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Why A Lawyer is Needed After a Motor Vehicle Accident

Jan 18, 2010 More Saving

A motor vehicle accident can be a terrifying experience. However, the problems rarely stop after the accident when a personal injury is suffered. Individuals are faced with not only a wrecked vehicle, but medical bills and loss of income. The best decision that anyone can make when this happens is to get the help of an attorney.

Accidents are an unfortunate fact of life. Many times it is not even the fault of the person that caused the accident, but someone has to be held responsible for what happened. If you were not at fault, the person that was the cause of the accident will have to make amends financially to everyone else in the accident. At times, there is no other recourse but to pursue legal proceedings.

An attorney will help cut through all of the legal issues. Because these types of cases are so involved, it would be a foolish move to try and rectify it on your own. There are so many laws in affect that a lay person would have a hard time getting their hands around all of the facts and trying to present a case all by themselves.

There may also be circumstances that must be addressed. In addition to the vehicle, there may be significant medical bills that were accumulated during the recovery process. Again, the person who is at fault will ultimately be responsible for these costs. Even if you have insurance to cover a motor vehicle injury, there may be things that are not covered or that your insurance company does not want to cover because someone else was the cause of these problems.

Last, but certainly not least, is the loss of income. When people are bad accidents, there is usually a loss of income that is a direct result. Because the accident was responsible for this, that income should be able to be recovered with a legal filing. This is again why an attorney is so important as they are going to know exactly how to include all of these items in the lawsuit.

Many times, cases such as these end up being settled out of court. This is often the best solution for all parties involved as it ends the case much quicker and can usually safe the person who is at fault some money. This is usually good for the secondary party as well as the fees that the attorney gets will often be lower if they can settle the case without actually going to court.

If you don’t already have an attorney, the best way to find one would be by doing a quick Internet search to find out who is in your area. It is always best to use someone that specializes in personal injury as they will be more familiar with how things work locally and can possibly expedite the proceedings.

Nobody ever wants to think about getting into a motor vehicle accident, but when they happen, you need to know how to handle the situation. After the dust settles, someone is going to be held responsible and you can rest assured that they will have legal representation. It may be an ugly part of life, but it is also a reality and a personal injury attorney can make the whole process much easier to deal with.

After a car accident, drivers should consult with their lawyers to determine the possibility of a personal injury claim. They may also be interested in learning more about accident benefits after a motor vehicle injury.

Tags: accident benefits, Accidents, automotive, Car Accident, cars, injuries, Lawyers, More Saving, Motor Vehicle Accident, Motor Vehicle Injury, Personal Injury Claim, Vehicle Accident, vehicles

Traffic Ticket Points Transferability between Canada and the United States

Jul 15, 2009 More Saving

When Canadians travel in their vehicles throughout the United States, they have to be aware of what happens if they receive a traffic violation ticket. Many people think that if they receive a traffic ticket, it will not affect their driving record in Canada. If you are cited for a traffic violation in the US, there will be consequences in Canada.

Canadian drivers use to drive throughout the US and not worry about receiving a traffic ticket. If they did, they would just ignore it because there were not any consequences. Now, US State Governments and Provincial Governments share information about drivers and their traffic violations when there is a reciprocal agreement between the Province, Territory, and State.

The agreement among Provinces and Territories known as The Canadian Driver License Compact was put into operation in 1990. All provinces participating in the agreement agreed to exchange traffic offence information. Each province and territory agreed that traffic violations committed by a driver would result in demerit points given to the drivers license of the drivers home province. Each province and territory agreed to transfer the drivers license information if that driver was driving in another province or territory. Over the years, articles have been attached to the Canadian Driver License Compact. One important article as it relates to the US states:

“Appendix 2: If a driver of a motor vehicle is convicted, pursuant to Section 249 (1) of the Canadian Criminal Code, that information is shared with the other Provinces, Territories and specific U.S. State”

Many states have agreements with Canadian provinces regarding the transfer of demerit points for traffic violations received in the United States. For instance, in Ontario:

“Section 40 (1) of the Highway Traffic Act allows the Minister of Transportation to enter into a reciprocal agreement with the government of any state of the United States providing for the sanctioning by the licensing jurisdiction of drivers from that jurisdiction who commit offences in the other jurisdiction.”

If, for example, a driver from Ontario receives a traffic ticket in a state where points would normally be assessed in Ontario and that state has an agreement signed with the Province of Ontario, points will be assessed against the Ontario license. Most states have such agreements with most Canadian provinces

In Quebec, the SAAQ states “that an equivalent traffic offense committed in another province or in an American state with which Qubec has a reciprocal agreement results in demerit points as if the offence occurred in Qubec.” Quebec has reciprocal agreements with such states as New York and Maine.

Demerit points placed on a drivers record stay there for two years after the date of conviction. The more demerit points that you have, the higher you insurance premiums will increase. There is no notice sent out when demerit points are taken off a persons drivers record.

Driving through the United States is a beautiful and fun experience. For Canadians, it is important for drivers to obey all traffic laws to avoid demerit points from being applied to their drivers license.

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Careless Driving Law in Ontario

Jul 14, 2009 More Saving

In Ontario, careless driving laws involve strict and serious enforcement. Although a common offence, careless driving infractions can have serious consequences if a driver is convicted of a particular offence. It is important to be aware of the ramifications if you are convicted of a careless driving violation.

Careless Driving as outlined in the Highway Traffic Act (HTA) states:

“130. Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway and on conviction is liable to a fine of not less than $200 and not more than $1,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her license or permit may be suspended for a period of not more than two years. R.S.O. 1990, c. H.8, s. 130.”

Penalties in Ontario can include “6 Demerit Points, fine not less than $200 and not more than $1000, imprisonment for a period of not more than 6 months. The Drivers license may also be suspended for a period of up to 2 years.” If a driver accrues 15 demerit points, the drivers license will be suspended.

The types of careless driving charges that a driver can receive are careless driving without a fine and careless driving with a fine.

1. Careless Driving with a fine printed on the ticket will result in 6 demerit points applied to a drivers license and a minimum fine of $325. If you receive this fine, you have the option to plead guilty, plead guilty with a reason, or plead not guilty. Six demerit points will be applied to a drivers record when pleading guilty. This will result in an increase in auto insurance premiums. One could end up paying hundreds of dollars or even thousands of dollars a year because the insurance company will consider them a high risk driver. The company may also cancel the drivers insurance policy, even if a driver has just one careless driving offence. Insurance companies have access to your driving record for the past three years, as well as the past six years for claims.

2. A Careless driving ticket without a fine attached is a summons to go to court to answer to the charges. Convictions can result in fines of up to $1000.00, jail time of up to 6 months, or a suspension of a drivers license of up to two years.

It is a serious matter when one is convicted of a careless driving offence. It can raise your insurance costs, result in a drivers license suspension, and even result in jail time. It is important to be aware of the consequences before you drive. If you do receive a careless driving ticket, you should consult with criminal lawyer Toronto so that you will know what your best options are to resolve the problem. A professional such as an attorney will be able to let you know if you should fight the charge. To avoid dealing with a careless driving charge, practice safe and careful driving techniques.

Careless driving is one of the most serious charges under the Highway Traffic Act of Ontario. Make sure you take great care when you are on the road.

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