Back to School Safety Tips for Motorists

 A lot of our clients are victims of motor vehicle accidents.  At this time of year when the children are going back to school vehicle and pedestrian traffic on our roads increases substantially.  Here are some helpful tips and friendly reminders for motorists at this busy time of year.

• Drivers should be aware of increased pedestrian and bicycle traffic during the school season
• Watch for school zone signage and reduce speed.  Drive cautiously in school zones; be ready to stop at any moment. 
• Keep a safe distance from school buses and be prepared for frequent stops
• Remember that if a school bus flashes its red lights, traffic in both directions must stop at least 20 metres from the bus. Travel may not resume until the school bus resumes motion and/or the lights have stopped flashing.
• The Province of Ontario recently increased fines and demerit points for drivers who violate laws relating to school buses, as outlined in the Highway Traffic Act
• As of October 26, 2009, Ontario's new distracted driving law will has made it illegal for motorists to use hand-held wireless communication devices or any hand-held electronic entertainment devices while driving.  This includes hand-held cell phones, texting and e-mailing.  Hands-free devices are still permitted. 

Unfortunately accidents do happen.  If you find yourself in this situation here are the 

Top 10 Things to Do if Involved in an Motor Vehicle Accident:

By James Page B.A., (Hons.), LL.B.

1. Call 911!! If you are injured and require immediate medical attention call 911 or ask someone to call for you.
2. Take information. If you can, find the names, addresses, telephone numbers, insurers and policy numbers of the owners of the other vehicles involved. If the owner and driver of a vehicle are different, obtain the driver's information as well. This will be useful if you do not obtain an MVA report.
3. Take pictures! If you have a camera, take pictures of the damage to all vehicles involved. Take photos at right angles to the damaged areas.
4. Obtain MVA report. If police are at the scene, ask for a copy of the motor vehicle accident report. It will contain important information, including the names, addresses, insurers, policy numbers, etc., of the owners and drivers of the other vehicles involved. If the police are not at the scene, attend the nearest police station and report the accident at the Collision Centre.
5. Report to your auto insurer. Report the accident to your automobile insurer. Whether it is your fault or not, if you are injured, you may be entitled to compensation for one or more of the following: medical rehabilitation, lost income, job retraining, lost educational expenses, maintaining your home, caring for dependants and repairing or replacing your vehicle and other damaged personal property.
6. Report to other auto insurers. If you are not insured, report the accident to the insurer for the vehicle in which you were a passenger. If that vehicle is not insured, report the accident to the insurer for any other vehicle involved. You may be eligible for benefits from those insurers.
7. Report to other insurers. Report the accident to your other insurance companies that may compensate you for medical rehabilitation, lost income, maintaining your home, etc.
8. See a doctor. If you are injured but not taken to the hospital, visit your family doctor or a walk-in clinic at the first on-set of any soreness or pain.
9. Contact school or employer. Notify the school you attend or your employer (or both) that you have been involved in an accident.
10. Contact a lawyer: Generally you only have 2 years to sue since the date of the accident. Contact a lawyer to be advised of your rights. This must be done well in advance of the two year limitation period.

MARTIN & HILLYER has been assisting people involved in motor vehicle accidents for over 35 years. To find out how we can make a difference call us at 905-637-5641.

Martin & Hillyer wishes to welcome James Page to our practice and congratulates him on his call to the bar.

James Page B.A., (Hons.), LL.B.

Criminal Defence & Personal Injury Law

On Monday June 21st, the Ontario Trial Lawyers Association (OTLA) in conjunction with the Brain Injury Association of Peel and Halton (BIAPH) held a Helmets for Kids Campaign at the Halton Children's Safety Village to bring helmets to kids in need. Local Halton personal injury lawyers donated funds to purchase 170 helmets for kids who otherwise would not have one.

Thank you to our donors:

Martin & Hillyer                  MacDonald & Swan

Haber & Associates          Brechin & Huffman Lawyers

Kathy Chittley-Young       Will Barristers

Munn Law Firm

Laura Hillyer, Martin & Hillyer, coordinated the event, the first of it's kind in the Halton Region.  Children from McKenzie Smith Bennett School in Acton were taken on a trip to the Halton Children's Safety Village in Oakville, where they received bike safety instruction from Cindy Lawrence of the Safety Village.  All the children were then individually fitted for a brand new bike helmet.

Thanks to the volunteers from Martin & Hillyer, OTLA and the Halton Police co-op student program.

Below is a photo with a student from MSB along with (from left to right):  Mr. Baker (Grade 3 teacher), Officer Barnett (Halton Police), and Laura Hillyer (Martin & Hillyer).

Important tips for a proper bike helmet fit:

• the helmet should cover the top of the forehead and should rest about 2 fingers' width above the eyebrows.
• the side straps should fit snugly around the child's ears in a "V" shape
• buckles on the side strap should fit right under the ear
• buckle the chin strap so that only 2 of the child's fingers can fit between the strap and the chin
• the helmet should fit snug on the child's head and not move when the child shakes their head

For more information on bike safety please visit the following websites:

www.safekidscanada.com

www.halton.ca

Article regarding this event posted on Inside Halton.com, click here

Martin & Hillyer's 17th Annual Charity Bowlathon which took place on May 13th, 2010, raised over $15,000 for the Halton Chapter of Autism Ontario.  The official cheque presentation took place on June 8th, 2010.

In the photo below, from left to right: from Martin & Hillyer; James Page, Laura Hillyer & Stephen Abraham. From Autism Ontario; Ruth Stockdale & Robert Plaschka

"Recent changes to the Rules of Civil Procedure have dramatically changed the steps lawyers have to take to have expert witnesses testify at trial.  The first application of the new rules was recently released in a case called Beasley v. Barrand and it severely restricts the admission expert witness evidence."

For more information on this case, click on the title above.

Stephen was retained by D.M and P.M. to represent them in this FSCO arbitration.  He acted as lead counsel in this case where the insurer had denied that D.M. had been involved in an "accident" in accordance with the definition sections of the Statutory Accident Benefits Schedule.  Stephen and Co-counsel David Hayward were able to convince both the Arbitrator and the Directors Delegate that D.M.'s devastating injuries did arise from an accident thus entitling him to coverage.  The case was settled for a significant sum shortly after the appeal was successfully argued.

For more information on this case, click on the title above.

TOP 10 ACCIDENT BENEFITS CASES 

        Prepared by:   David Hayward & James Page

For the full document please click below

We recieved two letters from a satisfied client at the end of their legal proceedings.  Please take a look at the letters by clicking on the link below.

Accident Benefits - Background

No-fault benefits have been a compulsory part of the Ontario automobile insurance package since 1972.  The value of these benefits increased substantially in 1978, 1990, and 1994.  In November of 1996 the benefits were decreased as part of the Bill 59 insurance scheme enacted by the former Progressive Conservative government.  Further restrictions were put in place in October of 2003, and yet further restrictions took effect in April 2004, and March 2006.  In spite of these changes (reductions) the resolution of accident benefits claims can still demand a substantial time of a lawyer's practice.

The purpose of this article is to:

1. Discuss the pros and cons of the litigation process at the Financial Services Commission of Ontario;
2. Review the accident benefits settlement process; and,
3. Hopefully, to alert lawyers about potential pitfalls in this process.

Financial Services Commission of Ontario (FSCO)

The Financial Services Commission of Ontario (FSCO) was created on July 1, 1998, as an arm's-length agency of the Ministry of Finance. FSCO integrated the operations of the former Ontario Insurance Commission (which was created in May of 1990) Pension Commission of Ontario, and Deposit Institutions Division of the Ministry of Finance.

The Financial Services Commission of Ontario (FSCO) is responsible for overseeing and resolving disputes between motorists and their insurers.

On January 1, 2010, the government will introduce two new Regulations which will radically alter the Civil Litigation landscape in the Province of Ontario.   Regulation 438/08 provides for the most extensive amendments to the Rules of Civil Procedure since the current Rules were introduced in 1985.    Also, Regulation 439/08 will raise the jurisdiction of Small Claims Court to $25,000.00 effective January 1, 2010.

Amendment Highlights

When I first agreed to present this paper, it was my expectation that I would be able to outline and discuss each and every amendment to the Rules.   However, having now had an opportunity to review all the amendments, I realize that this is an impossible task in a twenty minute presentation.  My goal is to highlight the amendments that I believe will be most applicable to lawyers practicing in the Region of Halton.

I have not touched on the amendments to Mandatory Mediation or Civil Case Management which really relate to our Toronto brethren.  Also, the extensive amendments to the Summary Judgment Rule will be covered by Michael Emery later today.

Please download the following PDF for my full review.