Injured in an Ottawa Car Accident - What You Need to Know.
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Now that it’s the middle of winter, you’ve probably gotten the hang of driving in the snow again. However, there are nearly 157,000 traffic accidents each year due to snow and ice-covered roadways. Nearly 117,000 of those accidents cause injuries. Oftentimes, accidents in the winter happen no matter how cautious you are. There are some preventative measures you can take to keep yourself and others safe, though. Read on to see what they are.
Remove Snow
This may seem like a no-brainer, but many people don’t take the time to remove the snow from their cars before hitting the road. However, skipping this imperative step can lead to major consequences. If you don’t clear your front and rear windshields and all passenger windows, you can’t see well enough to avoid accidents. You need to be able to see when you back up, switch lanes, and make turns--not just when you’re driving forward. Get an automatic car starter or start your car early. You might have to brush away some snow and ice, but it will take much less time if your car has been running for a while.
Slow Down
This seems like another obvious tip, but once people grow accustomed to driving in winter weather, they tend to speed up. Your tires won’t grip the road as well in snow or ice, and it will take longer to brake, accelerate, and turn. It’s best to drive 45 mph or slower in snow or ice. This can give you more time to react or reduce the damage if you are in a collision.
Maintain Your Car
It’s especially important to maintain your car in the winter. Worn wiper blades can leave snow, ice, and dirt on your windshield and block your vision, and low tire tread will give you less control on roadways. Replace them and make sure everything else is working properly to avoid breakdowns. Other drivers will be more likely to hit you if you break down on the side of the road during a blizzard or storm because they won’t see you or won’t be able to stop in time.
Pay Attention
Many people are tempted to look at their phones or adjust the radio, but not paying attention in inclement weather can cause accidents. Remember that your car won’t stop, swerve, or turn as quickly in snow and ice, so you need to watch the road and keep both hands on the wheel. It’s even a good idea to lower your heat to stay alert. You will also want to make sure that your car isn’t multi-tasking--if you try to brake and turn at the same time, you might lose control. Be sure to slow down while you’re still going straight when the roadways are slick before making a turn.
In an Accident?
Many times, winter accidents happen despite your best efforts. If you hit someone or someone hits you, be sure to move to a safe area, stop, and turn off your car. Make sure you aren’t injured before you try to get out of the driver’s seat. If you’re okay, get out and see if the other driver, passengers, or pedestrians are okay as well. If anyone is injured, call 911. If everyone is alright, you should also call the police to file a report. Then, exchange insurance information. If you can, take a few pictures of the damage while you’re at the scene.
Get a Car Accident Lawyer
If you, the other driver, passengers, or pedestrians were hurt in the accident, you may want to get a car accident Lawyer or personal injury Lawyer. A car accident Lawyer can advise you on your next steps. You may not think that you need a car accident Lawyer or personal injury Lawyer; however, even if no one is exhibiting any signs of injury right away, it doesn’t mean they won’t later. It isn’t a bad idea to see a doctor after you’ve been in an accident as well. You can even consult with a car accident Lawyer or personal injury Lawyers to see if you will need to take any action. If the weather isn’t safe, it’s best not to drive in it. However, taking these preventative measures this winter can help you avoid accidents when you have to go out.
Frequently Asked Questions
What if I or the other driver don't have insurance?
What if I or the other driver don't have insurance?
Answer: Ontario's auto insurers provide accident benefits and liability insurance. The accident benefits claim and the tort claim both work together toward covering your losses stemming from the accident. So, what happens when one of the parties involved doesn't have insurance? I've listed the most common scenarios:
A rear-ends B. A doesn't have insurance. B does have insurance:
The standard Ontario insurance policy includes coverage in-case the at-fault party is uninsured or underinsured. B's insurer would be on the hook for the accident benefits and the damages caused by the at-fault party as well (tort claim).
A strikes B (a cyclist). A has insurance. B doesn't have insurance:
In this case, it's up to A's insurer to provide both accident benefits in addition to compensation for the damages caused by A.
A is a pedestrian struck by driver B. A is injured. Neither A nor B have insurance:
In this circumstance, plaintiffs turn to the Motor Vehicle Accident Claims Fund. The fund may provide:
- Accident benefits
- Death and funeral benefits
- Compensation for personal injury or property damage (except for vehicles)
Although the fund does not work exactly like an insurer, it does provide a safety net for injured parties with no accessible insurance policy.
Resources:
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Personal Injury - What steps can you take to protect yourself?
What should I do if I am injured and someone else is responsible?
As a litigation Lawyer, I am often retained weeks, months or even years after a client has suffered an injury as a result of another’s negligence. Ideally, if you are injured as a result of someone else’s negligence, you should contact a Lawyer promptly to review the circumstances of the incident. I routinely meet people for a no obligation consultation to discuss matters such as liability, limitation periods and evidence that must be preserved.
At the scene of the accident, you should take several steps immediately, whether it is a motor-vehicle accident or a slip and fall, a dog bite or injury caused by a defective product:
- Identify who is responsible (i.e. exchange of information). If possible, take photographs of obvious material damage (in the case of a motor vehicle collision, take photos of the other party’s car as well as your own);
- Record via photographs or notes how the incident occurred (e.g. slip fall on uneven pavement); and
- Identify and obtain contact information of any witnesses to the incident – this is crucial, as witnesses can be lost forever if not identified at the scene.
As a Lawyer representing injured people, I have found that taking these easy steps can be the difference between having a long drawn out fight about legal liability and moving to a meaningful discussion about compensation reasonably quickly.
Need a Personal Injury Lawyer? Contact us and receive a FREE no obligation consultation.
What is the auto accident lawsuit time limitation in Ottawa?
I was injured in a car accident which was not my fault more than 3 years ago. I have just learned that as a result of my injuries I will need surgery and may never be able to work again. Before learning this from my doctor I had believed my injuries were not that serious and I would fully recover. Can I sue the driver that hit me?
Limitations and their exceptions
That is a complicated question. Generally speaking, although there are exceptions, you may commence an action for damages in Ontario anytime up to 2 years after an event, or after you reasonably learned of the consequences of an event. If you know of the consequences of an event where you suffered injuries or losses, you generally lose your right to sue as of the second anniversary of the loss.
There are various exceptions to this rule. Recently, the Ontario Government has abolished limitation periods for victims of sexual assault.
Furthermore, limitations generally don’t apply to people under a legal disability, and that includes minors (people under the age of 18).There is also a legal doctrine of discoverability. Discoverability provides that a limitation period does not begin to run against a person until that person knew or ought to have known of a loss, and in some cases the extent or seriousness of a loss can be an issue.
What should you do?
The first thing you should do is get legal advice from a Lawyer as soon as you become aware that something has happened. There are other shorter limitation periods including notice periods which can be just a few days, arising in some circumstances. A Lawyer can give you advice and help you pursue your rights as appropriate.
Secondly, even if you think too much time has gone by, you should consult with a Lawyer. If circumstances provide an exception to the usual limitation periods, a Lawyer will be able to advise you of this fact and advocate on your behalf.
All cases are specific to their facts and the above information should not be relied upon to determine rights in particular circumstances. Lawyers often provide no obligation free and confidential consultations to prospective clients. So it is a good idea to seek out legal advice from a Lawyer if you have any doubt or questions about your rights.
