Car Accidents Archives - Page 3 of 10 - Halifax Personal Injury Lawyer Blog

June 17th, 2015

McKiggan Hebert Awards Scholarship to Raise Awareness of Dangers of Distracted Driving

Distracted Driving a Growing Danger

Distracted driving is now the number one cause of deaths on Nova Scotia highways. In order to raise awareness of the dangers of Distracted Driving, McKiggan Hebert Lawyers has created an annual scholarship for a Canadian student who demonstrates academic excellence and a commitment to end distracted driving.

I have been a volunteer with EndDD.org, a nonprofit focused on ending distracted driving, for several years. My legal practice is dedicated exclusively to representing those who have suffered personal injurys. Many of those clients have suffered injury in car accidents caused by distracted driving.

Continue reading →

February 5th, 2015

WEATHER WATCH – WINTER WALKING and DRIVING in NOVA SCOTIA

by John McKiggan

More winter weather on the way

Looks like we are in for another blast of winter tonight and tomorrow. Makes you wonder when it will end. Our senior associate Mark Raftus has been getting a lot of calls the last few days from people who have been injured due in part to the severe winter weather we have been having.

Mark has written this article to provide some advice to Nova Scotian’s on how to protect themselves from injury as we struggle through this latest storm. Take it away Mark…

Continue reading →

December 23rd, 2014

PEDESTRIAN – CAR COLLISIONS: AN EPIDEMIC IN NOVA SCOTIA

by John McKiggan

“Are there more car-pedestrian collisions than usual in Halifax?”

I was having this discussion with my Senior Associate Mark Raftus recently. He had been doing some research on the topic and I thought his findings were interesting, so I asked him to post about it on this blog.

Take it away Mark…

Continue reading →

May 22nd, 2014

Halifax Police Looking for Hit and Run Driver after Woman Hit in Crosswalk: Hit and Run Injury Claims in Nova Scotia

by John McKiggan

Halifax Regional Police are looking for a hit and run driver who struck a 22 year old pedestrian who was crossing North Park Street at a marked crosswalk. She was hit by a car turning left from Cogswell Street that left the scene of the accident.

CTV News reported that the pedestrian was taken to the hospital with “non-life threating injuries.”

Fortunately the pedestrian in this accident does not appear to have been seriously hurt. But even non-life threatening injuries can cause long term pain, inconvenience and income loss.

Continue reading →

February 20th, 2014

Assessment of Damages after Default Judgment: What’s the Burden of Proof?

by John McKiggan

Reasons for judgment were issued recently in an interesting case: MacKean v. Royal & Sun Alliance Insurance Company of Canada

The plaintiffs were injured in a car accident with an uninsured driver. The plaintiffs settled their claim against their own insurer under the uninsured driver provisions of their own automobile policy. When the claim was settled, the plaintiffs assigned their claim to their insurer RSA.

The uninsured driver was sued but failed to file a defence and had a default judgment entered against him.

Continue reading →

April 25th, 2013

Offers to Settle in Nova Scotia Personal Injury Claims

by John McKiggan

I have been a personal injury lawyer in Nova Scotia for 23 years, and throughout this time I’ve helped my clients with high-quality legal advice and the guarantees of favorable settlement agreements. Settlement negotiations have always been an important aspect within the civil procedures of my countless cases, and it’s been a general rule of the common law to at the very least attempt to get all involved parties to settle their claims and avoid the costly consequences of going to trial.

But settlement offers can also have a significant legal impact even if a case doesn’t settle before trial. That’s why this article by Matt Maurer was of interest to us because it provides a perfect illustration of the strategic use of settlement discussions and the art of the counter-offer.

If you have any questions or concerns in terms of the offer within your personal injury claim, contact us for a free consultation so we can review the details of your claim and put you in the right direction towards your most favorable settlement offer.
Formal Offer to Settle
During any litigation, there are usually informal “without prejudice” settlement discussions designed to try to resolve the civil procedure, which takes place during the litigation process.

Continue reading →

April 19th, 2013

Do I have a right to a jury trial in personal injury claims?

by John McKiggan

Last month the Nova Scotia Supreme Court decided to strike a jury notice and prevent a jury trial.

The case (Anderson v. Cyr) involved a motor vehicle accident in Halifax. The defendants admitted that they were at fault for the accident but they denied the injuries of the plaintiff were caused by their negligence. The defendants wanted a jury trial while the plaintiff sought a judge alone trial.

In considering the plaintiff’s motion to strike the jury notice, Justice Wright considered the complexities and technicalities involved in the case and concluded that it would be better heard by a judge sitting alone.

Continue reading →

April 17th, 2013

How Old is Too Old to Drive?

by John McKiggan

They say that you’re only as old as you think you are, but the older I get the more I realize my body hasn’t heard that saying.

Don’t get me wrong, I still have a while to go before I am officially considered to be a “senior citizen”, but I do understand that as we get older we begin to experience driving ability warning signs including loss of certain physical abilities like hearing and eyesight, our reaction times begin to deteriorate, and we tend to require a wide array of medications for various medical conditions which can have any number of effects on older adults’ mental capacity.

This combination of issues can be particularly concerning when older people get behind the wheel of a motor vehicle. But how do we get our loved ones and other older drivers to give up their prized driver’s license independence and hand over the keys?

Continue reading →

April 4th, 2013

End Distracted Driving Presentation at Fairview JHS: Hands-free isn’t harm-free!

by John McKiggan

As part of my volunteer efforts with End Distracted Driving (EndDD.org) I have been speaking to students at high schools and junior high schools throughout Metro. Yesterday I had the pleasure of talking with 150 grade nine students at Fairview Junior High School. I was impressed with the interest shown by the students and the questions they asked.

EndDD.org’s Mission Statement can be found on their website:
“To preserve life and promote safety on a large scale through advocacy, education, and action. It is our hope that we can prevent families and friends from suffering the loss of a loved one because of distracted driving.”
Talking while driving a distraction

Continue reading →

March 1st, 2013

New Seatbelt Rules Coming for Canada: Using seatbelts is common sense.

by John McKiggan

Have you ever noticed that the middle-rear seat of most cars usually doesn’t have a shoulder seat belt strap? Ever wonder if the side seats that have shoulder straps are safer than the middle seat?

Studies have shown that passengers wearing lap belts alone are more likely to suffer separation of their lumbar vertebrae, causing paralysis.

Three point (shoulder strap) seat belts have been mandatory in all cars sold in the U.S. since September 2007.

Continue reading →

Category: Car Accidents