Personal Injury Law
Pedestrian Accident Lawyer
Personal Injury Law
Pedestrian Accident Lawyer
Generally speaking, the drivers and passengers in vehicles are travelling under a certain degree of safety and protection offered by various features like seatbelts and airbags. And motorcycle riders are mandated by law to wear safety gear, such as helmets while riding. Pedestrians, however, are always the most vulnerable to catastrophic or fatal injuries in any collisions or accidents. If you are a survivor of such an accident, you might need the assistance of a pedestrian accident lawyer to help you win the personal injury claim and get reimbursed for your medical expenses and lost wages.
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What is the legal definition of a pedestrian?
A pedestrian is anyone travelling on foot or using an assistive mobility device, such as a regular or motorized wheelchair or anyone pushing a cart, stroller, or skateboard. There will beslight variationson this across the provinces and territories. In Ontario, for example, the Highway Traffic Act (HTA) provides the legal definition and mentions the rights and obligations towards pedestrians on the road. This includes the obligations of the driver to yield the right of way to the pedestrians whenever required and of the municipality to make provisions for pedestrian crossings and crosswalks.
What is contributory negligence in pedestrian accident cases?
Contributory negligence in a personal injury claim refers to a situationwhere multiple parties have contributed to the negligence that caused the accident. In such cases, the court will have to decide the proportion of the contributory negligence attributable to each party and rule on their liability accordingly. For example, in a case where the driver of the vehicle because of his over-speeding, the municipality responsible for the poor condition of the road, and the pedestrianpartially liable for ignoring the traffic signal have all contributed to the accident, the court will divide the liability for the compensation among the parties as per the guidelines.
What are some common examples of contributory negligence?
Some of the common examples of contributory negligence in pedestrian accidents are the following:
- Poor visibility: For example, if the pedestrian was dressed in all black clothing during the night while crossing the road, this will be seen as, at least, partially contributing to the accident.
- Crossing the road while distracted: Pedestrians using their mobile phones while crossing the road have become more and more common these days. If this is the case, they will be held partially responsible for their injuries.
- Sudden and unexpected movement towards the road: For example, in some cases, CCTV footage has confirmed that the pedestrian emerged suddenly from behind a parked vehicle to the middle of the road, surprising the driver of the oncoming vehicle. Here too, the pedestrian might be held partially responsible for the accident.
- Walking under the influence of alcohol or drugs: If the pedestrian had stumbled onto the middle of the road under the influence of drugs or alcohol, they would be deemed partially liable for their injuries.
- Crossing the street, ignoring the rules and traffic signals: Pedestrians, in a hurry, often ignore the rules and traffic signals, leading to collisions. If the CCTV footage confirms this, this will be considered contributory negligence.
How can a pedestrian accident lawyer help you?
While it is possible for you to proceed with the personal injury claim without the assistance of a lawyer, it is prudent to get the legal guidance of an experienced pedestrian accident lawyer, especially if you are partially to blame for causing the accident. A personal injury lawyer can help you with the following:
Investigating and building the case:
If you do not have enough evidence to support your claim, it will be difficult to prove negligence in a personal injury case. Your pedestrian accident lawyer can help you in building the case and proving the liability of the defendant by collecting witness statements, expert testimonies, CCTV footage, hospital records and police reports.
Negotiating the settlement:
In most cases, the insurance providers, through their lawyers, will settle the case through negotiations. Let your personal injury lawyer handle these negotiations to ensure that you are getting the full compensation entitled to you as per the policy coverage.
Legal representation:
If the matter is not resolved through negotiations, it will be necessary to initiate legal proceedings. You will need an experienced personal injury lawyer to argue your case in court and ensure that you receive the maximum compensation entitled to you under the law.
Frequently Asked Questions
In such cases, you may claim the compensation from your insurance provider under your policy coverage. Even if you are not insured, you will get some relief from the provincial funds set up for such hit-and-run or uninsured accident cases.
Canadian law follows the principle of contributory negligence in personal injury claims. This means that your compensation amount will be reduced in proportion to your contribution to the cause of the accident. If it was determined by the court that you contributed 40% to the cause of the accident, you will only receive 60% of the compensation amount.
There might be some slight variations in the statute of limitations from province to province. However, generally speaking, you are required to file your claim within two years of the accident. But if you are planning to file a claim against the municipality, then you need to notify them within 10 days.
This will vary from case to case, but generally speaking, you will be entitled to the following types of compensation:
- Medical expenses: Compensation for hospital treatment, rehabilitation, prescribed medicines, and future medical expenses, including attendant care.
- Lost wages and loss of earning capacity: Compensation for the wages you lost during your recovery, and if your injuries have permanently reduced your earning potential, you will be compensated for that as well.
- Pain and suffering: Compensation for the emotional trauma and distress you suffered throughout this period.
- Home maintenance and housekeeping expenses: You can also claim compensation for the expense of hiring people for various household chores and maintenance work you were able to do on your own before the injury.
- Out-of-pocket expenses: Compensation for any other additional expenses you incurred because of the accident and injuries incurred.
How We Can Help
If you are planning to file a pedestrian accident claim, get in touch with our legal team today for a consultation. Our experienced personal injury lawyers will ensure that your rights are protected and that you receive a compensation amount that is just and fair.