Warns Pedestrians to be Careful of Motor Vehicles Following a Rash of Recent Fatalities

Hanson Duby Personal Injury Law (http://www.HansonDuby.com), a personal injury law firm serving the Greater Toronto Area (GTA), is warning pedestrians to be careful of motor vehicles after a number of recent accidents, including a woman who was fatally struck while walking her dog and a pedestrian who was killed helping another person cross the street.

On Monday, June 10, a 28-year-old woman and her dog were killed after being struck from behind by a car while walking on a sidewalk in Vaughan. The vehicle's driver and occupant were taken to hospital with minor injuries. In a separate incident, a pedestrian was struck and killed by a truck while crossing Steeles Avenue at Weston Road. The driver of the truck was unhurt, but taken to hospital and treated for shock. (Sources: “Woman, 28, and her dog fatally struck by car in Vaughan, north of Toronto,” CTV News, June 11, 2013, http://toronto.ctvnews.ca/woman-28-and-her-dog-fatally-struck-by-car-in-vaughan-north-of-toronto-1.1320549; “Female pedestrian fatally struck at Steeles and Weston,” CityNews Toronto, May 15, 2013, http://www.citynews.ca/2012/05/15/female-pedestrian-fatally-struck-at-steeles-and-weston/.)

According to Hanson Duby Personal Injury Law, accidents involving pedestrians can happen because of many reasons: sometimes drivers are distracted, negligent, or even reckless. In some cases, motorists negligently or recklessly drive onto sidewalks and strike pedestrians. 

“There has been a disturbing spike in pedestrian deaths in the GTA since early May,” says Spyros Bekiaris, a lawyer at Hanson Duby Personal Injury Law. “Pedestrian accidents can be extremely devastating and lead to serious physical and emotional trauma. Pedestrians injured by motor vehicles can face lost wages, costly medical bills, pain, and emotional distress. Injuries can also lead to death.”

Bekiaris joined Hanson Duby Personal Injury Law as an associate in September 2010. He graduated from York University with an Honours BA in political science in 2006 and from the Queen’s University, Faculty of Law with a JD in 2009. He formerly worked at a boutique insurance defence firm in Toronto, representing insurance companies.

Bekiaris has appeared before the Financial Services Commission of Ontario, the Small Claims Court, the Superior Court of Justice, and the Divisional Court. Bekiaris represents clients in a variety of disputes including motor vehicle accidents, accident benefits, slips and falls, property damage claims and victims of assault, representing the victims. Bekiaris is a member of the Ontario Trial Lawyers Association and the Hellenic Canadian Lawyers’ Association.

“Every pedestrian has rights, which include getting compensation for injuries sustained by motor vehicles," Bekiaris adds. "Pedestrians injured in motor vehicle accidents and family members of those killed need to consult with a personal injury lawyer in Toronto immediately after the accident occurs. In most cases, fault can be established against the driver of a vehicle if a pedestrian is hit while crossing the street in accordance with traffic laws. Even a pedestrian is partly at fault, they may still be entitled to compensation.” 

The personal injury lawyers at Hanson Duby Personal Injury Law remind pedestrians that if they have been injured in an accident, they are entitled to compensation. Unlike other provinces, in Ontario, you can both file an accident benefits claim and sue the driver at fault for damages. That is why pedestrian accident victims should seek the legal advice of an experienced personal injury lawyer in the GTA to discuss their legal options.

Hanson Duby Personal Injury Law is a personal injury law firm located in the Annex district of Toronto. The firm specializes in helping injured victims obtain compensation due to car accidents, long-term disability claims, life insurance claims, and product liability claims. The firm serves clients from across the Greater Toronto Area and provides service in English, Mandarin, Cantonese, Tamil, Greek, and French. The site will soon evolve again and be updated to include pages in Mandarin, Cantonese, Tamil, and Greek to better serve those communities.

More information on Hanson Duby Personal Injury Law is available by visiting the firm's web site at http://www.HansonDuby.com or by calling 416-588-9100.

The doughnut shop fight that made the Ontario Court to protect the policyholder’s personal injury claim

The incident that took place a couple of years from now, i.e. in the month of February, 2011 forced the Ontario court to rethink on the personal injury claims, when it was found that the insurance policy excludes coverage for any kind of criminal acts. As a result, the Ontario court planned to issue orders to the insurer to guard the personal injury claim of the policyholder, when it was found that the policyholder, who was found guilty of assaulting the man, who is now suing him. 

Fausto Simone and Vincenzo Sgambelluri are the names of the persons involved in the fight. It all happened when Sgambelluri supposedly ran into the drive-through line. He has now sued Simone for all the alleged personal injuries namely broken leg, depression and anxiety, which he had to suffer because of Simone’s negligence.   

After several discussions, Simone received a conditional discharge as he was found to be guilty of common assault. But, as per the court records, the judge of the trial was “not convinced beyond a reasonable doubt” that Simone was responsible for any attack causing bodily harm. As written by Mr. Justice Bruce Glass in background with his May 31, 2013 decision on Economical’s duty to defend, “The trial judge found that there had been a chest bumping between the two men". 

Furthermore, the judge with the Ontario Superior court of Justice found that the proceedings could be based on those negligent actions that are not grouped under criminal actions. This caused the Ontario Court issue orders to the insurance company to protect the lawsuit against the policyholder for those personal injuries allegedly resulting from such an action.

When Simone found that the insurance policy he had, offers no coverage against the criminal acts, he applied to the court for a declaration asking economical insurance for his defence. But the insurance company, on the other hand, argued that the policy which Simone holds does not offer any kind of compensation for personal injuries developed as a result of any intentional criminal acts or failure to act.  

After scrutinizing all the proofs and studying the entire case, on May 31, 2013, Judge Glass ruled the decision in favour of Simone saying that he "is entitled to declaratory relief" and ordered the insurance company to support him "with the exception of a claim for punitive or exemplary relief," since punitive and exemplary damages are excluded from the insurance policy.

"There will be an order for a declaration that the Respondent defends the action," Judge Glass wrote.

Looking at the possibility that Simone could go for a negligence claim, Judge Glass in his ruling also suggested, exclusions of Simone's policy with Economical Insurance would not apply. However, "If there is a realistic possibility that a claim in negligence might be advanced separate from a claim for damagesresulting from an assault, the insured is entitled to benefit of a defence being carried by the insurer," Judge Glass wrote, noting that when determining whether a carrier has a duty to defend, a court must look "beyond labels used" by a plaintiff and "determine the substance and true nature of the claims."

Benefits of Working with a Personal Injury Lawyer Toronto

There are number of personal injury lawyers that demand case fee only if they succeed in winning the case for you. Unfortunately, if the attorney fails in getting the decision in your favor you need not pay a single penny. However, not all of us are aware of such offers and often pay for a service which is never provided.

Here are some helpful tips and advice that can prove to be very beneficial in working with a personal injury lawyer Toronto and saving a great amount of money on the legal fees:

Be Practical

It is very important to identify the benefits of personal injury claims because no matter how severe the injury is, its effect will last for a longer period of time. It will not only affect your professional but also your personal life to a great extent. You might have to lose on the enjoyment in life and deal with something which you would never have dreamed of. Therefore, be practical and do not hesitate in discussing your personal injury with a qualified lawyer and file for a claim before it’s too late.

Be Quick

You need to be quick in informing the insurance company about the injury or the accident as there are certain time limits on the claim. If you report the insurance agency about your injury after the time period has elapsed then you cannot ask for any sort of compensation from the insurance company. Apart from this, you also miss out the opportunity to sue the third party who was responsible for the mishap in such situations.   

Be Well-informed

Walking through the personal injury claims procedure alone could turn out to be very troublesome as it requires a complete understanding of all the legal processes and technical know-how’s of the claim policy. On the other hand, hiring an experience and top personal injury lawyer can get the work done in a much simpler and easier way. This is true because they are familiar with the working of legal system and are also equipped with all the professional skills required for settling such cases.

Though hiring a personal injury lawyer will definitely cost you some money, it will also help you in getting you the maximum compensation for everything you had to suffer. Hence, make sure that you dedicate enough amount of time in finding the best personal injury lawyer who will win the case for you.