Keeping our Children safe from Injury in Car Accidents

Motor vehicle accidents that put children at risk of injury are a serious concern for Canadian parents.  According to a 2013 Transport Canada report, there were 70 road fatalities that year involving accident victims between the ages of 0 to 14, and another 430 children were severely injured.

Canadians were recently shocked and saddened when a Brampton family suffered the terrible loss of three young children and their grandfather, after their van was struck by a drunk driver. The other two occupants of the car, a grandmother and great-grandmother also sustained serious injuries. The 29 year old male driver of the SUV responsible for the crash faced 18 charges including four counts of impaired driving. Responders at the scene of the accident described it as heart-breaking and one of the most horrific they had seen in decades.

Another terrible car crash near Bathurst, New Brunswick, resulted in the death of seven children. A van carrying a High School basketball team veered into the oncoming lane and collided with a semi-trailer truck. Seven students and the wife of the coach were killed and four others seriously injured.  RCMP released a followup report concluding that the van would not have passed a safety inspection, due to worn tires, extensive rust and faulty brakes. Transport Canada also reported that the driver, the coach, had been on duty for 16 hours when the accident happened, which contravened a law that driving is allowed only when having worked a maximum of 14 consecutive hours.

The Bathurst crash was later attributed to a combination of factors including: the poor condition of the van and lack of proper snow tires; driver fatigue and error; and poor weather conditions (it was slippery and visibility was poor).  Further, six of the seven deceased were not wearing seatbelts (although it was thought that seat belts would likely not have been sufficient to prevent most of these tragic deaths). In the aftermath of this terrible accident, the use of 15 seat passenger vans was halted in most provinces and the guidelines for school transportation policies were overhauled.

There are many circumstances under which children are put at risk of being injured from motor vehicle accidents, and many of these situations result from negligence and driver error.  Parents and other road users who take care, whether in driving children safely to school, going on vacation, driving to work or travelling on the roads for any other reason can certainly reduce the chance of an accident. Similarly, we rely on school crossing guards and student transportation to ensure that our children can travel safely to and from school.  Although accidents involving school busses and school crosswalks are comparatively rare, sometimes the worst happens and children become injured. A disturbing reality is that we all have a limited amount of control over the actions of a careless driver who crashes their vehicle into ours or causes injury to a pedestrian or cyclist.  

A 2015 trial, Saumur v. Antoniak, addressed liability when a nine year old Stoney Creek boy was struck by a car and severly injured while crossing at a school cross walk.  The boy's mother sued the driver and owner of the 'at fault' vehicle, as well as the City of Hamilton because the crossing guard had left her post during her fixed duty time early, on the morning when the accident occurred.   The judge in this case found the City of Hamilton and the car owner/driver each 50 per cent liable for the boy's injuries.  This devastating accident caused a traumatic brain injury that will forever change the life of this young boy and will prevent him from holding down a job in the future.  His family was awarded almost $8 Million in damages, in accordance with his substantial future care costs and loss of earning capactiy.

Despite tougher Ontario traffic regulations, the most common causes of car accidents resulting in serious injury continues to be impaired driving, speeding and distracted driving.  Driver inexperience is also a frequent cause of car accidents because novice drivers are generally less able to respond quickly and effectively to road hazards and unexpected driver behaviours.  This circumstance has resulted in a higher rate of accidents and fatalities for drivers under the age of 25.  A particularly dangerous combination is when a young person speeds, drinks and drives, or fails to pay full attention to the road, due to actions such as talking or texting on their cell phone.

In addition to personally driving cautiously and responsibly, parents can help ensure their children's safety by teaching and advising them of safe practices, both as novice drivers and pedestrians. This can begin early with tips for young children such as: always cross at an intersection or crosswalk, and never run onto the road from behind a parked car or school bus.

The overwhelming majority of motor vehicle accidents are preventable and result from driver error, carelessness or negligence.  Clearly, financial compensation can never undo or truly compensate an accident victim for the pain and impact of a serious or catastrophic injury.  However, a monetary settlement is the only means, under civil law, for awarding damages for injuries resulting from negligence, and the purpose of such awards is to help with the accident victim's recovery and rehabilitation, and also, to offer financial security when the ability to earn an income is dimished or lost. 

If you or a loved one were injured in a motor vehicle accident due to the negligence of another party, you are entitled to file a civil suit for damages and/or make a claim for statutory accident benefits against your insurer.  The skilled lawyers at Injury Lawyers of Ontario, will give you an honest opinion on the strength of your claim and the optimal strategy for receiving owed compensation.  At ILO, we have helped many families who have experienced a serious loss due to injury or death resulting from a motor vehicle accident, and our compassionate staff are here to provide support to your family from the beginning to the end of the settlement process.  Call ILO today to find out about your legal rights.