What to Do After a Pedestrian Accident Due To Jaywalking?

Injury Lawyer

The truth is that pedestrian accidents are particularly dangerous and potentially devastating. This is why you need to make sure that you are incredibly careful when you go ahead and cross the street and make sure that you are always on the zebra crossing. However, it’s not uncommon for pedestrians to fail in accounting for this requirement.

Highway Traffic Act

Jaywalking is a term which describes the instance in which a pedestrian is going to cross a street at a place which hasn’t been marked by a crosswalk. He can also be crossing against a signal at a particular intersection and that’s when terrible things to happen. So, a question is brought to light which is particularly important – what’s going to happen if certain pedestrian is involved in an accident while jaywalking. There are quite a few different sections in the Highway Traffic Act which define the right of pedestrians to enter a crosswalk or to cross certain streets between different intersections. So, with this in mind, it is possible for the pedestrian to be crossing illegally.

However, there are quite a few different things that have to be taken into consideration if an accident takes place and a jaywalking pedestrian has been hit and damaged. The first thing that you need to know is the law usually dictates that if you are crossing a street outside of a crosswalk or intersection, you need to yield the right of passage to the driver. However, it also says that the driver needs to exercise necessary oversight and vigilance in order to prevent pedestrian accidents. So, basically, it seems like both of the involved parties are responsible. That’s not necessarily true, even though in certain situation it is the common practice.

You need to make sure that the driver hasn’t followed his end of the bargain in order to indulge the institute of contributory negligence. The more inconsiderate the behavior of the drive – the more money you can get out of the compensation offer. However, if the driver of the car that was involved in the accident was doing everything by the book, you can only engage the responsibility of your insurance provider to offer you the necessary compensation.

Pedestrian accidents are devastating and tremendously challenging. However, the truth is that it’s not always the driver’s fault and that needs to be taken into account. The pedestrians also bear a lot of responsibility to be considerate and responsible in their attempts to cross the street in order to prevent collisions and devastating consequences. In any case, in the majority of the situations the driver is likely to be faulty because of failing to abide by the speeding limit.

It is important that you discuss your eligibility and the amount of compensation that you can get with the personal injury lawyer. They will be able to judge the merits of the case and help you with the compensation.

How to Proceed After a Slip & Fall Accident

Injury Lawyer

Now that winter is upon us, pathways are going to get frozen and this leaves the door open for certain slipping accidents. Even though you might consider them harmless, the truth is that they can cause some tremendously dramatic damage. Spinal cord injuries and traumatic brain injuries do not begin to describe the harm that can be caused out of a slip and fall accident and while they are rather rare, they are a possibility. So, it’s incredibly important to be able to know how to properly react in situations of the kind so that there are no further complications and that the damages are mitigated or at least reduced to the minimum. Without any further ado, let’s take a quick look.

Remain calm and don’t panic

It’s obvious that there aren’t going to be any issues of you aren’t harmed. However, if you feel like you’ve been injured seriously, you need to remain calm. If you feel that certain parts of your bodies can’t move, don’t try and rush them to. Instead, calmly seek help and remain in the same position.

Calling for medical help

If the incident has left you with serious injuries, you need to make sure that you get medical attention as soon as you can. This is going to ensure that you get the necessary attention on time and that the potential medical complications are mitigated or at least severely reduced.

Take photos as evidence

Of course, that’s only possible if you are actually capable of doing so. In any case, if the incident hasn’t been as serious and you are capable of standing up and taking photos, you should do so. This is going to be helpful later on when you seek compensation for your injuries. Keep in mind that this is particularly important and it’s going to ensure that everything is handled perfectly and without any additional complications. Failing to document the place of the incident is going to make it harder for you to get the necessary insurance compensation.

Keep detailed medical records

From the moment of the admission to the moment you are released, you need to make sure that you have all the medical bills, including the ones that you spent on drugs and medication. All of these damages are only recoverable if you manage to prove you actually incurred them. And, in order to do so, you will have to have the documents which attest to the fact that you’ve done them. This is happening through receipts, medical contracts and whatnot. Make sure that you keep those well organized in order to make it easier at the end of the day to get them back.

Additionally, there are plenty of injury lawyers that specialized in handling slip and fall cases and it would help you to consult with them. Not only will they be able to help you with the drafting of the case but filing for compensation will be a breeze.

More About Contributory Negligence in Dog Bite Cases

Injury Lawyer

Dog bite cases are particularly interesting, especially if they are held in the state of Ontario. The main reason for this is that there is a clear determination of the obligation, liability as well as the differentiation of damages associated with dog bites set forth in the separate and unique Dog Owner’s Liability Act. This piece of legislation was enacted back in 1990 on the 31st of December. It hasn’t been amended or replaced ever since. This is a clear sign for only one thing – it works. The legislative authorities have managed to successfully asses the social demands of regulations and have put all the necessary texts in one concise piece of legislation.

Now, this particular act governs quite a few things. It sets forth provision which shed a lot of light on matter such as:

·         Dog Owner’s Liability

·         Conditions under which liability can be sought after

·         Events which can trigger a potential case

·         Pitbull bans

·         Contributory Negligence

There are also some general articles in the Act which give concise explanation of certain terminology which are mandatory for all parties involved in a process of this kind. However, the most interesting thing associated with the act that also deserves tons of attention is the institute of contributory negligence.

Right off the bat, it’s important to point out that the Dog Owner’s Liability Act sets forth an incredibly wide spectrum of responsibility on behalf of the dog owner. He doesn’t have to be present at the time of the accident nor does he have to be aware of it. He is going to be held accountable either way. There are no exceptions to this rule, but one that is termed as contributory negligence. As the name suggests, this is an event where the victim of the attack is also liable because he has contributed in some way.

Interestingly enough, this is the only thing that may limit the responsibility of the owner. If a person, who’s been attacked and injured by a dog, has in some way irritated the dog and thus caused the attack, his compensation is going to be reduced accordingly. However, contributory negligence also suggests that if the victim has failed to take action in regard with the treatment of his injuries under premises which he’s responsible for, the dog owner can’t be held responsible for them. Any complication which can be pinned on the failure to take action on behalf of the victim won’t affect the accountability and liability of the dog owner, whose dog or any other pet animal caused the initial injury. The solution is fair because the alternative is a state of endless liability which can’t be tolerated by the law or by the social demand for regulation.

However, if you have been mauled or bitten by dog(s), it is imperative to seek legal recourse for the emotional trauma and the physical pain that you have endured.

What Are The Grounds For The Claims In Product Liability Cases?

Injury Lawyer

Have you just bought your new car for which you’ve spent thousands of dollars on? It’s a brand new model, straight from the dealership. However, you take it out for a spin and your break malfunctions leading to a terrible accident. It’s clearly the manufacturer’s fault but what can you do in this case? Luckily for you, this is the perfect representation of a product liability case, which is one of the most lucrative fields of expertise in the entire law. However, filing a claim of the kind requires thorough knowledge of different laws as well as a lot of experience on handling the case itself because it would commonly include a jury which you’d have to convince.

It’s worth noting that as per the current legislation on the territory of the province of Ontario, you can file product liability claims under two separate premises – Contractual and Common law.

Filing a claim under the grounds provided to you by the Contractual law could be incredibly beneficial. The main reason for which is that you are essentially implying a breach of contract which could lead to some serious compensations. Apart from all of the injuries, you’d also be capable of getting thoroughly compensated for the vehicle itself. This is due to the fact that aside from the regular duty required by the common law, there is also an additional duty of care implied by the sales-purchase contract.

This means that the seller is legally obligated to disclose all sorts of information regarding particular defects in the object of the sale. Hidden defects, as in this case, are also grounds for compensatory claims, regardless of whether the seller knew about them or no. In the first case, the claim is going to be dully civil while in the second, depending on the particular situation it could even get to criminal prosecution. However, the case in point which is subjected to personal injury law is a part of the civil law and there aren’t going to be any criminal charges. This is due to the fact that product liability cases seek monetary compensation and not to legally punish the perpetrator through a penalty, provided by the criminal legislation.

It’s also worth noting that unlike seeking reparations under common law provisions, doing so by claiming responsibility set forth through the contractual law, you can exceed the boundaries offered by common law. In any case, the claims which are filed for product liability are going to be extremely high, especially if they involve a fatality. The main reason for this is that they are usually targeted towards influential companies with billions of dollars in capital. You know it is essential to let an experienced lawyer handle such challenging and complex cases if you are serious about getting compensated. Thus, get a reference or look online to find a personal injury law firm that specializes in product liability cases.

Settling an Injury Claim Deriving From a Dog Bite

Injury Lawyer

The truth is that every single case involving a dog bite is particularly different. However, as it is with every single case, going to trial means taking a chance. Even if you are 100% sure that all the grounds you have are legit and enough to get you that win, there is always the possibility of the jury ruling against you. That’s why you might want to go for a settlement – this way you are guaranteed to get what you want, or at least partially.

There are two things that would need to happen in order for the parties to reach a settlement agreement – the parties are agreed upon the estimation of the compensation that the jury would have had awarded and the defendant or the dog owner feels like he can be  found liable. Let’s dig a bit deeper in both premises.

The Parties Need To Reach an Agreement on the Cost

This is something particularly important. When it comes to dog bites, under the Dog Owner’s Liability Act and the rather stringent responsibility and liability which is set forth in it, the defendant may have to pay quite a lot of damages. This is due to the fact that there are physical as well as damages for emotional distress and pain and suffering. Compensations can quickly go through the roof in case he hasn’t done anything to prevent the dog bite and a court might award a tremendously large amount of money.

Of course, there is always uncertainty. That is why the parties need to reach an agreement on what they believe the jury or the judge would have had awarded had they undergone a lawsuit. This isn’t an easy task but that’s why there are lawyers involved.

Can The Defendant Lose In Court?

This is another thing that’s going to affect the settlement. If the defendant feels like he won’t lose or that the amount that’s going to be awarded is way lower than the one which is agreeable with the settlement, he might want to take the case all the way and reach a ruling.

However, if he feels like there is a chance of losing, he will definitely settle. He wouldn’t risk having to pay court fees, the fees of the opposing lawyer and interest rates. That is one of the reasons that most of personal injury cases are settled out-of-court and seldom go on trials. However, ir is best to let an expert lawyer negotiate on your behalf as you might buckle down to pressure of the insurance company’s legal team.

As you can see, there are a few things that need to add up in order for the case to be settled. Generally speaking, not a lot of personal injury claims reach the court because the parties find it significantly more appropriate and profitable to go for a settlement. Of course, a proper amount needs to be duly negotiated.