Car Accidents Archives - Page 6 of 10 - Halifax Personal Injury Lawyer Blog

May 24th, 2011

Nova Scotia Car Accident Claims – Hands Free Cell Phones Don’t Reduce Traffic Risks

I was driving to work this morning and some lady talking on her cell phone almost sideswiped me when she swerved into my lane of traffic. She wasn’t holding the cell phone. She was using a headset. But she didn’t have a clue about the rush hour traffic that was surrounding her.

Hand Held Cell Phone Ban
It has now been three years since Nova Scotia introduced its law requiring drivers to use hands free cell phones.

However, recent research suggests that the use of hands free cell phones does not reduce the risk associated with cell phones and traffic safety.

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April 14th, 2011

Court Orders Lawyer to Mislead Client to get Access to Facebook – Sparks v. Dubé

by John McKiggan

Defendants are becoming more and more aggressive about trying to get information from social media sites like Facebook.

In what has to be one of the most egregious invasions of privacy that I have ever seen, an insurance company in New Brunswick made an ex parte (secret) application to court requesting a judge to order a plaintiff to turn over copies of all the information contained on her social networking sites like Facebook, LinkedIn, Twitter and My Space.

The most unbelievable part of the decision is that the plaintiff’s lawyer was ordered by the judge to take part in the deception.

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April 6th, 2011

Accident Victim’s Claim Capped by Nova Scotia’s “Minor Injury” Law – Awalt v. Blanchard

by John McKiggan

The $2,500.00 cap on so called “minor injuries” that was introduced in Nova Scotia in 2003 is still having ramifications to innocent victims 7 years later.

The recent decision of Awalt v. Blanchard is a case in point.

Linda Awalt is a 52 year old personal care worker who was injured in a car accident in September 2004.

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March 26th, 2011

Expert Evidence and Defence Medical Exams – The Challenges of Scientific Evidence

by John McKiggan

Expert evidence forms the core of any personal injury claim. In almost every personal injury case the plaintiff must provide scientific evidence, usually if the form of testimony from teatingg doctors and other health care providers about issues surrounding causation of the plaintiff’s injuries.

Personal injury claims often boil don to a so-called “battle of the experts” and the judge or jury is forced to decide which evidence they feel is more reliable or reasonable.

Interpreting Scientific Evidence Challenging

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March 22nd, 2011

Children Should Stay in Rear Facing Seats Longer: Child Safety Experts

by John McKiggan

Car accidents are the leading cause of death for children age 4 and up. Child car seats have been shown to lower the chances of death in a car accident by 28 per cent compared with seatbelts. They have also been found to reduce the severity of car crash injuries.

Most child car seat manufactures recommend that children stay in rear facing seats until they are 1 year old or 9 kilos as a guideline, before being placed in forward facing seats.

Rear Facing Seats Safer
But after reviewing data from injuries due to car crashes over several years that shows that children in rear-facing car seats are more likely to surivive, the American Academy of Pediatrics and U.S. traffic safety officials have teamed up to release new guidelines that recommend toddlers should sit in rear-facing car seats until age two. If a child under the age of two outgrows the weight limits for their infant car seat, they should be moved to a rear-facing convertible car seat and kept in that position until age two.

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March 2nd, 2011

Nova Scotia Motor Cycle Injury Claims – Helmets Reduce Spinal Cord Injuries

by John McKiggan

Nova Scotia has had a mandatory helmet law for motorcycles (and bicycles) for many years. But there are some jurisdictions in the United States (Florida and Texas for example) where motorcycle helmets are not required.

There are “mountains” of studies that prove that helmets reduce the risk of death and brain injury after a motorcycle accident. But opponents to mandatory helmet laws have claimed for some time that helmets increase the risk of spinal injury because of the torsion laced on the neck by a heavy helmet.

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February 18th, 2011

Causation in Nova Scotia Personal Injury Claims – Kremer v. Walker

by John McKiggan

Pre-Existing Injuries

It is rare that a person injured in a car accident, medical malpractice claim, or some other accident doesn’t have some pre-existing health problems or conditions that may – or may not – play a part in the injuries that are the subject of litigation.

What Caused the Injuries?

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January 29th, 2011

McKiggan Appointed to Provincial Insurance Review Committee

by John McKiggan

Nova Scotia’s NDP Government has acted on one of its campaign promises to ensure that the Province’s Insurance Act is updated.

Graham Steele, Minister responsible for the Insurance Act, has announced that former Deputy Minister Ron L’Esperance will chair a committee that will examine six areas relating to automobile insurance and recommend changes:

Section B Benefits

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November 19th, 2010

Elderly Drivers: How old is too old?

by John McKiggan

Last week I posted about how many drivers are not aware of the dangers posed by their car’s rear blind spot. Yesterday I asked under what circumstances a persons driving privileges should be restricted.

Today I want to talk about another driver safety issue that is just starting to come to the public’s attention. But it is an issue that is going to become more important in the near future. I also want to provide some information that may help improve the safety of our roads and highways.

Why Do I Care?

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November 9th, 2010

Blind Spots a Big Danger for Young Children: Child Injury Prevention

by John McKiggan

Everyone who has learned to drive knows that all vehicles have “blind spots” in the back, sides and corners where the vehicles rear view or side view mirrors don’t provide adequate visibility.

Children Injured Every Day

Everyday, young children are injured when they are backed over by a motor vehicle. More than 70% of children injured in “backing up” accidents are hit by a driver who’s related to them, usually their parent.

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Category: Car Accidents