Newfoundland Injury Law Blog

An auto accident simulation at Mile One Centre shows the impact of car crashes on innocent victims. Know your rights, get Ches Crosbie's book Seven Deadly Sins.

Labels: auto accident drunk driving impaired driving injuries

2/24/2011
Chesley F. Crosbie, Q.C.
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Two Ways To Lose Your Auto Accident Case

Labels: accident and injury auto accident whiplash injury

2/14/2011
Chesley F. Crosbie, Q.C.
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Drunk Driver Hit and Run Occurs as Mounties Release Accident Statistics

The RCMP last week released information for 2010, showing a further decline in the rate of fatalities and serious injuries on Newfoundland roads. The number of accidents involving fatalities and serious injuries (meaning injuries which resulted in admission as an inpatient to hospital) fell to 102 last year, although the number of fatalities was constant. The police said that two main factors explain the stubborn fatality rate: the unwillingness of some people to wear seatbelts and, you guessed it, drinking and driving.

As if to emphasize the point, there was a horrible collision in St. John's last Wednesday in which two women, aged 22 and 24, were run down as pedestrians by a grey pickup truck. One of the women was dragged from Topsail Road just west of Forbes Street, to the Columbus Drive intersection. The driver of the pickup continued west on Topsail Road to the Hamlyn Road intersection, where he slammed into four other cars.

One Leo Jerome Power, 48, was arrested at the scene. He has been charged with various counts of impaired driving, and hit and run. None of the charges have yet been proved in court.

Our heartfelt sympathies go out to the two injured women and their families. The name of the 22 year old woman who was dragged by the truck and left in critical condition was released today. She is a 22 year old native of St. Andrews, NB, Christine Wells. Her parents Clayton and Nancy Wells are in Newfoundland to be with their daughter during her crisis. Mr. Wells was interviewed on CBC Radio this morning and explained that his daughter Christine may be in hospital for months to come, but her 24 year old friend may be discharged from hospital today. They were both originally admitted to hospital in critical, but stable condition.

I suppose these tragic "statistics" on serious injury (thankfully, not fatality) will not show up in the RCMP accident statistics, because they happened under Royal Newfoundland Constabulary jurisdiction. But nothing could more pointedly highlight the argument of the RCMP, that drinking and driving remains a major - and unnecessary - source of serious accidental injury and death on our roadways.

Labels: accident statistics fatal accident impaired driving serious injury

11/29/2010
Chesley F. Crosbie, Q.C.
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Danny Williams said "No" to No-Fault Auto: Another Reason for Newfound Pride

A consistent theme has emerged from the commentary provoked by Premier Danny Williams' surprise resignation last week: he re-instilled pride in Newfoundlanders as equals in Confederation, a sense of independence, and optimism that we can create a bright and self-reliant future for ourselves.

One unique achievement of the Williams premiership does not get mention in the retrospectives. He resisted pressure from the auto insurance industry to bring in no-fault auto insurance. In the 2002-2004 period the governments of Alberta, New Brunswick, Nova Scotia and Prince Edward Island caved in to insurance industry propaganda and adopted threshold no-fault auto insurance. But not our Danny.

Threshold no-fault excludes large numbers of accident and injury victims from compensation for pain and suffering on the theory that reduced costs are passed on to consumers by lower premiums - a "rights for rates" trade-off.

The truth is, it doesn't happen. The insurance companies take any savings for themselves. Newfoundland and Labrador (along with British Columbia) has a vigorous fault-based auto accident compensation system, and our insurance rates are about the lowest in the country. The new government in Nova Scotia has recently announced that it is moving away from its no-fault auto scheme in a significant way.

Danny resisted the pressure for insurance companies to sacrifice the rights of victims, in part because he had been a plaintiff-side personal injury lawyer himself, and understood how the insurance industry works. He was less easily bamboozled than other politicians. But a determined campaign by the Coalition Against No-Fault, led by Kevin Breen, countered insurance industry propaganda, and Newfoundland public opinion was not impressed by it. The Atlantic Provinces Trial Lawyers Association, of which I was president, was a member of the Coalition.

Danny was an astute enough politician - and had enough guts - to take a calculated risk that public opinion was with him if he said "no" to no-fault, and he did.

Alone among premiers at the time, Danny Williams said "no" to no-fault. There are many reasons for Newfoundlanders' newfound pride in our independence and willingness to stand up to others for our rights, and this deserves to be one of them.

Labels: accident and injury damages insurance personal injury claims personal injury compensation claim personal injury lawsuit personal injury lawsuit settlement

9/30/2010
Chesley F. Crosbie, Q.C.
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29 Quick Tips for Handling Your Own Newfoundland and Labrador Personal Injury Car Accident Settlement - Tip #29

29. If you don't like what the insurance company for the bad guy offers you, call us...we'll tell you whether it's actually a good offer or not. But...don't wait too long. We don't accept "stale" cases.

**This isn't legal advice. It's just fun information. In fact, trying to actually handle a case on your own is something like trying to take out your own appendix, or doing a root canal. It's possible, we suppose, but that's not what MOST sane people do. Obviously we can't put three years of law school and many years of experience on one little piece of paper, so take the above for what it's worth. We offer free books, and a ton of information throughout this website. Have a look aroundt-but ... don't wait too long. Believe it or not, there are actually time limits on when you can begin your claim. Each case is different, so we can't list them here, but you get the drift.

Labels: Newfoundland and Labrador personal injury car accident settlement

9/29/2010
Chesley F. Crosbie, Q.C.
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29 Quick Tips for Handling Your Own Newfoundland and Labrador Personal Injury Car Accident Settlement - Tip #28

28. If the insurance company responds to your demand, and you like what they are offering, take it...but FIRST read the general release of liability that they sent you to make sure you are not waiving important rights. And make sure your insurer can't accuse you of prejudicing their rights of recovery from the bad guy's insurer and sue you for it.

Tune in next day for the last "quick tip".

Labels: Newfoundland and Labrador personal injury car accident settlement

9/28/2010
Chesley F. Crosbie, Q.C.
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29 Quick Tips for Handling Your Own Newfoundland and Labrador Personal Injury Car Accident Settlement - Tip #27

27. Make an appropriate demand on the insurance company for the bad guy...one that's not so "wacky" that they just ignore you completely.