Despite new laws designed to combat distracted, inattentive and impaired driving, the number of pedestrian-involved accidents remains stubbornly high in Ontario.
In 2021 alone, more than 100 pedestrians were killed in accidents on the streets of the province, with almost 3,000 more left to deal with injuries ranging from broken bones and bruising all the way up to life-changing brain and spinal injuries.
Injuries at the more serious end of the scale are disproportionately high for pedestrians compared with other accident victims, since they take the force of a crash without the protection of seatbelts, airbags and other state-of-the-art safety equipment available to drivers and their passengers.
Pedestrians will always be in a vulnerable position while they’re on the road, but the opposite is true when they enter the courtroom with the backing of the pedestrian accident lawyers at Edwards Pollard LLP.
However severe your injuries, the pedestrian accident lawyers at Edwards Pollard LLP will help you secure the maximum compensation while providing you with the support you need to rebuild your life.
What to do after a pedestrian accident
Your first priority after a pedestrian accident should always be your health and safety. Focus on getting yourself and your family out of harm’s way, before calling the police and other emergency services if they are required.
If it is safe to do so, document the accident scene and ask nearby witnesses for their contact information, as their evidence could be useful if the matter ends up in litigation down the line.
You should seek medical attention and follow any advice you receive from physicians and health care professionals. Remember to monitor your condition and follow up with health professionals if anything changes, since some injuries may take longer than others to show symptoms.
Another of your first tasks should be to seek legal advice. The pedestrian accident lawyers at Edwards Pollard LLP will provide you with a free consultation to help you understand your rights and discuss the merits of your case.
What to expect if you file a legal claim
Many pedestrian accident injury victims are surprised to learn that they may be covered under their own car insurance, despite not actually being in a motor vehicle at the time of the incident.
Accident benefits, which are meant to cover lost income and medical or rehabilitation expenses, are available under Ontario’s no-fault insurance regime to anyone whose injuries can be attributed to a motor vehicle accident.
A second legal route — known as a tort claim — may be open to you and your family members if the driver was entirely or partially to blame for your pedestrian accident, in which the plaintiff seeks damages for pain and suffering, future income loss, and care costs, among other expenses.
In addition, while a plaintiff in a regular car accident tort case would have to prove the negligence of the defendant, the province’s Highway Traffic Act reverses the onus in pedestrian accident cases, forcing the driver to prove that they were not negligent, even if the injured person was not crossing at a designated intersection.
How we can help
With decades of combined experience, the personal injury lawyers at Edwards Pollard LLP understand the kind of physical, emotional and financial toll recovery can take on those injured in pedestrian accidents.
With an Edwards Pollard LLP compassionate and professional pedestrian accident lawyer in their corner, our clients can focus on getting better while we take care of their legal deadlines, connect them with medical care providers, and advocate zealously for their rights in court.
Every case is prepared as if it will go to trial, but our eyes are open at every stage for opportunities to reach a fair and reasonable settlement that works for you.
If you or a loved one has been injured in a pedestrian accident, call Edwards Pollard LLP for a free consultation to assess your case at (289) 529-0404.