Distracted Driving Archives - Halifax Personal Injury Lawyer Blog

February 8th, 2019

Understanding Whiplash in Nova Scotia Car Accidents

No matter how severe a car accident may seem in the initial follow-up moments, suffering from whiplash and whiplash associated disorders (WAD) can quickly escalate what appears at first to be a minor incident into a serious medical emergency.

“Whiplash” is the common term for an injury resulting from an abrupt back-and-forth flexing of the neck. This type of neck pain can vary tremendously individually, but in some severe cases the symptoms of whiplash can include things like harsh back pain, neck sprains, muscle spasms, shoulder pain, concussions, neck stiffness, chronic pain and much more.

These very painful and disruptive symptoms can greatly affect a car accident or sports injury victim’s quality of life, overall ability to provide an income for one’s self and family, and can even lead to emotional injuries like depression and social isolation in some extreme cases. No one should ever have to live with this kind of pain and suffering that can result from a whiplash injury — especially when the injury is caused directly by someone else’s negligent actions.

Continue reading →

November 16th, 2018

“Oh No – Is that Snow?!” – Safe Driving Tips for the Winter Season

by Mark Raftus

November 16th marked the first substantial winter snow fall in the Halifax area for the 2018 winter season. I awoke, looked out my front window and sadly noted snow covered streets with heavy, wet snowflakes falling. The radio forecast called for the snow to turn into ice pellets and later into rain. A very greasy day awaited and I suspected the roads would be very slippery.

As I set out for the drive to the office I prepared mentally for the trek ahead reminding myself to drive cautiously, approach intersections a bit slower than normal, pump my brakes if I started to slide and to make sure I looked twice at every car around me before proceeding into an intersection.

I still knew, however, that despite all of my caution it was going to be “the other guy” I had to be mindful of… the guy who would make no mental driving precautions, who would approach every intersection as if the pavement was bare, who would tailgate me and perhaps even try to pass me on a two lane street if he perceived I was driving too slowly.

Continue reading →

October 29th, 2018

Autumn Changes – Advanced Pedestrian Lights and the new Traffic Safety Act

by Mark Raftus

As summer moves into fall, many seasonal changes take place. Children return to school, days are not as warm or long, leaves change color and we prepare for the long winter ahead.

Change is a constant and quite often, is for the good. The positive aspect of change can be seen in recent developments implemented by HRM and the Provincial government aimed at protecting pedestrians and motorists in Nova Scotia.

HRM statistics reveal in the first eight months of 2018 there were 120 vehicle-pedestrian collisions in HRM with 61 percent of them happening in a crosswalk. In an effort to improve safety for these pedestrians, HRM has installed what they refer to as “advanced pedestrian lights” at six high-pedestrian traffic intersections in the City – five in Halifax and one in Dartmouth.
Allowing Pedestrians a Head Start
These new lights came into effect on Thursday, October 11, 2018. How they work is the green pedestrian “walking man” signal comes on for several seconds before the green traffic light changes permitting vehicle traffic to proceed ahead through an intersection or turn. In this way, pedestrians are given a head start to proceed forward into the crosswalk and establish their presence. Vehicle drivers will see the pedestrians more readily and allow them to complete their right-of-way crossing. HRM advises they will monitor this initiative and if it works to reduce collisions HRM will add more of these advanced pedestrian lights at other intersections in the City.

Continue reading →

June 30th, 2016

Let’s help make pedestrians safer on Spring Garden Road in Halifax

by John McKiggan

We have been trying to raise awareness to make Halifax a safer city for our pedestrians. See for example Mark Raftus’ recent article: Protecting Pedestrians with Innovative Ideas

Petition to Lower Speed Limit on Spring Garden

Halifax City Council recently approved a plan to improve streetscaping and lighting along Spring Garden Road to make it more pedestrian friendly. We believe that pedestrians should be able to safely walk the streets of Halifax. However, there were 208 pedestrian accidents last year (2015) and a disproportionate number happened on Spring Garden. There are three intersections on Spring Garden that have averaged 6 pedestrian-car collisions over the last few years. As business owners on this Road, we’ve launching a petition to reduce the speed to 30km per hour, ensuring a safer street for everyone.

Continue reading →

December 2nd, 2015

Halifax has the Worst Drivers in Canada: AllState Insurance Report

by John McKiggan

According to a new report released by Insurance Company AllState Canada looking at communities across the country drivers in Halifax have the highest collision rate in the country. In other words, we have more accidents per capita than any of the communities across the country that were studied.

The AllState Canada safe driving study ranked Spruce Grove Alberta as the safest place to drive in Canada with a collision rate of 3.43% per 100 cars. Halifax ranked dead last in the study with a collision rate of 7.12% per 100 cars.

The representative from AllState insurance, Deanna Lumax speculated that the increase in collisions in Halifax may have been due to the terrible driving conditions we had as a result of our brutal winter last year as well as the increasing use of cell phones and distracted driving.

Continue reading →

November 3rd, 2015

Asking Siri for Directions is not Distracted Driving (in Nova Scotia)

by John McKiggan

Using Voice Activated Navigation Isn’t “Using” a Phone?

In a recent decision Justice Jamie Campbell acquitted Ajirogho Enakeno Ikede of distracted driving. Ikede was holding his iphone and asking Siri for directions when he was pulled over by a police office. Police ticketed Ikede for distracted driving contrary to Section 100 of the Motor Vehicle Act. That section of the act states:
It is an offence for a person to use a hand held cellular telephone or engage in text messaging on any communications device while operating a vehicle on a highway” [emphasis added]
The defendant Ikede had been acquitted by Justice Claudine MacDonald and the Crown appealed. Justice Campbell dismissed the Crown’s appeal and confirmed that Ikede was not guilty of distracted driving. Campbell J. was concerned that the word “use” was not defined in the legislation.

Justice Campbell was of the opinion that using the voice activated GPS function on a phone was not the same as using the cell phone to make a telephone call. Justice Campbell stated at paragraph 4 of his decision:
“Use” does not encompass all interactions with handheld devices that have cellular telephone functionality. When the driver, without looking at the screen of the device, engaged a voice activated navigational system related directly to the safe operation of the vehicle through a handheld electronic communications device, he was not “using” a cellular telephone.”
Voice activated systems are still distracting!

Continue reading →

June 17th, 2015

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

by John McKiggan

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 →

December 19th, 2014

“Holding” a cell phone will get you fined for distracted driving in Nova Scotia: The Queen v. Cullen Edward MacDonald

by John McKiggan

Are you “using” your cell phone if you are just holding it?

That’s the question that was before the Supreme Court of Nova Scotia this week. In a decision released yesterday: The Queen v. Cullen Edward MacDonald, Justice Chipman of the Nova Scotia Supreme Court ruled on Section 100D (1) of the Motor Vehicle Act with respect to you what it means to “use” a handheld cellular telephone.

Texting and driving

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 →

Category: Distracted Driving