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 …
Being followed by a private eye because you were injured in an Ottawa accident? Ottawa accident and injury lawyer discusses your rights.
Is an insurer entitled to have you followed and under surveillance? Yes. Defendant insurance companies often order surveillance on plaintiffs. The goal is simple: the insurance company wishes to see what activities you can and cannot do in your day-to-day life. If private investigators conduct surveillance and see you limit your activities based on a debilitating injury, there is no cause for alarm. However, private investigators seeing you more flexible, or more active than you reported to your insurer, could lead to problems. Consider this hypothetical scenario: David was in a motor vehicle accident and suffered whiplash. He claims his neck, shoulders, and lower back were in constant pain. However, footage from a surveillance video shows him painting his garage door from top to bottom, carrying a 5-gallon …