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Pedestrian Accidents
Hit by a Car as a Pedestrian? You May Be Entitled to Compensation
Pedestrian accidents are among the most serious types of motor vehicle collisions. Unlike drivers, pedestrians have no physical protection, which often leads to severe injuries and long-term consequences.
If you were hit by a vehicle in Toronto, you may also need a car accident lawyer. Even if you are unsure who was at fault, you still have legal options.
At Kamyab Law, we help injured pedestrians understand their rights and pursue the compensation they deserve.
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Who Is at Fault in a Pedestrian Accident?
The majority of pedestrian accidents occur in crosswalks and are often caused by distracted or negligent drivers. In most cases, pedestrians have the right of way, and drivers have a higher duty of care.
However, fault is not always straightforward. If a pedestrian violates traffic signals or crosses outside designated areas, liability may be shared.
Determining fault is critical in building a strong case, and our legal team carefully reviews every detail to protect your rights.
Accident Benefits vs Tort Claims
- 1. Accident Benefits (No-Fault Insurance): You can receive compensation regardless of who caused the accident. This is typically covered by your own insurance policy. If you don’t have insurance, you may still be covered through the driver’s insurance or the Motor Vehicle Accident Claims Fund.
- 2. Tort Claim (Lawsuit Against the Driver): This claim is filed against the at-fault driver. In pedestrian accident cases, the burden of proof is often more favorable to the injured pedestrian, making it easier to establish negligence.
What to Do After a Pedestrian Accident
If you are involved in a pedestrian accident, taking the right steps can protect your health and your legal claim:
- Call emergency services immediately
- Seek medical attention, even if injuries seem minor
- Document the scene and gather witness information
- Avoid discussing fault with the driver
- Contact a personal injury lawyer as soon as possible
What Compensation Can You Claim?
Depending on the severity of your injuries, you may be eligible for compensation that includes:
- Loss of past and future income
- Pain and suffering
- Medical and rehabilitation expenses
- Housekeeping and home maintenance
- Loss of enjoyment of life
- Loss of competitive advantage in the workplace
The first way is through Accident Benefits, or “no fault” accident benefits. In most cases, this compensation will come from your own car insurance. However, if you do not drive or do not own auto insurance, you are able to make a claim to the car insurance company of the vehicle that caused the injury. If the vehicle that caused the injury does not stop to provide their insurance, or if the driver of the vehicle cannot be identified, you may claim compensation from the Motor Vehicle Accident Claims Fund. The second way to claim compensation is through a Tort claim. This claim will be brought against the negligent driver and will be paid out by their insurance company. In tort claims, it must be proven that the driver was negligent. A claim in tort will also be easier to prove if the injured party is a pedestrian because the motor vehicle driver will be required to prove that they were not driving negligently. Normally, the injured party is required to prove that the driver was negligent, not the other way around. This is simply extra protection for vulnerable pedestrians. Both of these claims can be made in the event of a motor vehicle accident involving a pedestrian. Depending on your circumstances and the severity of the injuries, you could receive compensation for the following: Loss of past and future income Pain and suffering Housekeeping ability Loss of enjoyment of life Loss of competitive advantage in the workplace
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