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Pedestrian Accidents
Hit by a Car as a Pedestrian in Toronto?
If you were hit by a car, truck, bus, bicycle, or another vehicle in Toronto or elsewhere in Ontario, you may be entitled to accident benefits and additional compensation.
A Toronto pedestrian accident lawyer at Kamyab Law can explain your legal options, deal with the insurance companies, and help protect your claim. Free consultations are available, and you pay no legal fees unless we recover compensation for you.
Who Is Liable for a Pedestrian Accident in Ontario?
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 and Tort Claims for Injured Pedestrians
- 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 a Pedestrian Accident Victim 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
Common Injuries Caused by Pedestrian Accidents
Pedestrians have little protection when struck by a motor vehicle, which means even a low-speed collision can cause serious injuries. Common pedestrian accident injuries include:
- Traumatic brain injuries and concussions
- Spinal cord, neck, and back injuries
- Broken bones and fractures
- Soft-tissue injuries
- Internal organ damage
- Facial injuries and scarring
- Psychological trauma, anxiety, and post-traumatic stress
- Catastrophic injuries requiring long-term care
Some injuries may not be immediately apparent after the collision. Seeking prompt medical attention can help protect your health while creating important documentation of your injuries and treatment.
How Kamyab Law Helps Injured Pedestrians
A pedestrian accident claim can involve medical evidence, insurance applications, liability disputes, and negotiations with multiple parties. Kamyab Law can help by:
- Investigating how the collision happened
- Collecting police reports, medical records, witness statements, and other evidence
- Identifying the parties who may be legally responsible
- Assisting with accident benefits and insurance claims
- Documenting the financial and personal impact of your injuries
- Negotiating with insurers on your behalf
- Pursuing additional compensation when another party’s negligence caused the accident
- Representing you in litigation when a fair settlement cannot be reached
Our legal team handles the claims process so that you can focus on your medical treatment and recovery. Contact us for a free consultation to discuss your pedestrian accident and the legal options that may be available to you.
Frequently Asked Questions
It is generally helpful to obtain legal advice as soon as reasonably possible. Evidence can disappear, insurance forms may have deadlines, and the steps taken shortly after the collision can affect the claim.
Depending on the circumstances, a claim may include medical and rehabilitation expenses, income loss, attendant care, pain and suffering, future care requirements, and other accident-related losses.
Compensation may still be available in certain hit-and-run or uninsured-driver cases. These claims can involve an applicable automobile insurance policy or Ontario’s Motor Vehicle Accident Claims Compensation may still be available in certain hit-and-run or uninsured-driver cases. These claims can involve an applicable automobile insurance policy or Ontario’s Motor Vehicle Accident Claims Fund. Eligibility depends on the specific facts, so the available options should be reviewed promptly.Fund. Eligibility depends on the specific facts, so the available options should be reviewed promptly.
An injured pedestrian may be eligible to claim statutory accident benefits following a motor vehicle accident, even though they were not inside a vehicle. The benefits available depend on the circumstances of the accident and the nature of the injuries.
Call 911 when emergency assistance is required, seek medical attention, report the collision, and collect the driver’s information if you can do so safely. Photographs, witness contact information, medical records, and the police collision report may become important evidence in your claim.
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