PEDESTRIAN ACCIDENTS
By Zayouna Law Firm
What is a pedestrian accident claim?
Roads were built for sharing: drivers, cyclists, passengers, and pedestrians should be able to travel safely. This is contingent on obeying traffic signals and paying attention to road conditions.
Unlike drivers, pedestrians do not travel with the protection of a seatbelt, airbag, and fast speeds to dodge road hazards. No pedestrian should have to pay the price of another road user’s negligence or recklessness.
Why You Need a Lawyer After a Pedestrian Accident
Pedestrians are the most vulnerable road users.
Pedestrian accidents often result in the most catastrophic effects, such as severe injuries, lasting impairment, and even death. These are devastating to both victims and their families whose lives are drastically changed. From medical and rehabilitation expenses, to lost income, and lasting emotional trauma, the burden can leave victims feeling hopeless and lost.
Pedestrian Accident Damages
Against At-Fault Drivers
A pedestrian accident lawyer helps victims recoup compensation from at-fault drivers for their catastrophic injuries and aid in recovery.
We recognize that no amount of money can ever measure the full extent of a pedestrian accident. Our aim is that with a successful claim, victims and families can be compensated for their immense physical, emotional, and financial losses.
Against Insurance Companies
Filing a claim helps victims navigate the complexities of insurance benefits. While insurers pay out accident benefits to affected parties, they are known to dispute, delay, and even deny valid claims.
Many insurers also attempt to classify injuries as minor, despite their catastrophic nature, which lowers medical and rehabilitation benefits, and makes victims ineligible for attendant care. Seeking legal action empowers victims to claim the full extent of damages under the law and help ensure recovery.
Who can file a pedestrian accident claim?
Pedestrian accidents are a criminal offence. Time served for catastrophic injuries or loss of life alone is not enough to restore a victim’s quality of life, much less recover and cope with the long-term physical, emotional, and financial burden caused by a negligent or reckless driver.
Causes and Consequences of Pedestrian Accidents
Here are the most common scenarios of pedestrian accidents that need an experienced pedestrian accident lawyer:
- Drivers ignoring street signs and traffic signals
- Drivers who drink or are high and drive
- Distracted drivers who are texting, on the phone, or take their eyes off the road, missing pedestrians crossing the street or walking in a parking lot
- Speeding drivers
- Cars spinning out of control and pushing other vehicles onto sidewalks, crosswalks, or bicycle lanes
- Dark or poorly lit roadways where pedestrians tend to jog, cross the street, or tend to broken-down vehicles and other emergencies
- Pedestrians who are not where they should be, such as crossing the street outside of a lawfully marked crosswalk, and drivers failing to avoid them even when it was possible to maneuver their vehicle away.
A car hurtling towards pedestrians can cause these life-threatening and outright deadly consequences:
- Death
- Multiple fractures
- Traumatic brain injury
- Spinal cord injury and paralysis
- Facial injuries and scarring
- Amputation
- Torn ligaments.
Compensation for Pedestrian Accidents
A pedestrian accident claim allows you to seek compensation for the lifelong impact of a pedestrian accident, such as rehabilitation and attendant care expenses, lost wages and earning capacity, and severe emotional impact. You should not have to pay for other road users negligence, recklessness, or callousness.
Frequently Asked Questions About Pedestrian Accident Lawyers
How long do I have to file a pedestrian accident claim?
Ontario laws require you to notify your or the at-fault driver’s insurance company within one week of the accident. Within 30 days, you must file an Application for Accident Benefits. You have two years to file a lawsuit against the at-fault driver.
Do I need to file a police report for a pedestrian accident?
Hitting a pedestrian and failing to stop at the accident scene is a criminal violation in Ontario. It is advisable to call the police and fill out an accident or police report. Upon arriving on the scene, the police will interview everyone involved in the accident and note both property damage and witness contact information.
In case of severe injuries, you or your family members can file a police report ideally within 24 hours. Note that an accident or police report may also be required to claim insurance benefits.
Will I need to provide a witness in my pedestrian accident claim?
It is always a good idea to have a witness who can attest to the accident and support your claim. Make sure to have their basic contact information and, if possible, ask them to remain at the scene to provide information to the police.
In Ontario, there is a presumption that a driver is negligent and therefore at fault, reducing the need for witnesses. However, having one is still beneficial in resolving factual disputes if an at-fault driver refutes your claim.
Can I claim Statutory Accident Benefits (SABS) as a pedestrian?
If you carry auto insurance, you can also claim accident benefits from your insurance provider. You can only claim benefits from the at-fault driver’s policy if you do not own an insured vehicle. Under your insurance policy, you are entitled to benefits for medical and rehabilitation expenses, attendant care, and lost wages and earning capacity.
What happens if the driver who hit me is uninsured?
Although auto insurance is mandatory, many drivers in Ontario remain uninsured. In this case, you can file a claim with the Motor Vehicle Accident Claims Fund. You can also do the same if the at-fault driver is unidentified, as in hit-and-run accidents.