it is when you find yourself a witness to an accident on our roadways. One incident that comes to mind is when Hamilton Police reported that a 68 -year-old man was killed in a collision while walking with an 89-year-old woman when they were stuck by a motorcycle this past Saturday. First and foremost, the wrongful death lawyers at Iacobelli Law Firm offer sincere condolences to the family and friends of the victims of this terrible tragedy. Hamilton Police reported that people who walked right by the accident scene not only did not help the victims but also reportedly took items belonging to the victims and other motorists just drove right by or through the accident scene itself without stopping. These days, especially around the holidays when traffic increases and the more time you spend on the road, the greater chance of being a witness to a motor vehicle accident. Whether you were driving behind a fender-bender or walking by a crash that may have taken place, here’s how you can be a good citizen and help. Safety First Whether you are walking or driving and a motor vehicle accident takes place in front of you, make sure you walk or pull over to a safe area. If you are driving and witness a pedestrian being hit by a vehicle, stop when it is safe to do so. Don’t assume that someone else has called 911. Report the collision yourself and explain that you were a witness. Give your name, contact information, location and any other important facts over the phone. While it’s important to help others, you should not endanger your own life in the process. Only pull over and exit your vehicle when it is safe to do so. Do not stop your vehicle in the middle of the road or you could risk causing another accident. Put on your hazard lights immediately. Use Caution If you feel it’s safe to get closer to the scene of the accident to see how you may be able to help, keep in mind that if you see someone hurt you should not attempt to move them as you could make their injuries worse and you may also be held liable if you cause further injury to someone at the scene. When you make it to the scene, if someone is hurt or scared, you can act as a source of comfort until an emergency response team arrives or set up road flares to block off the accident scene. Never touch any personal belongings at the scene of an accident. Every item at the scene is of high importance in a police investigation as they re-construct the accident scene. Every bit of information and evidence is crucial to their investigation and you could be criminally charged with theft. If you are a witness to a Hit-And-Run-Driver, never try to stop or pursue them. He or she could be dangerous. Write down or take a photo of the license plate number if you can and call 911 immediately. Your Self- Care You can help the authorities and those involved by giving an account of what you witnessed. Or, in more tense situations, especially if someone was driving inappropriately or recklessly and caused the accident, the victim(s) will benefit from you giving a statement to the police as a witness. Always be mindful of your own safety and try to stay calm. Being a good citizen and helping victims even if you weren’t involved in the collision itself, can be distressing. If you saw a serious or fatal collision, you may still be thinking about the scene days or weeks later and it’s normal to remember your role in the incident. However, if you feel guilt or suffer anxiety to the point where it is affecting your sleeping patterns, you could be suffering from trauma and will need to speak with your family doctor. In the event of a serious accident, it is understandable that as a witness, you may not know how to help those involved. By remaining calm and providing whatever assistance you can while keeping yourself safe, you may be able to make a difference and potentially save someone’s life. How you act in those pivotal first few minutes after a car accident can have a meaningful impact on both the victims and the emergency response team. Iacobelli Law Firm realizes how difficult it is to recover from a serious injury and you do not have to face the consequences alone. Our Team at Iacobelli Law Firm strives to make sure that you are set up with the appropriate care that you need while you recover from your injuries. We provide compassionate and competent legal counsel for the injured throughout Ontario and offer a FREE Consultation so please feel free to call us at 1-866-234-6093. We are honored to serve our clients and our community. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada as well as offices in Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death. As winter weather is approaching southern Ontario, it is time to consider winter driving. Driving during the winter requires attention and responsibility to take care for your own safety and the safety of others on the roadway. Severe winter weather can be frightening and dangerous for drivers of all ages. Ice, snow and untreated roads can make even the shortest trips treacherous. What is worse, many drivers do not exercise proper care when encountering bad weather. As we approach the winter season, here are some safe driving tips we would like to share with you this winter season:
When you have a hard time seeing due to a white out condition
Winter driving can be dangerous but with a little preparation, you can keep yourself and others safe this season. If you had the unfortunate experience of sustaining an injury while driving in the snow it is important to contact a personal injury lawyer as soon as possible. Our team at Iacobelli Law Firm realizes how difficult it is when you find yourself involved in a collision and the hardships that you unexpectedly face. Our Team provides compassionate, professional and effective legal counsel. We also offer a FREE Consultation so please feel free to call us at 1-866-234-6093 or complete our online contact form here. We are honored to serve our clients and our community. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada as well as offices in Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death. Driving without insurance in Ontario is against the law and could have serious consequences if you are involved in an accident. In addition to not having insurance coverage to protect you from a claim for loss or injury, an uninsured driver also risks no means to recover in the event that they are injured. Pursuant to s. 267.6 (1) of the Insurance Act, any person operating a motor vehicle in contravention of s. 2(1) of the Compulsory Automobile Insurance Act (i.e. having insurance when operating a motor vehicle), forfeits all right to pursue a claim for injuries or losses. The language of s. 267.6 (1), provides as follows: "Despite any other Act, a person is not entitled in an action in Ontario to recover any loss or damage from bodily injury or death arising directly or indirectly from the use or operation of an automobile." This section does not contemplate fault, it is a total bar to bring an action to recover for your injury or loss. An exception exists in the situation where a driver is operating another person's vehicle without knowledge that it was not insured. The test is one of reasonableness; that is, that the driver could not have reasonably known the vehicle was uninsured. Protect yourself and others while driving by making sure you have valid insurance coverage at all times. If you were injured due to a driver without insurance you still have rights to claim for your injuries. There is coverage available to innocent victims that are injured due to the fault of an uninsured driver. If you are not sure about your rights because of an insurance coverage issue, contact an experienced lawyer. The injury lawyers at Iacobelli Law Firm are experienced in accident and insurance claims. Get answers now - call us for a consultation anywhere in Ontario toll free at 1-866-234-6093 or complete our online contact form here. |
AuthorAndrew Iacobelli is an Ontario lawyer that restricts his practice to representing personal injury victims and their families. Andrew is the founder of Iacobelli Law Firm. Archives
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