Should I hire a lawyer after a motor vehicle accident in Ottawa?

While it's not mandatory to hire a lawyer after a motor vehicle accident, it's highly recommended, especially if you've suffered injuries. Here are some reasons why hiring a legal team like ours may be beneficial: Knowledge and expertise: Our personal injury lawyers specialize in motor vehicle accident cases and understand the legal complexities involved. We have the knowledge and experience to navigate the legal system, assess your case, and provide you with appropriate guidance. Advocacy and protection: Our lawyers will be your advocate, protecting your rights and interests throughout the process. We will handle communications with insurance companies, negotiate settlements, and, if necessary, represent you in court. Maximizing compensation: Our experienced lawyers will work to ensure you receive fair compensation for your injuries, medical expenses, lost wages, pain and suffering, and other damages. We can help you build a strong case and assess the true value of your claim. Reducing stress: Dealing with the aftermath of a motor vehicle accident can be overwhelming, especially if you're injured. By working with our team, you can focus on your recovery while we handle the legal aspects of your case, providing you with peace of mind.

Are there any time limits for filing a lawsuit after a motor vehicle accident in Ottawa?

Yes, there are time limits, known as statutes of limitations, for filing a lawsuit after a motor vehicle accident. These time limits can vary depending on the type of claim and the jurisdiction. In Ontario, the general time limit to file a personal injury lawsuit is two years from the date of the accident.

What types of compensation can I seek after a motor vehicle accident in Ottawa?

After a motor vehicle accident, you may be eligible to seek various types of compensation, depending on the circumstances of your case. Here are some common types of compensation that you can pursue: Medical expenses: You can seek compensation for all reasonable and necessary medical expenses related to your accident, including hospital bills, doctor's visits, surgery costs, prescription medications, rehabilitation, and ongoing medical treatments. Lost wages: If your injuries prevent you from working, you may be entitled to compensation for the income you have lost and the potential earnings you could have made during your recovery period. This includes both past and future lost wages. Pain and suffering: You may be able to seek compensation for the physical and emotional pain, suffering, and distress caused by the accident and your injuries. This includes the impact on your quality of life, loss of enjoyment of activities, and any psychological trauma you have experienced. Rehabilitation and therapy: If your injuries require ongoing rehabilitation, physical therapy, or specialized treatments, you can seek compensation for these expenses. This may include costs associated with occupational therapy, counselling, assistive devices, and home modifications. It's important to consult with our legal team so we can assess your unique and specific situation, evaluate the damages you may be entitled to, and guide you through the process of seeking fair compensation.

Public Transport Accidents

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Public transportation comes in many forms. Buses and trains are perhaps the most common, followed by subways and streetcars. In nearly every city, you will find some kind of accessible option that moves people from point A to B. Unfortunately, while convenient, these modes of transportation can also be increasingly dangerous.

Due to their extended size to carry multiple passengers at a time, any type of accident with a public transportation vehicle can cause numerous injuries to the people inside. These proportions also mean that copious other people or cars could be involved in a collision. With a mounting number of victims, there could be grounds for a class action lawsuit. In addition, determining who’s at fault for public transit accidents can be challenging. That’s because many people contribute to the operation of these services.

Furthermore, bus and train station stops may be the cause of slips and falls, either due to improper maintenance or inclement weather conditions. Since so many possibilities for incidents can arrive regarding public transportation accidents, it is increasingly important that people remain vigilant and aware of their rights. There may be specifics surrounding the amount of time you have to file a case because it is on public property or because of different protections for those responsible. Working with an experienced personal injury lawyer can ensure you avoid the red tape and are compensated fairly.

Statistics on Public Transportation Accidents

There are fewer public transit accidents compared to motor vehicle accidents in Ontario, but that doesn’t mean they don’t happen. In 2019, 2,515 property damage claims were filed due to accidents involving buses in Ontario.
Additionally, 649 people were injured, and five people died.

Train accidents are much less frequent, but there were still 32 incidents involving property damage, 32 injuries and four deaths in 2019. Even though there are fewer incidents involving public transit than auto accidents each year, the types of injuries people experience can be similar but, in some cases, much more severe.

Accidents Involving Personal Vehicles

When a bus collides with other vehicles, it may result in more significant property damage claims and serious injuries, even at lower speeds. This is because buses are much larger and more powerful vehicles than those used for personal transportation.

Passenger Accidents

Passengers can be injured when a train or bus is involved in an accident. They may be able to claim damages, especially if they can prove that the bus driver or train operator acted negligently.

Pedestrian Accidents

Bus drivers and train operators must be aware of the pedestrians at all times and do their best to operate their vehicles safely to avoid harming people crossing the street or using train platforms.

If a pedestrian is struck by any kind of vehicle, including a mode of public transportation, they have access to statutory accident benefits provided by their auto insurance policy, regardless of who is at fault for the accident. They are entitled to accident benefits in the form of medical and rehabilitation benefits and partially lost income if they are unable to work. An injured pedestrian could also file a tort claim against the driver who hit them to recover damages not covered by their accident benefits coverage.

Possible Injuries Resulting from a Public Transportation Accident

If you or a loved one are victims of a public transportation accident, your injuries may differ even if you were both inside the bus or train. Where you were sitting in relation to the impact of the crash may have intense effects on the body. While whiplash is common, it’s not unheard of for this injury to worsen over time, leaving you with constant strained movements of your neck and head. This may mask brain injuries resulting from concussions and ongoing pressure prohibiting normal mental functions. In extreme cases, spinal cord injuries can cause paralysis and continued difficulties with mobility. Psychological issues can sometimes be overlooked in the wake of more critical physical injuries, but make no mistake; they have just as significant an impact as visible wounds.

Healing from These Types of Accidents

Recovery is a delicate process. More often than not, no two injuries are the same. Each will require a team of medical specialists to design a plan to adequately address what has happened and start you on your healing journey. In the meantime, you may need ongoing support with day-to-day tasks while you regain strength. Perhaps you’ll need long-term care. Your career may have to be put on hold or altered completely, depending on the line of work you are in. In addition, some medications and therapies are not covered under certain health insurance plans, leaving you to pay out of pocket and without the means to do so.

Determining Public Transit Accident Liability

Litigating a public transit accident can be more complicated due to the numerous parties involved. There may be multiple victims and more than one responsible party. It may result in a class action lawsuit, where one or a few plaintiffs represents a larger group of people and sues a defendant or group of defendants based on what collectively happened to them. These legal cases can get complicated, so it’s important to speak with an experienced attorney as soon as possible after your accident.

Understanding the Impact of Public Transport Accidents

According to the Ontario Road Safety Preliminary Annual Report, 22,573 motor vehicle accidents resulted in personal injuries in 2021, some of which were catastrophic. No matter the type of motor vehicle accident, the distinct reality is that a collision can have varying impacts on the lives of victims. Potential injuries can include but are not limited to:

Whiplash or soft tissue injuries
Spinal cord and brain injuries
Broken bones

Circumstances

Depending on the circumstances, the following parties may be held liable.

1

Municipalities

The city transit authority or department that oversees the operation of public buses and trains might be liable for an accident if they didn’t take appropriate measures to ensure public safety. This can include enforcing safety protocols, performing routine vehicle maintenance, and providing safety devices for passengers using trains and buses.

2

Transit Companies

If another company employs operators or owns the vehicles used for public transportation, that company might be liable for an accident. Victims need to prove that the company acted negligently. For example, this could be arguing that safety rules were not enforced knowingly operating poorly maintained vehicles or not taking disciplinary action against unsafe operators.

3

Individual Operators

In some lawsuits, the person driving or operating the bus or train involved may be named a defendant. This is more common when most of the fault rests with the operator’s behaviour rather than mechanical problems or maintenance issues.

Understanding Your Rights After a Public Transportation Accident

At Bergeron Clifford, we have dealt with many cases regarding public transportation accidents. Whether you are a part of a class action lawsuit or going it alone, our team can help enhance your case to ensure the best possible results.

Unfortunately, many aspects of this type of claim discourage people from pursuing them, whether that be uncertainty around your rights or fear of losing your case.

However, with an experienced and confident legal professional at your side, you can have the peace of mind that your claim will be fortified with details that will make all the difference. Our team will work with you to fully understand the impact this accident had on your life and ensure you get the compensation needed to live as close to how you did before the accident. To learn more about our process, contact us.

A Public Transportation Accident Case Explained

At Bergeron Clifford, our team of experienced personal injury lawyers is committed to representing clients who have suffered from accidents and injuries across Ontario. One such example involves a public transportation accident in Ottawa, demonstrating our dedication to securing justice […]

Contact Us Today

If you or a loved one has been injured in a public transport accident, our team at Bergeron Clifford is ready to help you through this difficult time and fight for your rights. We offer compassionate and skilled legal services to ensure you receive the fair compensation you deserve.

Time is of the essence when it comes to pursuing a personal injury claim following a motor vehicle accident. That’s why we are committed to providing you with the information you need to make informed decisions about your case. For more information on our services, please contact us.

Frequently Asked Questions

What qualifies as a public transportation accident?

In the realm of personal injury law, a public transportation accident encompasses a wide spectrum of incidents. It involves any unfortunate event that occurs while utilizing or being in proximity to public transportation systems such as buses, trains, subways, taxis, or even rideshare services like Uber or Lyft. These accidents can result from collisions, sudden stops, equipment failures, or slips and falls within or around these vehicles or transportation hubs. Whether you’re a passenger, pedestrian, or another involved party, any injury stemming from these circumstances could fall under the purview of a public transportation accident.

Can I file a claim against a public transportation entity for my injuries?

Absolutely. If you’ve sustained injuries due to the negligence or wrongful actions of a public transportation entity or its employee, you have the legal right to pursue a claim. These entities have a responsibility to ensure the safety and well-being of passengers and others affected by their services. Instances of driver error, inadequate maintenance, or insufficient safety protocols that lead to injuries can warrant legal action seeking fair compensation for your losses, damages, and suffering.

Do I need a lawyer for a public transportation accident claim?

While it’s not a legal requirement, having an experienced personal injury lawyer by your side significantly enhances your chances of receiving fair compensation. Dealing with the aftermath of a public transportation accident can be overwhelming and complex. Our team can navigate the intricate legal procedures, advocate for your rights, and handle negotiations with insurance companies or legal representatives on your behalf.

What if the public transportation company denies liability for the accident?

In situations where the transportation company denies liability for the accident, it’s pivotal to have a legal professional intervene. Often, transportation entities have robust legal teams aiming to minimize liability. Our skilled team can conduct a thorough investigation, collect pertinent evidence, consult with experts if necessary, and construct a compelling case to challenge the denial of liability.

How much does it cost to hire a personal injury lawyer for a public transportation accident case?

Our firm operates on a contingency fee basis, meaning we only receive payment if we successfully recover fair compensation for you. There are no upfront costs or hourly fees, allowing you to access quality legal representation without financial concerns during an already challenging time. Additionally, we offer a free initial consultation to discuss the specifics of your case and provide clarity on your legal options.

Sources

Toney-Butler, Tammy J., and Matthew Varacallo. 2020. “Motor Vehicle Collisions (MVCs).” PubMed. Treasure Island (FL): StatPearls Publishing. 2020. https://www.ncbi.nlm.nih.gov/books/NBK441955/.
Ferrando, Josep, Antoni Plasència, Isabel Ricart, Xavier Canaleta, and María Seguí-Gómez. 2000. “Motor-Vehicle Injury Patterns in Emergency-Department Patients in a South-European Urban Setting.” Annual Proceedings / Association for the Advancement of Automotive Medicine 44: 445–58. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3217388/.