Dr. Doug Gillham
You wouldn’t think the COVID-19 pandemic would have much of an impact on motor vehicle accidents given the stay-an-home measures being suggested across the province. However, the combination of warmer weather and loosening restrictions may have the opposite affect according to a motor vehicle accident personal injury lawyer.
“There are currently less people on the road,” suggests personal injury and disability lawyer Robert Deutschmann. “But as things open up, I think the general thought is that fewer people might want to take transit because of physical distancing. That might mean more people cycling or driving motor vehicles which means more traffic.”
Warm weather and a desire to isolate while on the road is also a catalyst for motorcycle riders to roll out their machines. Predictably, accidents involving motorcycles are already on the rise, with five motorcyclists killed in Ontario over the Victoria Day weekend. Surprisingly, the founder of Deutschmann Law says that motorcycle riders are not usually the ones to blame.
“People have the perception of motorcycle riders to be reckless, but most of them aren’t,” said Deutschmann, who’s firm has been providing personal injury law services in the area for over 25 years. “Most are middle age or upper age people who just want to enjoy the road. The problem is, much like bike riders, motorcycle riders or pedestrians, people driving cars are sometimes inattentive. Stats show almost two-thirds of accidents involving motorcycles are caused by drivers not seeing the motorcycle.”
Overall, there were more than 53,000 collisions on OPP-patrolled roads in Ontario in 2019, with Fridays remaining the deadliest day on Ontario roads as people rush home or to get away for the weekend. As a result, the number of injuries caused by motor vehicle accidents continue to climb annually, and that’s often a problem for victims who assume bringing a claim for injury is a simple process.
“Anytime you’ve been in an accident, the general advice is to call a personal injury lawyer to find out what the rules are with respect to bringing claims for any injury as a result,” suggests Deutschmann. “The truth is, however, that it’s difficult to bring a claim for injuries from a motor vehicle accident in Ontario.”
Deutschmann says Ontario law concerning accidents states a claim for pain and suffering and future care needs can only be made if a victim suffers “permanent and serious impairment of a physical or psychological nature.” However, that definition requires some explanation.
“The key is permanent and serious,” explains Deutschmann. “What does serious mean? Generally, serious means substantially affecting your ability to work or substantially affecting your activities of daily living. Then you can bring a claim for pain and suffering and future care needs.”
Bringing a claim for income loss is not subject to a threshold, but is still difficult. However, Deutschmann suggests that no matter how minor your accident-related injury may be, it’s important to seek some legal counsel.
“If you’ve been in an accident that’s not your fault and you’re having difficulties, maybe not able to work to the same level you could before, it’s a good idea to check with a personal injury lawyer just to review what your rights are with respect to that accident,” he said.
The personal injury lawyers at Deutschmann Law operate on a contingency fee basis, meaning there is no cost for a consultation or for legal services unless there is a settlement in your favour.
For more information, contact Deutschmann Law at 1-866-414-4874, serving Kitchener, Waterloo, Cambridge, Brantford, Elmira, Guelph, Woodstock and surrounding areas.
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