Ottawa Bicycle Claims

Ottawa bicycle accident lawyer Brenda Hollingsworth provides important legal information after an accident involving a cyclist.

Cycling Deaths Lead to Calls for Increased Ottawa Bicycle Infrastructure

Two Ottawa cycling deaths this summer, combined with multiple Ottawa cycling injuries and countless close calls have left Ottawa bicycle enthusiasts spinning. If we accept that we are in a climate crisis (and how can we not?), surely we must do everything in our power as a City to promote and protect citizens who travel without fossil fuels. In a city as geographically large as Ottawa, cycling is one of the few no-emission options.

Some Improvements in Local Roads

The City of Ottawa has taken a number of strong steps to make cycling safer. The “complete streets” on Churchill Avenue and Main Street are good starts. However, aren’t they kind of complete streets to nowhere? More needs to be done so that cyclists can travel around the city safely on a consistent and integrated system of bikeways.

Consequences of Cycling Accidents

As personal injury lawyers, we see the aftermath of cycling collisions with motor vehicles on a daily basis. In fact, the firm’s first ever personal injury case was a dooring case. The three most common bicycle- motor vehicle collisions we see are:

* Dooring –> when a bike is struck by a door opened from a park car. This can happen on the driver or passenger side. Backseat passengers are also potential culprits.
* Right Hooks –> when a bike is going straight through an intersections and a right-turning vehicle t-bones them.
* Sideswipes –> when a vehicle passes the cyclist too closely on the right, striking the cyclist or running them off the road or both.

Cycling collisions can result in life threatening injuries and death. Cycling accidents can also cause fractures, chronic pain, concussion, road rash and lacerations. Many of our clients who are injured as cyclists suffer a loss of income and require health care services that are not covered by OHIP, such a physiotherapy.

How Auger Hollingsworth Can Help

At Auger Hollingsworth, we help injured cyclists by helping you access accident benefits and by pursuing compensation from the vehicle that struck you, typically by negotiating a settlement with their insurance company.

If you would like to speak to a personal injury lawyer about an injury you suffered as a cyclist, contact us by calling 613-233-4529.

Cyclist, Two Teen Drivers Injured at Orchardview and Innes in Accident

The Ottawa Sun is reporting that three teens were injured at the intersection of Orchardview and Innes Roads in Ottawa’s east end on Monday, October 14, 2013.

The motor vehicle accident involved two cars, each driven by a 17 year old woman, and a 17 year old cyclist.

All three individuals involved were reporting injuries.

Steps to Take after a Bicycle – Car Accident

  1. Get appropriate medical care as soon as possible and follow up with your physician as required.  Initial medical care should be provided by a doctor.
  2. Notify your car insurance company, even if you were on your bicycle.  Let them know you were hurt and require an Application for Accident Benefits (OCF-1).  These benefits are available to you even if you caused the accident.
  3. Contact a personal injury lawyer for a free, no obligation consultation.

The Ottawa personal injury lawyers at Auger Hollingsworth Professional Corporation would be very happy to answer your initial questions after your accident.  For more information or to schedule a meeting with one of our lawyers call 613 233-4529.

Bank Street Cyclist dies in Ottawa Accident with Cement Truck

July 30, 2013-  A tragic accident on Bank Street near Billings Bridge in Ottawa has resulted in the death of a 56 year old woman whose name has not been released. 

Although the details of the accident are still emerging, it appears that the truck made a right hand turn while travelling south on Bank Street while the cyclist was traveling south through the intersection.  This is a common scenario for both bicycle and pedestrian accidents.

Is there a claim after a fatal truck – bicycle Ottawa accident?

 

After an Ottawa accident resulting in a fatality, the police typically perform a very detailed investigation to determine what happened.  Often the family of the deceased or injured person will also consult a forensic engineer to gather their own information about how such a accident occurred.  A personal injury lawyer can assist a grieving family in retaining and directing the engineer regarding what facts should be gathered for a future claim. 

Similarly, a family considering a claim may wish to engage an investigator to gather witness statements.  Once the facts of the accident are clear, a personal injury lawyer can advise the family whether there is a claim for damages for the loss of their loved one.  In many instances where the claim involves a cyclist or a pedestrian, the motor vehicle driver will be held responsible for the accident.  This is because the Highway Traffic Act shifts the onus of proof onto a motorist to disprove negligence. 

If you or a loved one has been involved in a motor vehicle – bicycle accident, you should contact a personal injury lawyer for your free no obligation consultation.  Call the  Ottawa personal injury lawyers at Auger Hollingsworth for more information or to schedule a free consultation at 613 -233-4529.

 

 

 

 

 

 

 

 

 

Fatal Ontario motor vehicle – cyclist accident near Nipigon.

July 23, 2013 – A fatal Ontario motor vehicle – cyclist accident near Nipigon, Ontario has claimed the lives of a cycling couple from North Glengarry Township.

The two cyclists were avid riders.  Starting in Vancouver, they were cycling across Canada with 23 other riders. On July 23rd the pair was hit by a pickup truck driven by a 60-year-old man from Austin, Texas.

According to news reports, the daughter of the two victims said she spoke to them the night before. They were worried about the upcoming stretch of road due to hills, curves, and overall terrain conditions.  When news of the accident reached home, the daughter thought the accident might have been caused by terrain issues. The pickup driver might not have seeing the couple until it was too late. There could have been a hill or sharp curve in the road that blocked his vision. However, when looking at the stretch of Ontario  Highway where the accident took place, it is completely straight.

After a fatal Ontario motor vehicle – cyclist accident, what rights do you, the family, have in seeking compensation?

As the family member of a victim who was killed in a motor vehicle – cyclist accident you can often claim death benefits under SABS. SABS are the statutory accident benefits claims that everyone is entitled to under their own insurance. The death benefits provide compensation to both spouses and dependants while helping cover death and funeral costs.

Family members may also have a claim (lawsuit) against the at fault driver. However, there are time limitations to file your claim. All time limitations are different, depending on your specific case and situation.  To find out the limitation period for your case, your best option is to call us at 613-860-4529 and set up a free consultation. The personal injury lawyers at our office deal with many cycling accidents and fatal accidents.

 

As a cyclist, how am I compensated for my bicycle loss in a motor vehicle-cyclist accident?

As a cycling and fitness enthusiast I know all too well how much a well-maintained bike can cost annually, especially if it is used as a main mode of transportation.

A  common question is, “ In the event of a motor vehicle – cyclist accident can I claim the expense of my bike if it a complete write off?”

This was a topic question I was asked on CTV’s Ask The Expert. When it comes to bicycle claims it is a tricky area and your best bet is to contact an Ottawa Personal Injury Lawyer. There are a lot of small details and fine print that a lawyer can sort through the average person does not have time for.

A good resource to start with is our Compensation After An Ottawa Bike Accident article. You can also read our article 5 Factors That Affect The Value Of Your Ontario Accident Case and our book Spinning Out Of Control.

If you are a cyclist and have been in an accident involving a motor vehicle you can contact Brenda Hollingsworth to have her help explain your rights and tell you if you have a claim.  Not only can you get advice on the status of your bike that has been damaged, you can receive advice on personal injuries you may have obtained and the steps to take to ensure those are correctly handled.

You can contact Brenda at her office number 613-860-4529.

Serious Ottawa Car Accident After Winter Storm

A tragic fatal car accident on the 401 near Prescott killed a 57 year old man this week, according to the Ottawa Citizen.   Early reports indicate that the severe winter weather is to blame for the motor vehicle accident which also injured other people.

 What Happens when Weather Causes an Accident?

The truth is that weather itself is rarely considered the official cause of a collision, although it is frequently cited as a factor in an Ottawa car accident.  Driver error in light of the weather, improperly cleared roads and / or mechanical malfunction are far more likely to be the true causes  of serious winter Ottawa car accidents.

What If I am injured in an Ottawa car accident in a snow storm?

Regardless of who or what caused the Ottawa car accident, you will be able to access the statutory accident benefits.  These are the no fault benefits that are available to virtually everyone after an accident, including drivers, passengers, pedestrians and even those rugged winter cyclists if they have an accident involving a motor vehicle.  The statutory accident benefits also include certain death benefits in the unfortunate situation where the accident is fatal.

If you are not at fault in the accident, you may also have a claim against the driver who was at fault.  In certain winter situations, there can also be a claim against the government responsible for clearing the roads if road conditions played a part in the accident and if the roads were not cleared to the appropriate standard.

Speak to an Ottawa personal injury lawyer as soon as possible after a winter storm accident to get the information you need to determine if you have a claim for damages (compensation).  Our Ottawa personal injury lawyers are available at 613 860-4529.  We offer free no-obligation consultations in our convenient barrier-free Ottawa office.  If you prefer to meet by telephone, we offer that option as well.

 

 

 

Ottawa Police Pilot Electronic Car Accident Report Forms

According to this article,  some Ottawa police vehicles are now equipped to process motor vehicle accident report forms electronically.  Introduced as a cost saving measure, this initiative is intended to reduce the time police officers spend at the scene of Ottawa motor vehicle accidents.

Currently, the motor vehicle accident reports are prepared by hand.  The officer collects all parties’ information, including insurance information, prepares a sketch and notes what charges, if any, are laid.  Witness names and contact details are also often included on the form.   Drivers of all vehicles involved in the Ottawa accident are supposed to receive a carbon copy of the portion of the form with the insurance details.  The balance of the report can be purchased from the police station for approximately $50.

Why is a Motor Vehicle Accident Report Important after an Ottawa Accident?

If you are injured, even slightly, we recommend calling the police to the accident scene.  Remember, what feels like a twinge or minor ache moments after the accident, can develop into a serious injury over the next 48 hours.   The motor vehicle accident report form prepared by the police is often very useful at documenting the location of the vehicles and other information that is important for determining who caused the accident.

There is also a perception held by insurance companies that if you do not call the police, the motor vehicle accident was not serious.  They will wonder how you could be seriously injured when you did not even call the police to the scene.

At the scene, in addition to the motor vehicle accident report form itself, the police officer attending will often interview or get statements from witnesses.  These statements are not included in the report itself, but can be obtained by requesting them through access to information processes.  When we are retained to help our clients following an accident, we typically request all of this information.

How do I obtain a motor vehicle accident report?

If you are handling your claim on your own, you will want to attend at the police station to request a copy of the report.  With a relatively short wait, and approximately $50, you can leave with the full report.

If you hire a motor vehicle accident lawyer to represent you in your accident claim, your lawyer will obtain the motor vehicle accident report, as well as the complete police file, for you.

For more information about hiring an Ottawa personal injury lawyer to represent you after a serious motor vehicle accident, contact us at 613 860-4529.  We are happy to speak to you about your rights and entitlements without any obligation.

 

How to Prepare for a Defence Medical Assessment or an Insurer’s Exam

Here are four easy steps to help you get a fair medical assessment by doctors hired by an insurance company in your Ottawa accident case.

 

  • Be very clear during the medical assessment about what your pain is in terms of how you describe it to the medical assessor. Use words like sharp, throbbing, dull, aching, constant, intermittent etc.  Think about how you are going to explain what aggravates your pain and what soothes it.  Organizing your thoughts and how you will express yourself before the examination is important.
  • Relatedly, if you are used to being asked to rate your pain on the pain scale (i.e. out of 10), try to be consistent from assessment to assessment.

 

  • Respond truthfully to all questions.  Do not deny prior injuries, prior accidents or past psychological treatment.  If you were having stress at work before the accident, it is likely documented somewhere.  Concealing it if asked will only look like you are being untruthful.

 

  • Email your Ottawa accident lawyer immediately after the assessment to describe the  actual physical examination, including how long it took.  If there are any questions that strike you as odd, mention that to your lawyer as well.

 

  • Keep in mind that the medical assessor or his / her staff will watch you  out the window before the appointment.  They will watch you in the waiting room.  They will compare how you are in the parking lot and waiting room to how you are during the examination to try to detect symptom magnification.  A classic sentence in a medical assessment report describes how the plaintiff’s movements were “guarded” in the assessment room, but that the plaintiff moved freely in the waiting room. That is insurance company “code” for: this plaintiff is exagerating.

 

Apart from these pointers, every assessment is different so it is hard to predict how it will unfold.  Being truthful but not minimizing for symptoms are the key to success.

If you have a serious motor vehicle accident case and would like to discuss your case with a lawyer, call the personal injury lawyers at Auger Hollingsworth.  613 860-4529.  We will visit you at home or in the hospital.  We offer phone consultations as well.

 

Fatal Accident Near Carlsbad Springs

Carlsbad Springs–  Sadly, a 78-year old woman died in a serious motor vehicle accident near Carlsbad Springs on Sunday, November 25, 2012.  The fatal car accident involved two cars at the intersection of Devine and Frontier Roads.

The accident happened around 5 p.m.  Read more about the motor vehicle accident in this CBC article: http://www.cbc.ca/news/canada/ottawa/story/2012/11/26/ottawa-fatal-crash-carlsbad-springs.html

Steps to Take After a Fatal Accident

After a fatal motor vehicle accident, a family member should apply for no fault benefits (statutory accident benefits), usually through the accident victim’s own car insurance.  There is a death benefit that will be paid to dependants, regardless of who was at fault for the accident.

There is also insurance coverage to help pay for funeral costs up to a set amount.  An Ottawa personal injury lawyer can help you access these benefits and make sure your family receives all the benefits.

If the person who died in the accident was not at fault for the motor vehicle accident, family members may also have personal injury claims.  Compensation is available for loss of care, guidance and companionship and also for the deceased person’s loss of income and loss of household services.  An experienced personal injury lawyer can help you bring a fatal accident claim.

At Auger Hollingsworth Professional Corporation, we regularly represent family members who have lost loved ones in tragic car accidents.  Our initial consultation is always free.  If you are looking for information after a fatal motor vehicle accident, call Auger Hollingsworth at 613 233-4529.  We will help you through this difficult time.

Go to the Doctor after an Ottawa Motor Vehicle Accident!

Nobody likes going to the doctor; with long waiting room times, the poking and prodding, and all the questions and tests, it can sometimes seem like more trouble than it’s worth. This is especially true when you’re dealing with an ongoing medical issue that doesn’t appear to be changing. When that injury is the result of your Ottawa motor vehicle accident though, a return trip to the doctor is imperative. Whether or not your condition has changed, regular follow-up visits to your family doctor are essential to both your physical well being as well as the potential outcome of your injury case.

Even though your doctor is a medical expert, you have your own expertise to offer; you know your body better than anyone else in the world, medical degree or not. Only you can say if you are feeling better or worse, if the medicine you are taking is causing side effects, or if new symptoms are arising that need to be addressed. If you don’t return to your doctor, he or she will assume the treatment and/or medicines they prescribed at your last visit are having the desired effect and that you’re getting better. A complete recovery is dependent on the patient being proactive about their own health. Keep track of your progress, and until you’re completely better, schedule a follow-up visit with your family doctor every 8 weeks to discuss your condition and any changes to the treatment plan that may be necessary.

In addition to health concerns, regular visits with your doctor will help create a paper trail that may be essential to a positive outcome when your accident lawyer seeks a settlement for your case. There is no substitute for consistent and professional documentation detailing your injuries and progress. No documentation can be detrimental; after all, if you can’t prove it, chances are the court (and the opposition) will assume it didn’t even happen. If you choose not to follow up with your doctor, the assumption is that it is because you have recovered, and no longer needed medical care.

If you need assistance after your Ontariocar accident, reach out to the experienced Ottawapersonal injury lawyers at Auger Hollingsworth.  We will provide you with the information you need to make the right decisions about compensation in your case.  Call our law firm today 613 233-4529.

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