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Protecting Minors and Their Legal Rights

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

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.


Pedestrian Road Safety – Street Safety Practices

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.


Distracted Driving and Motor Vehicle Accidents – What You Need to Know

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.


Traumatic Brain Injury – Resources at St. Michael’s Hospital

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

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  • "I‌ wanted‌ to‌ thank‌ Gary‌ Mazin‌ for‌ everything‌ he‌ did‌ for‌ me. ‌ Retaining‌ him‌ was‌ the‌ best‌ decision‌ I‌ had‌ ever‌ made. Gary is the best personal injury lawyer. His‌ expertise,‌ professionalism‌ and‌ kindness‌ were‌ always‌ present. ‌ He‌ was‌ able‌ to‌ get‌ me‌ the‌ fair‌ settlement‌ that‌ I‌ deserved‌ because‌ of‌ his‌ knowledge‌ and‌ support. He‌ is‌ a‌ truly‌ dedicated‌ personal‌ injury‌ lawyer‌ to‌ whom‌ I‌ am‌ forever‌ grateful."
  • R.‌ Chertok,‌ Richmond‌ Hill
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Mazin & Associates PC dedicates itself to achieving maximum settlements in serious personal injury and accident cases. Our areas of practice include car accidents, motorcycle injuries, brain injuries, spinal cord injuries, slip and falls, wrongful death, product liability, long-term disability and medical malpractice.

  • Toronto
  • Tel: (416) 625-2122
  • Toll Free: 1-800-432-HURT (4878)
  • Fax: (416) 250-1238
  • 5 Park Home Ave #501
  • Toronto, ON M2N 6L4