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Toronto Pedestrian Accident Lawyer
Motor vehicle collisions that involve a pedestrian often have catastrophic consequences. If you have been injured in an auto accident while you were on foot, contact a pedestrian accident lawyer in Toronto to discuss compensation for your damages and losses.
When you were crossing the street in a crosswalk—or even while walking along a sidewalk—you more than likely weren’t planning on getting hit by a car. The damages caused by such an accident are usually traumatic. It is important to determine who and what is responsible for your suffering.
A Toronto pedestrian accident lawyer can investigate the driver’s liability in your case and examine the full effect that the crash has had on your life. At Blackacre Law, PC, we will stop at nothing to get you the full compensation you need to recover.
The Fault of the Driver
Pedestrians don’t have the protections that a person driving a motor vehicle does. This is why the individual that is walking will usually have major injuries while the driver will walk away unscathed.
In these types of wrecks, the driver of the vehicle that hit you was likely negligent in some way. The most common cause of pedestrian accidents is distracted driving. If the driver was paying attention to his or her cell phone, reaching for something across the passenger seat, or otherwise not paying attention to the road, that individual is absolutely responsible for the crash.
Another common cause of cars hitting people on foot is the driver not yielding to the pedestrian’s right-of-way in a crosswalk. Many drivers assume that pedestrians must wait for a car to pass before crossing the street at a crosswalk when that actually isn’t the case.
Drivers are legally responsible for yielding to pedestrians in a crosswalk, and when they don’t, they should be held liable. In both cases, the driver was clearly engaging in unsafe driving practices.
Ontario Laws: Their Impact on Your Case
Toronto recognizes something called contributory negligence. This law requires each party involved in an accident to be responsible for his or her share of the fault—and the damages caused.
However, the Highway Traffic Act contains a special provision designed to protect pedestrians. Known as “reverse onus,” the motorist is automatically considered at fault for hitting the walker and will have to prove otherwise to a court of law.
Some of the points that the driver might utilize could include traffic or weather conditions and whether you were using the pedestrian crossing, jaywalking, or simply crossing the street when it was unsafe. The court will also look at the mental state of both parties. Were either of you fatigued or under the influence of drugs or alcohol at the time of the pedestrian accident?
When a vehicle causes you substantial harm, a Toronto pedestrian accident lawyer can keep the driver honest. At the Blackacre Law, PC, we are committed to building a case that will ensure the driver is held liable for his or her fault in the wreck so that you reach maximum compensation in your claim.
Financial Compensation for Damages
One of the first things most people think of in personal injury claims is a dollar amount for pain and suffering. This is typically calculated by adding the medical expenses and loss of wages and then multiplying that by a number based on the severity of your injury. But what is deemed a “medical expense” in our single-payer healthcare system?
Even though the vast majority of your hospital bills may have been covered under the Canadian Health Act, the CHA does not cover everything. Some things to be considered when determining your monetary medical damages include the following:
- Chiropractic services
- Occupational or physical therapy that you may need on a long-term basis
- In-home care
- Prescription drugs
- Dental coverage
The loss of wages is another significant factor in the determination of your settlement. Any wages you’ve lost since the day of the accident, as well as the long-term effect that your injuries may have on future wages, will be considered. If you need specific accommodations in your home, such as a wheelchair ramp or other modifications, those will also be included in your claim.
It is of utmost importance to your pedestrian accident lawyer that you are able to obtain the funds you need to recuperate successfully. We want the accident to have as minimal an impact as possible on your life moving forward.
Reach Out to a Pedestrian Accident Lawyer in Toronto
If you were injured in a pedestrian-motor vehicle accident, you should be compensated for all that you’ve been through. Mirian Niroomand Lawyers will work to get you the money you deserve. To schedule a free, no-obligation consultation with a Toronto pedestrian accident lawyer, call us at 647-556-5888 or fill out the form below.