Approximately 50,000 SUV’s used by police in the US are being recalled by General Motors (GM) due to a problem that may result in the vehicles catching fire, an article of Fortune reported on December 10.

In the recall notice issued by GM to the National Highway Traffic Safety Administration (NHTSA), an electrical problem could occur in the cooling fan of the vehicles. The problem may result in the vehicles catching fire if certain fluids contact the cooling fans of the affected vehicles. GM reported there are 49,927 Chevrolet Tahoe Police Pursuit vehicles affected by the recall. GM did not clarify if an injury or an accident had taken place before they issued the recall.

The Toronto personal injury lawyers at Mazin & Associates, PC understand that faulty vehicle designs endanger the lives of many families. If you were hurt by a defective vehicle, we may be able to help you file a legal claim to help you receive the compensations you need from negligent parties. Call us today at (416) 625-2122 to learn more about your options.

Did You Know?

Importantly, poor road conditions or maintenance contribute greatly to the cause of motor vehicle accidents. Poor road conditions can include missing guardrails, erosion, pot holes and faulty design. Problematic signs, blind curves and shoulder drop-offs also contribute to motor vehicle accidents. In an effort to improve road safety for all, Ontario is investing $160 billion over 12 years in public infrastructure, which supports 110,000 jobs each year with projects in transit, bridges, schools and roads. More specifically, since 2003, the province has committed over $25 billion to design and repair highways and bridges throughout Ontario.

With the effort to improve and maintain Ontario’s transportation infrastructure, driver license fees have increased. The increase in fees will help to provide resources to help keep Ontario’s roads safe and consistent with recommendations made by the Auditor General of Ontario.  It is important to note the following changes:

Effective September 1, 2016:

• Driver’s License Original and Renewal Fee will increase from $81.50 to $90
• Vehicle License Validation in Northern Ontario will increase from $54to $60
• Vehicle License Validation in Southern Ontario will increase from $108 to $120

Effective January 1, 2017:

• Driver’s License Reinstatement Fee (after suspensions and administrative monetary penalty) will increase from $180 to $198
• Driving Instructors License Replacement will increase from $28 to $31
• Oversize/Overweight Permit Replacement will increase from $28 to $31
• Original and Replacement Plate/Permit Fee for Manufacturer motor vehicle and motorcycle and dealer plate will increase from $20 to $25
• Original and Replacement Plate/Permit Fee for Manufacturer motor vehicle and motorcycle and dealer permit will increase from $10 to $32

When weather conditions are unpredictable, increased demands are placed on a driver and their vehicle. The following winter driving tips should be considered well in advance of the first snowfall, so that all motorists are prepared for the unpredictability Canadian winters often bring. Consider the following:

Vehicle Readiness

Performing a maintenance check-up is critical to winter readiness. Make sure the tires, brakes, oil, lights, exhaust system, heater/defroster and windshield wipers are examined.

Keeping your fuel tank at least half full is recommended. When an emergency situation requires you to remain in your vehicle on days when there is freezing weather, being able to stay warm is critical to your health and safety.

Make sure you have enough windshield washer fluid in your vehicle, and make sure you keep an extra container in case you run out.

Clear all snow and ice from your roof, windows, mirrors and lights. Wait to ensure that all fog is cleared from the inside of your vehicle before putting the car into motion.

Make sure your tires are properly maintained, as tires that are worn or damaged can affect your ability to drive safely. It is important to replace your tires before the tread depth reaches 1.5 mm, as studies have shown that that tires with a tread of 3 mm deep are able to stop a vehicle on wet pavement in 25% shorter distance than a tire with a 1.5 mm tread.

Handling Your Vehicle in Winter Driving

Most collisions that occur during the winter season are a result of drivers travelling too fast for weather conditions. Most important is that drivers slow down, and allow for extra space between your vehicle and other motorists.

Take care to look for reflections on the road, as what looks like water might actually be ice. Be especially careful as you approach shaded areas, bridges and overpasses, as these areas of road freeze faster and stay frozen for longer periods of time. Make sure to steer gently in slippery conditions, and avoid quick acceleration and hard breaking which may cause your vehicle to skid. A skid occurs when a vehicle loses traction over a slippery surface. If your vehicle is skidding, release your breaks and steer in the direction of the skid. Make sure not to over-steer.

Also, avoid using cruise control in slippery weather conditions, as this function reduces overall reaction time and vehicle control.

Finally, never pass a snow plow. Accidents that occur between motorists and snow plows have resulted in many fatalities. Passing between or around snow plows is very dangerous due to whiteout conditions and the ridge of snow being passed between plows. Be sure to maintain a safe distance from snow plows when you see their blue flashing lights.

Be Prepared

Finally, it is important to be prepared with emergency supplies in case you find yourself needing them. Make sure you have a charged cell phone in your vehicle, along with non-perishable food, water, a flashlight, blankets, warm clothes and jumper cables.

Be sure to check weather and travel conditions before getting into your vehicle. Plan extra travelling time, and consider delaying your travel if weather conditions are bad. Stay safe this winter and be road ready!

Visit http://www.mto.gov.on.ca/english/ontario-511/pdfs/winter-safe-driving.pdf for more information around safety practices and winter driving.

Children are vulnerable human beings, and ensuring their safety is of paramount importance. Most of us know that properly installed and secured car seats are critical in the event of a motor vehicle accident. Additional safety measures for children include:

• Seat children younger than 13 in the back.
• Use appropriate restraints for a child’s age and size.
• Follow the directions in the instruction manuals for both the child restraint and vehicle.
• Pick a vehicle with top crash test ratings.
• Never leave kids alone in or around vehicles.

At Mazin & Associates PC we know how important it is to protect the rights of minors involved in serious car accident or personal injury claims. We have extensive experience representing minors with serious injuries, and are well versed with how sensitively their claims must be managed. There exist special legal considerations when it comes to protecting minors, including appointing a litigation guardian on behalf of the child to make decisions, and having the Ontario Court approve settlement of a minor’s claim for it to be legally binding.

The team at Mazin & Associates PC is proud to ensure that all of our claims involving minors with serious injuries are properly taken care of. We recently won a motion that allowed our client, a young boy who sustained a traumatic brain injury, to add the City of Sudbury as a defendant to the action, which was not considered by the original lawyers who handled the file. This ruling has significant implications, and the recent news release from Sudbury.com can be found at: https://www.sudbury.com/local-news/city-added-to-lawsuit-that-dates-back-to-2007-356106.

If you are the parent or legal guardian of a minor who has been seriously injured, it is critical that you obtain legal advice from an experienced personal injury lawyer who is able to protect the child’s rights, and advance the claim appropriately. Contact Mazin & Associates, PC for your Free Consultation at (416) 625-2122.

Stunt Driving, Racing and Dangerous Driving Offences often come with hefty sanctions. The Highway Traffic Act, and Regulation 455/07, defines stunt driving and racing. “Racing” can include chasing another vehicle, or when two or more cars race one another at a ‘marked departure’ above the designated speed limit, in a competitive manner. The term “stunt” can mean popping wheelies, drifting, doing donuts, and exceeding the speed limit by of 50 km/hour. Less commonly known definitions of stunt driving include driving in a manner that may endanger another person by intentionally preventing passing, stopping, or cutting off another vehicle.

An individual who is charged with a stunt driving or racing offence will immediately receive an administrative driving suspension for seven days (effective right away), a 7 day vehicle impound, and incur the associated towing and impound fees.  If convicted, they may also receive:

• Fines anywhere from a minimum of $2,000.00 up to $10,000.00 (To put these figures in perspective, a first time drunk driver will receive a $1,000.00 fine);
• A driver’s license suspension of up to 10 years; and
• The accumulation of 6 demerit points

In addition to these sanctions, an individual who is convicted of stunt driving or racing may be subject to large insurance hikes (and possible ineligibility), an inability to drive for an extended period of time, and all costs or fees associated with reinstating licenses, or victim fine surcharges.

Aggressive driving behaviors such as stunt driving and racing endanger the lives of others. In fact, the risk of serious injury and fatality is 5 times higher for vehicles travelling at 50 km/hour or more above the speed limit on a highway, with a posted speed limit of 100 km/hour. At lower posted speed limits, the risk is even greater. Studies show that when vehicles are travelling at 50 km/hour or above in speed limit zones of 60 km/hour or less, the risk of serious injury or fatality is 8 times greater.

Visit the Highway Traffic Act at https://www.ontario.ca/laws/statute/90h08o learn more about stunt driving, racing and other dangerous driving offences.

Did You Know?

Safer walking spaces are critical to pedestrian road safety. When a motor vehicle accident occurs, pedestrians and cyclists are at a considerably higher risk of injury than are motorists. Approximately three quarters of these motor vehicle accidents involving pedestrians occur in urban areas. Significantly, the majority of fatalities from pedestrian-vehicle interactions are due to a pedestrian being hit at mid-block location while crossing the road. This is because motorists are not expecting pedestrians to cross at a mid-block location, and often cannot stop in time when they appear suddenly from in between parked cars.

It is important to realize though, that pedestrian road safety is not only the responsibility of individuals who use the road. The behaviors of pedestrians and motorists can also be influenced by the road design or layout, traffic laws, and the environment in which an accident may occur. It is up to both pedestrians and drivers to help keep Ontario’s roads safe as best we can.

In an effort to promote pedestrian road safety, the Government of Ontario has legislated that drivers can be fined anywhere from $150 to $500 and 3 demerit points if they commit a driving offence at crosswalks, school crossings and pedestrian crossings. These fines are doubled near designated Community Safety Zones, which includes public areas and schools.

Below some pedestrian road safety tips are listed for pedestrians and drivers alike in an effort to promote road safety.

Tips on Pedestrian Road Safety for Pedestrians:

• Wear bright clothing or reflective strips, especially when it is dark outside, to ensure you are visible to other drivers;
• Make eye contact with drivers before you cross the road to ensure that they see you;
• Cross the road at designated crosswalks or traffic lights;
• Never cross the road on a red light;
• Ensure you only start to cross the road once traffic has come to a complete stop; and
• Take care to watch for vehicles making turns at intersections, or turning into and leaving driveways.

Tips on Pedestrian Road Safety for Drivers:

• Take care to look out for pedestrians, especially while turning;
• Be patient with pedestrians who may require more time to cross the road, including individuals with disabilities or the elderly;
• Drive carefully through school zones or marked Community Safety Zones, paying special attention to children who may be playing or walking nearby; and
• Be ready in case a pedestrian makes a sudden and unexpected move.

The Government of Ontario has recently published some new pedestrian safety changes that can be found at http://www.mto.gov.on.ca/english/safety/pedestrian-safety.shtml

It is important that we stay informed and know how the laws are evolving to support initiatives at greater road safety.  Let’s work together as motorists and pedestrians to ensure pedestrian road safety in our communities.

What is Distracted Driving?

Too often, motor vehicle accidents are the result of distracted driving. You may be engaging in distracted driving activities without even realizing it. Distracted driving puts you and others at risk for a motor vehicle accident. Some common forms of distracted driving include the following:

• Cell phone use, including talking, texting, checking maps, or choosing a playlist;
• Eating; and
• Reading or typing a destination into your Global Positioning System (GPS).

The government of Ontario reports that since 2000, deaths caused by distracted driving have doubled. Their motor vehicle collision data from 2013 shows that a driver who is NOT using a phone is four times less likely to crash then a driver who is using a phone. The government also reports that every half hour one person is injured in a motor vehicle collision that was caused by distracted driving.

Did You Know?

It is against the law in Ontario to hold a phone or other electronic device, such as an e-reader, or digital video disc, while driving. It is however permissible to use a hands-free device or mounted device that is secure to the vehicle.

Novice Drivers (drivers that have a G1, G2, M1 or M2 license) that are convicted of distracted driving will face a 30 day license suspension for a first conviction. A second conviction will result in a 90 day suspension, and a third will result in cancellation of your license and removal from the Graduated Licensing System.

Drivers with A to G licenses that are convicted of distracted driving can face fines up to $1,000.00 and three demerit points.

In addition to being convicted of distracted driving, you may also be changed with careless driving, if you endanger other individuals due to a distraction. If convicted, you may receive 6 demerit point, fines up to $2,000.00, and a jail term of 6 months.

How To Avoid Distracted Driving:

You can do the following to minimize distracted driving:

• Silence your phone and any phone notifications before leaving your home;
• Have a passenger answer your phone or respond to a text message if a response is required; and
• Pull off from the road to a safe area if you must reply to an emergency phone call or text message.

For more information regarding distracted driving, visit https://www.ontario.ca/page/distracted-driving.

Sadly, many individuals involved in serious car accidents may sustain a traumatic brain injury. At Mazin & Associates, PC we represent hundreds of clients who sustain traumatic brain injuries, and have access to some of the best resources available for patients who require acute care in the aftermath of trauma, as well as throughout their recovery process.Traumatic brain injuries can be mild, moderate or severe in nature. It is important that individuals receive proper medical attention following a traumatic brain injury, irrespective of where their injury falls on the spectrum of severity.

The Head Injury Clinic at St. Michael’s Hospital was established in 1987, and treats patients during their recovery from a traumatic brain injury. The Clinic is also dedicated to researching treatment of traumatic brain injury. The team of experts at the Head Injury Clinic assists the injured individual with the many symptoms associated with a traumatic brain. They address the physical, behavioural, psychological and cognitive challenges that often face an individual who has suffered a traumatic brain injury. This team of experts is made up of psychiatrists, neurorehabilitation specialists, social workers, case managers, and neuropsychologists, among many others.

The main goal of this team of experts is to successfully re-integrate people who have suffered a traumatic brain injury back into society. Being able to return to work or school following a serious personal injury or car accident can be a very difficult undertaking for those who have sustained a traumatic brain injury. For this reason, the team at St. Michael’s actively works to co-ordinate rehabilitation services outside of the hospital, and ensure that injured people have access to services that they desperately need. Patient education and support is another important service that the Head Injury Clinic offers to individuals who have suffered a traumatic brain injury. These education and support tools extend to the families of injured individuals who sustained a traumatic brain injury, who themselves must adjust to the life changing circumstances that follow a devastating personal injury.

To read more about the reaearch goals and resources offered at St. Michael’s Hospital, you can visit their website at: http://www.stmichaelshospital.com/programs/trauma/head-injury-clinic.php

As the summer months are upon us, an increasing amount of motorcyclists are out sharing the road with other vehicles. Motorcyclists understand the importance of being seen and heard on the road, given the size of their vehicles and the ease with which they may fit into other vehicles’ blind spots. Wearing bright colored clothing or a helmet as well as having a loud engine is helpful for increasing visibility to other drivers. Motorcycle Accidents are inevitable however, and frequently a result of cars making left hand turns at an intersection, that are either unable to see an approaching motorcyclist or correctly judge their speed.

Unfortunately, motorcyclists are particularly vulnerable to serious injuries when an accident occurs. Motorcycle accident studies have shown that when a motorcyclist is thrown to the ground or into a solid object, the force of impact to the motorcyclist is the same at high speeds as it is at low speeds. Common injuries that result from  motorcycle accidents include second and third degree burns from the motorcycle engine or exhaust, spinal cord injuries, internal bleeding, brain trauma, organ damage, and broken bones. Studies have also shown that fractures to a motorcyclist’s wrists and pelvis area are extremely common. This is because a motorcyclist is inclined to use his or her hands to protect the face when falling off a bike, which leaves the wrist and hand, as well as the exposed pelvis and hip areas, particularly vulnerable to injury.

People who drive motorcycles and have been involved in motorcycle accidents should always do the following:

• Call 9-11 and report the accident.
• Photograph the scene of the accident with your mobile phone. Photograph your motorcycle and its resting position after the impact. Be sure to also photograph all other vehicles involved, as well as any other objects that may have been involved in the accident.
• Take names and contact information of all witnesses at the scene of the accident. Note their observations as to how the accident occurred. Be sure to also write down any outright admissions of guilt made at the scene, including commentary such as, “I’m sorry, I didn’t see you”.
• Photograph your helmet at the scene of the accident, and preserve it thereafter. Take care not to alter the helmet in any way. For the purposes of liability in a lawsuit, wearing a helmet proves to a jury that you were not responsible for contributing to the injuries you sustained in the accident by not wearing the proper safety gear.
• Look for surveillance cameras at or around the scene of the accident, and immediately ask for a copy of the tapes. Surveillance could prove valuable in the context of determining who the at-fault party is.
• Return to the scene of the accident and photograph any changes made to the scene, including any new traffic signs or signals.

If you or someone you know has been involved in a serious motorcycle accident, it is important to know your rights and protect them with specialized legal representation. Contact Mazin & Associates, PC today at (416) 625-2122 for a free consultation.

Ontario’s Ministry of Transportation publishes annual reports about road safety statistics. Using data from the 2014 Ontario Collision Database, the figures collected by the provincial government showed that the highest number of fatalities resulting from vehicle collisions was attributed to drinking and driving situations. 24.9% of total fatalities were attributed to this category. Large truck collisions amounted to 21.8% of total fatalities in 2014, and pedestrian collisions came in as the third highest ranked category, comprising 19.5% of total fatalities. Unbelted occupants made up 12.5% of fatalities, and motorcyclists 11.6%.

Certainly, while we cannot control what other people on the road do, we can employ safe driving techniques while operating our own vehicle. The following are a list of guidelines recommended in an effort to practice safe driving:

• Do NOT drink and drive. Similarly, do not let others get behind the wheel when they are intoxicated. Let’s work together to prevent undue tragedy in the form of lives lost.
• Pay Attention. While operating a vehicle, it is critical that the vehicle driver remain attentive at all times. Distracted driving in the form of excessive fatigue, cell phone use, etc. resulted in 17.9% of total collision fatalities in 2014.
• Watch for pedestrians – whether or not they have the right of way.
• Do not speed. Speed related collisions comprised 17.0% of total collision fatalities in 2014.
• Wear a seat belt. Not only do seat belts save lives, they have also significantly reduced the likelihood of sustaining a catastrophic injury when involved in serious motor vehicle collisions.
• Give large trucks/vehicles ample space to maneuver. Share the road safely.

Too many lives are tragically lost by an impaired or distracted driver each year. Working together as a community to raise awareness around road safety practices is very important to the team at Mazin & Associates, PC. Our extensive involvement in bike helmet awareness among youth is proving a very satisfactory endeavor, as we provide helmets and safety lessons to at-risk youth. Get involved in your local community, and be a part of the movement to promote road safety everywhere.

Link to government publication: http://www.mto.gov.on.ca/english/publications/pdfs/preliminary-2014-orsar-selected-statistics.pdf