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Category Archives: truck lawyer Ottawa

Injured in an accident as a pedestrian – know your rights!

Injured as a pedestrian in a car accident in Ottawa or in Ontario? Did you know that pedestrians are presumed not at fault in pedestrian-car accidents? Motor vehicle drivers have a duty to drive diligently. When two vehicles collide, the plaintiff often has the duty to prove the defendant driver was driving negligently to prove his case; in other words, the plaintiff has the onus of proving his case. However, if a motor vehicle hits a pedestrian, the driver must prove he was not driving negligently; a driver is presumed negligent until he proves otherwise. This shift in the onus of proof is codified in section 193(1) of the Highway Traffic Act, RSO 1990, c H.8 and it applies to all highways. In a case of pedestrian versus …

Can the insurance company use my Fitbit data? Ottawa insurance lawyers provide guidance.

Wearable fitness trackers are all the rage. They measure your heart rate, sleep, eating habits, and more. They follow you on your wrist wherever you go. And insurance companies and law firms are keenly aware of this. FuelBand, Fitbit, Jawbone and other such exercise gadgets store personalized data about their wearers, so that it may afterwards be analyzed. While intended for a user’s own benefit, this gold mine of information is presently being used in a personal injury case in Calgary, Alberta. While it is a Canadian case, the implications of it are gathering international attention.. It could be the first time objective evidence is available to quantify an injured party’s loss, instead of the traditional way of gathering medical evidence (i.e., booking a medical appointment and self-reporting …