A recent multi vehicle accident north of Toronto is a tragic reminder of all that can go wrong when people get behind the wheel while impaired.
The three-car crash occurred in Vaughn when the 29-year old driver of a car failed to stop at an intersection and collided directly into the side of a van carrying a 65-year old man and his three young grandchildren. All four were killed on the scene. Another two women were in the van and they were injured when it was hit by another car while it remained in the intersection. The parties in the third vehicle were unharmed.
Four dead, including three young children, two with serious but non-life threatening injuries – and one driver charged with impaired driving. That’s a heavy toll for one accident.
Understandably, even the EMS personnel were traumatized and received support.
The Right to Sue an At Fault Driver
Under Ontario’s no-fault auto insurance legislation, the right to sue only comes up if, according to the definition, a victim has suffered a “permanent serious impairment of an important physical, mental or psychological function”. Certainly, an accident like the one in Vaughn seems a case in point, depending on the injuries of the survivors and whether the driver is convicted of DUI or not.
However the law further restricts that right monetarily with a deductible on smaller claims – bearing in mind that the claims are paid by the at-fault driver’s insurance company. Just last month, a regulation was issued that increases the deductible that applies when you sue the at-fault party of a motor vehicle accident. Prior to the changes, awards of $100,000 or less were reduced by $30,000. That deductible is now increased to $36,540 on claims of $121,799 with inflationary increases to both parameters every January 1 beginning in 2016.
We’re in Your Corner
If you or a loved one has suffered injuries as the result of a motor vehicle accident, you need expert help in your corner. That’s where we come in. At Petrillo Law, we will make sure that you get the maximum benefit that you are entitled to, including an appropriate award if your case should involve serious injury as a result of the actions of an at-fault driver.
If you’ve been in a car accident let our experienced motor vehicle accident lawyers help you sort through the issues at a difficult time and make sure your interests are protected.
Call us (905) 949-9433 for a free consultation with an experienced motor vehicle accident lawyer. We look forward to hearing from you.