Bus Accidents

Need info About the Bus Accident? Watch us on CTVMorningLive

Ottawa personal injury lawyer Brenda Hollingsworth will be on CTV MorningLive on Thursday, October 3 at 7:25 am to provide important information about what to do if you were injured on the OCTranspo bus that was involved in the terrible VIA Rail train accident on September 18, 2013.

Find out:

  • How to get funding for physiotherapy, chiropractic therapy and other non-OHIP covered health care services after a bus accident;
  • How to get coverage for counseling you may need give the traumatic event you experienced during the bus accident;
  • What deadlines apply to this case and what you need to do to protect your rights.

Watch this episode of CTVMorning Live to get answers to your questions.  You may not need a lawyer to process your injury claim but you will need this important information.

Want to speak to an Ottawa personal injury lawyer today?  Call the personal injury lawyers at Auger Hollingsworth Professional Corporation today at 613 860-4529 today.

How to Get Accident Benefits after the Ottawa Bus – Train Accident

Callers have been asking how to obtain statutory accident benefits after the bus accident at Woodroffe and Fallowfield on September 18, 2013.

If you have your own car insurance, or live with a family member who has car insurance, call that insurance company to report the accident.  Request that the insurance company send you the Application Package for statutory accident benefits.  Even people with very minor injuries can apply for these benefits and they will not impact your insurance rates.

If you do not have access to car insurance through your own policy or a family member’s policy, the City of Ottawa’s insurance on its buses will provide you with accident benefits.   To obtain the Application Package from the City of Ottawa you can call 3-1-1.  You can also find the documents at this website.  Complete the OCF-1 and submit it to the Clerk of the City of Ottawa to initiate your claim.

If you need assistance with this process, please do not hesitate to contact us at 613 860-4529.  Our firm will provide guidance to bus accident victims with no obligation or cost.

 

 

OC Transpo Bus – Via Rail Train Accident

September 18, 2013-  Today’s fatal accident involving a double decker OC Transpo city bus and a Via Rail train has left Ottawa in shock.  At least 40 families are facing the grief and sorrow that accompanies a fatal motor vehicle accident or one involving serious personal injury.

If you were involved in today’s bus – train accident at Woodroffe and Fallowfield, here are 5 things you need to know right now:

1.  Apply for Accident Benefits

If you were a passenger on the bus and you have your own car insurance policy, or live with a family member who does,  you should notify your car insurer immediately.  This will be a surprise to most people,  but that is how Ontario’s no fault accident benefits work.  Your own car insurance will pay for any non-OHIP medical or rehabilitation expenses.  Your own car insurance will also pay you an income replacement benefit up to a specified maximum if you can’t work for more than 7 days after the accident.  Have questions about accident benefits after an accident involving an Ottawa bus and Via Rail?  Call us at 613 233-4529.

2. If You Don’t Have Accident Benefits, OC Transpo will Provide Them

If you do not have your own car insurance policy, the City of Ottawa will cover your accident benefits.  You do not have to sue the City of Ottawa or OC Transpo in order to access accident benefits.  Our law firm can help you contact the City to get the application forms.

3. Accident Benefits include funding for Psychological Counseling

Many people involved in a mass transit accident will need psychological assistance.  This is a very traumatic event.  The accident benefits available to bus passengers will provide funding for psychological treatment, even if you did not suffer a physical injury in the accident.

4. You Should Give Notice of a Potential Claim within 120 Days

If you are seriously injured, you may have a claim for damages (compensation).  You do not have to decide whether or not to sue right away.  However, there is a requirement to give notice of a potential claim to the city of Ottawa within 120 days.  If you hire a personal injury lawyer, the lawyer  can provide notice for you.  If you wish to give notice on your own, you can write to the Clerk of the City of Ottawa to alert the City of Ottawa to the potential claim.

5.  Don’t Wait to Seek Medical Attention After Today’s Bus-Train Accident

You should seek medical attention after the accident if you are injured.  Waiting to report your injuries for days, weeks or months is a serious impediment to getting proper compensation.  It may also slow your recovery.

Need more information or want to discuss your options after the OC Transpo Via Rail Accident, call our office at 613 233-4529 or call Brenda Hollingsworth directly at 613 851-4529.  We are here to support you.

 

Serious Car and OC Transpo accident in Nepean

The Ottawa Sun is reporting a very serious OC Transpo accident in the area of Meadowlands between Indian Road and  Viewmount in Nepean, Ontario. The accident was on Tuesday, January 22, 2013 around 11 pm.   Three occupants of a car that collided with an OC Transpo bus were injured, one critically.

The critically injured passenger was said to be unconscious at the scene of the OC Transpo accident.  The injuries were reported to include serious head injuries.  The extent of the other passenger’s injuries is not clear, although they may also be serious and include fractures and a possible spinal cord injury.  One of the passengers is said to have been partially ejected from the motor vehicle.

The Sun article was not clear about the cause of the OC Transpo accident.  However, the CBC quotes sources suggesting that distracted driving may have been an issue.

What happens in an OC Transpo Accident?

An OC Transpo accident involving an actual collision with another vehicle is treated the same as a regular car accident.  Anyone injured in the motor vehicle accident will be entitled to Statutory Accident Benefits (no fault benefits).  This will include funding for medical and rehabilitation expenses, as well as a small income replacement benefit (max. $400 per week).

For passengers of either the bus or the other vehicle(s) involved in the accident, there may also be a claim for pain and suffering and other compensation.  A driver of a motor vehicle who is not at fault in the accident may also have a claim.

The best course of action after a serious accident involving a collision between a bus and a car is to contact an Ottawa personal injury lawyer for a free consultation and explanation of your rights and the process.  The lawyers at Auger Hollingsworth at happy to help you.  Call us at 613 860-4529.  We will come to your home or hospital to answer your questions.

 

Ottawa Bus Crash Leads to Bylaw Charge

OTTAWA BUS ACCIDENT — Ottawa police have charged a OC Transpo bus driver after an accident that sent a pedestrian to hospital in April 2012.  The charge was: “failing to yield the right of way to a pedestrian using an authorized pedestrian crossover.”

A 32 year old man was hit by the bus on April 4 near the Baseline and Woodroffe transit stations.  His serious injuries were life threatening.

Did you know that it is very difficult to settle a case against the City of Ottawa without starting a law suit?  Unlike traditional motor vehicle accidents where you may be able to settle directly with an adjuster, OC Transpo cases usually requires an experienced personal injury lawyer to get the case done.

If you need help with your bus accident case, let us know:  [email protected] or call 613 233-4529.

 

 

Injured on public transit? After changes to Insurance Act, you are not eligible for accident benefits unless the accident involved a collision

The Ontario Insurance Act has recently been amended to deny those injured on public transit from claiming accident benefits if the vehicle they were on when they sustained injury was not involved in an actual collision with another vehicle or object.

These changes mean that those who suffer injuries on public transit due to unexpected braking, wild turns, or any other incident that doesn’t involve an actual collision, cannot submit an accident benefits claim. This affects a great deal of people who suffer injuries after being thrown about while riding in busses, trains, streetcars or subway cars. We have had clients who have suffered serious injuries such as knee replacement surgery after a fall on the bus. Now, they will have no funding for physiotherapy or prescriptions resulting from the fall.

In addition to this amendment to the Insurance Act, there were changes made that allow for the driver or owner of the public transit vehicle to be sued more easily. In the past, these parties were deemed “protected defendants”, and it was difficult to file a lawsuit against them because of the various barriers that existed in the Insurance Act. Those barriers have now been removed.

These amendments to the Ontario Insurance Act were made on May 12, 2011 and are outlined the Better Tomorrow for Ontario Act (Budget Measures), 2011. Auger Hollingsworth is disappointed these changes were made. They will hurt accident victims.

If I was a passenger in a vehicle in an accident with a family member can I sue?

Ontario Lawyer — If you were seriously injured as a passenger in a car accident in Ottawa, you should consult a personal injury lawyer.  Even if the driver of the vehicle was responsible for the accident, you could still have a legitimate claim.  Also, if the personal driving was related to you, you could still be entitled to financial compensation for your injuries.  Don’t automatically assume that because you were a) a passenger, b) in the vehicle responsible for the accident, and c) related to the driver who caused the accident, that you do not have a legitimate legal claim.  By seeking legal advice from a personal injury lawyer, you will be able to determine if you have a case.

People can be easily confused about who can receive compensation in situations such as this.  Not all, in fact not many, circumstances of personal injury are clear and straightforward.  If you are not sure if you may be entitled to compensation for your injuries, it is best to consult a personal injury lawyer and discuss your situation with them.  If you were in a passenger in a car accident and suffered serious injury, it is important that you remember that you may have a legal case.  Too often people become injured in a car accident and assume that they need to deal with the situation on their own.  Don’t forget that personal injury lawyers are here to help people like you receive a fair settlement for the injuries you incurred.

The relationship between yourself and the driver responsible for the accident, even if they were your parent, husband or wife, does not automatically exclude you from receiving compensation.  A personal injury lawyer can go through the specifics of your case with you and can provide you with appropriate legal advice.  Remember that if the circumstances of your injury cause you to be unsure about whether or not you have a legitimate claim seek the help of an experienced Ottawa personal injury lawyer.

Ottawa Injury Lawyer: Had an Ottawa Accident involving a Bus?

Ottawa Injury Lawyer — Have you sustained physical injury as a result of an accident involving an OC Transpo bus? If the bus driver, OC Transpo, or your insurance company refuses to compensate you for these damages, you will need to hire a specialized legal representative.  Brenda Hollingsworth is an Ottawa-based personal injury lawyer who regularly handles  cases like yours, and gets you the compensation you deserve.

How can a personal injury lawyer help you?

After a bus accident there are many advantages to acquiring the help of a personal injury lawyer. Firstly, we will help you gather relevant evidence. Depending on the specifics of your case, these could include medical documents, physical evidence from the accident, or even interviews with witnesses and others connected to your case. Our knowledge and experience will help you have the best evidence in hand to strengthen your claim for compensation.

Pursuing compensation after a painful or costly accident can be time consuming and going about your case alone can only add to your stress, especially when the claim involves the City and OC Transpo. A personal injury lawyer can analyze your unique case from a legal perspective, and organize the array of documents needed to take a bus accident compensation case to court if required. It can be hard to manage such a claim on your own, and learning the details of the process can be difficult. Hiring a lawyer ensures that your case is settled in the most effective and efficient way possible.

Lastly, as personal injury lawyers, we know the ins and outs of the law and the best way to succeed in making a claim. After all, we make our living by providing you with the specialized legal knowledge you need to be well informed about every aspect of your case.