A #link(motor-vehicle-car-accidents,,car accident) is one of the most common causes of injury to people across the world.  It is also one of the most damaging and avoidable contributors to #link(personal-injury,,personal injury) across Canada.   It can happen for a variety of reasons such as driving while intoxicated, weather conditions or texting while driving.

It is not uncommon for us to hear about people being injured or killed in an untimely car accident.  A few years ago, eighteen year old Katrina Lyman was tragically killed in a car crash in the Arnprior area.  Her car hit the shoulder of the road and, in an attempt to regain control of her vehicle, she over-corrected and slammed into an oncoming pickup truck.  Through a police investigation, it was uncovered that she had been using her phone to post on Facebook moments before her accident.  The occupants of the pickup truck sustained injuries but Ms Lyman was the only person who died.

Police in Ottawa have noted that for the last five years almost half of vehicle collisions have been a direct result of distracted driving.  These accidents account for over six thousand personal injuries and eighteen deaths.

In February of this year, a winter storm was responsible for dozens of accidents in Eastern Ontario.  While there was only four centimeters of snow, high winds made the roadways very smooth and, by late afternoon, Ottawa police were called to the scene of over one hundred accidents.  They stressed the importance of driving slowly and carefully in traffic or during storms like this one.

If you have been involved in a car accident, you are required to take certain steps by law.  There are also steps you can take to personally help ensure that you are fully compensated for any damages.

Firstly, if your vehicle has been in an accident you should stop and await law enforcement personnel.  It is a serious offence here in Canada if you flee the scene of an accident, no matter how minor it may appear to be.  If you are hurt, you should seek immediate medical attention.

Secondly, if the perceived damage has the potential to be more than an estimated thousand dollar amount, you should contact the 911 emergency number and allow them to assist you.  Emergency response teams are trained individuals who can help you take the necessary steps to keep yourself and others safe.

Thirdly, if your vehicle poses imminent danger to others you should try to get it into a safe position off the road.  If this is not possible, turn on your hazard lights and use any other safety and warning traffic equipment you may have if applicable to the situation (for example, traffic cones and flares).

Fourthly, document the names, insurance information, license plate number, addresses and other applicable personal information from the others involved in the accident.  It is advisable that you also get the contact information from any potential witnesses of the accident.
(Make note of everything you can recollect of the accident.   You may be given specific forms which may have diagrams to aid in the reconstruction of the accident by law enforcement).

After gathering all this information, you have seven days within which you are allowed to report the damage to your insurance company.  Ontario operates under the “no-fault” regime which means that regardless of who is at fault, you seek reimbursement from you own insurance company for damage to your vehicle.  Your insurer will then use the Fault Determination Rules to ascertain what percentage of responsibility to apply to your accident.

The province has been considering raising the threshold for reporting accident from one thousand dollars to two thousand dollars in order to keep up with the rising costs and inflation of automobile repairs. 

Taking extra care when driving and heeding traffic laws can go a long way in ensuring the safety of yourself and others.  A seemingly harmless decision can have catastrophic consequences and it is our responsibility to ensure that that does not happen.

If you are seeking a skilled personal injury law team in Eastern Ontario, please call us at #link(contact,,Burn Tucker Lachaîne).  Your first consultation is free and we have very #link(meet-the-team,,experienced lawyers) and support staff who are able to help you in English or French.

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