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Truck Accident Attorney Commonly Asked Questions: Insights from our Legal Team

Cesar Carranza on October 10, 2024

Driving with Large Commercial Vehicles on Ontario Highways

If you drive on Ontario’s 400-series highways, you’re familiar with the dangers posed by large commercial vehicles like tractor trailers, dump trucks, and buses. These massive vehicles can cause massive life-changing accidents due to their sheer size, weight, and inherent instability. While most commercial drivers are trained professionals, accidents can still happen when:

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Wrongful Death Settlements in Ontario: Seeking Justice and Compensation for Tragic Loss

Gurpreet Farmaha on November 2, 2023

Ontario Wrongful Death, Justice & Compensation

There was a beautiful, warm weekend ahead and Margie was looking forward to enjoying a relaxing couple of days with her family at their cottage. As their road trip was underway, Margie and her son were struck by another vehicle that ran a red light.  While Margie’s injuries were relatively minor, her son was gravely injured. He ended up in a coma for two years before he eventually succumbed to his injuries and passed away.

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What You Need to Know About Long Term Disability in Ontario

Campisi Law on October 18, 2023

Omar was a 25-year-old truck driver. He had just moved into his first home with his wife and new baby, ready to experience his happily ever after with his young family. As a truck driver, Omar was responsible for hauling heavy materials that would often be used in construction and paving. One day at the plant, Omar was instructed to go under his tanker carrying corrosive material and fix a broken line. While underneath his truck, Omar was unknowingly laying in a corrosive material, and he sustained severe burns to 20% of his body. 

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Accident Benefits Update: Shades of Grey between Moderate and Marked Impairment

Campisi Law on September 3, 2020

K.S. andTD Home and Auto Insurance Company (2019 CanLII 22189), a recent decision by the Licence Appeal Tribunal (LAT), considered the fine line for establishing catastrophic impairment (catastrophic) under s.3(2)(f) of the Statutory Accident Benefits Schedule or SABS (prior to June 2016), which deals with Mental and Behavioural Disorders (MBD). The applicant, K.S., was injured on October 28, 2014 while riding his bicycle. He was struck by a passing motorcyclist and flung from his bike, landing on the pavement and splitting his head open. As a result of the accident, K.S. sustained physical injuries to his head, upper body, knees and a fractured neck. He also suffered psychological impairments including poor concentration, irritability, anxiety, stress and depression, as well as uncontrollable and sometimes violent outbursts.

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Accident Benefits Update – Catastrophic Assessment Report Slammed by LAT

Campisi Law on March 20, 2020

The Licence Appeal Tribunal (LAT) recently released P.S. vs. Allstate Insurance (2020 CanLII 87980) a catastrophic impairment claim heard immediately before the COVID measures took effect. In this decision, Adjudicator Hines was required to determine whether P.S., the applicant was entitled to enhanced catastrophic benefits under the Statutory Accident Benefits Schedule (SABS).

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Accident Benefits Newsletter – a Concussion Is (Still) Not a Minor Injury

Campisi Law on March 20, 2020

It is generally acknowledged that the Minor Injury Guideline (MIG) does not extend to traumatic brain Injuries (TBIs), regardless of the degree of initial severity. Any brain injury from mild to severe is equally outside the ambit of the MIG. It is also acknowledged that a concussion and Post-Concussion Syndrome (PCS) qualify as mild TBIs. Despite these acknowledgements however, Accident Benefits insurers continue to fight tooth and nail to keep concussion victims in the MIG.

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The Importance of Choosing the Right Team

Campisi Law on March 9, 2018

In a recent decision of the Licence Appeal Tribunal (LAT), 17-007471 v RBC General Insurance Company (2018 CanLII 83526), the applicant, a pedestrian, was struck by a reversing car in a parking lot.  He suffered whiplash and other injuries, including aggravation of pre-existing shoulder pain.  RBC, his Accident Benefits insurer, determined that his initial injuries fell within the scope of the Minor Injury Guideline (MIG).  As a result, his medical benefits were subject to a cap of $3,500. Once the $3,500 was exhausted, the applicant sought additional treatment including ongoing Chiropractic care and a Psychological Assessment.  RBC denied these treatment plans, claiming that no evidence had been provided that the applicant’s ongoing impairments exceeded the definition of a “minor injury” under the MIG (which include a sprain, strain, whiplash associated disorder, contusion, abrasion, laceration or subluxation and any clinically associated sequelae).  The parties were unable to resolve their dispute which led to a hearing in writing.

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