The Canada-United States border is the longest international border in the world with more than 100 land crossings spanning almost 9,000 kilometres.
Global Affairs Canada reports that an estimated 400,000 people cross the Canada-U.S. border each day. In Ontario, there are 14 road crossings with the Ambassador Bridge reporting the most traffic, carrying more than 10,000 commercial vehicles on a typical weekday.
More than 20 million Canadian tourists travel to the U.S. each year, spending about $19 billion in tourism dollars, according to Statistics Canada. That includes the estimated one million snowbirds who make their annual pilgrimage to warmer climates in the winter.
The U.S. has a virtually unlimited number of travel destinations appealing to tourists seeking fun in the sun, an adventure in the snow or a visit to an urban metropolis. There are also those who take day trips to shop or who attend a concert or sporting event.
If you are crossing into the U.S., either for business or pleasure, the thought of an accident is probably the last thing on your mind. While most travellers return home without incident, the sad truth is that many people are hurt or killed while on vacation.
Traffic Accidents Are a Leading Cause of Death/Injury.
Cars are a popular form of transportation for any outing, whether a day trip or a two-week vacation. They are comfortable, convenient and relatively inexpensive. However, road traffic accidents are one of the leading causes of injury and death worldwide. Forbes found that there were more than 5.2 million collisions on American roadways alone in 2020.
The World Health Organization states that there were 1.35 million road traffic deaths globally in 2016, "with millions more sustaining serious injuries and living with long-term adverse health consequences."
"Globally, road traffic crashes are a leading cause of death among young people, and the main cause of death among those aged 15-29 years", WHO reports. "Road traffic injuries are currently estimated to be the eighth leading cause of death across all age groups globally, and are predicted to become the seventh leading cause of death by 2030."
Motorists in Ontario are required by Ontario insurance laws to carry a minimum of $200,000 of liability coverage. But did you know that there is no equivalent mandatory minimum insurance requirement in most of the U.S.? In fact, one in seven U.S. drivers - or 14 percent - operated a private-passenger vehicle without liability insurance in 2022, the Insurance Research Council reports.
Many Hazards Face Travellers.
Being hurt while driving or as a passenger in a vehicle is not the only concern for those crossing the border into the U.S. Every year, pedestrians and cyclists also suffer injuries that can be life-altering through no fault of their own.
Distracted drivers or those who operate a car while under the influence of drugs or alcohol are a leading cause of death or injury. Many injuries also occur when people drive in poor weather conditions or in unfamiliar areas.
Slip-and-fall accidents are a common occurrence and can easily disrupt a vacation. Everyone stumbles from time to time, but the injuries that result from slip-and-falls could require months of rehabilitation. Common hazards may include icy sidewalks and missing or broken handrails on stairs. Other perils to watch out for include:
- inadequate lighting;
- oily or slippery surfaces such as wet floors;
- broken or loose flooring or torn carpet;
- potholes, uneven pavement or steps, surface cracks/gaps in sidewalks or pathways;
- lack of caution or warning signs; and
- slippery debris on pathways such as wet leaves.
People are routinely injured while enjoying their vacation, experiencing near drownings while swimming or boating, or spinal injuries from diving. Some will suffer lacerations or broken bones while playing sports or enjoying recreational activities such as hiking or cycling. Unsanitary conditions at a resort or hotel can also lead to illness.
Injury and death can result from faulty or poorly maintained rides at amusement parks. Products that are badly designed, poorly tested or improperly used can result in any number of injuries.
Travellers can also fall victim to the violent behaviour of others. Assault, including sexual assault, physical assault, or emotional or psychological abuse, can result in injuries that may remain with a person for the rest of their life.
Have a Plan While Travelling.
Accidents are a fact of life and no matter how safe or prepared you are, risks remain. Knowing where you are going and how to get there is a good start. This might simply involve planning your route and avoiding potential hazards.
Do you know the rules of the road for the area you are visiting? Have you checked weather reports and traffic advisories? Are you planning a long road trip? If so, you should plan to change drivers at regular intervals and take rest breaks. Carrying a first aid kit in your car is also a good idea.
If you are renting a car while on vacation, take the time to familiarize yourself with the vehicle. If you are engaging in a new recreational activity, pay close attention to any instructions and warnings and check the equipment you will be using in advance.
If you are walking in a new city or hiking in unfamiliar territory, take a friend or family member with you. If you are going out alone, let someone know where you are headed and for how long you will be gone. Be careful when walking in heavily trafficked areas at dusk when visibility might be impaired by the setting sun. Carry a cell phone for any emergencies.
Check Your Insurance Coverage.
Although you may not be able to avoid an accident, you can help minimize the impact of a serious injury by having the proper insurance coverage.
If you are driving with valid Ontario automobile insurance coverage, you will have similar protection if you get into an accident in the U.S. as you would in Ontario. It does not matter who was at fault or if the driver who caused the accident is under-insured or has no coverage at all.
If you are involved in a collision with an at-fault underinsured driver in Ontario and your damages exceed that driver's coverage, you are entitled to make a claim against your insurance provider under your third-party liability limits to make up the difference. That applies if the accident occurs in the U.S. as well.
However, it should be noted that your automobile insurance may be subject to coverage exclusions and it is your responsibility to find out what they are. Otherwise, you could end up without access to certain coverages after an accident. It is prudent to speak with your broker about these exclusions before visiting another country to ensure you have adequate coverage.
Medical care in the U.S. can be extremely expensive, so it is important to also consider additional healthcare insurance coverage when traveling, even for a short trip. Travel insurance is reasonably affordable and is worth the cost for the peace of mind that it can offer.
What Happens After an Accident?
You may be able to make an insurance claim against the negligent party after an accident. Depending on the nature of your injury and the insurance coverage available, you may be entitled to emergency medical benefits, medical and rehabilitation benefits, income replacement, replacement of lost personal items, refunds of unused travel-related purchases, death and funeral benefits along with survivor benefits.
There are instances where an insurance claim is denied or the benefits offered are considerably less than what the claimant expected or needs. In those cases, it is in your best interest to seek legal advice from a personal injury lawyer who can help you file a claim against the insurer.
You may also be able to file a lawsuit seeking compensation from those who are responsible for your injury. This could cover damages for medical expenses, past and future lost income, and damages such as for pain, suffering and loss of enjoyment of life.
There are typically time limits on making a claim or statutes that limit your ability to even make a claim. That is why it is vital to contact a personal injury lawyer as quickly as possible after an accident to ensure that you preserve your rights.
You Need Experienced Personal Injury Representation.
If you have been injured while visiting the U.S., you may be entitled to compensation. The cross-border accident lawyers at Gluckstein Lawyers can explain your options so before agreeing to any insurance settlement, contact us.
We will review the specifics of your case to determine which jurisdiction is likely to give you the maximum remuneration. Remember, time is of the essence. Call us today for a free consultation. The first meeting is without obligation on your part and we do not charge you legal fees until your claim is settled.