Toronto Pedestrian Accident Lawyers

Pedestrian Accidents

We Are an experienced pedestrian accident law firm in Toronto

A pedestrian accident is one where a person who is on foot is struck by a motor vehicle. Anyone on foot, riding a bicycle, in a wheelchair or scooter is considered a pedestrian in Ontario.  Pedestrians are at a particularly vulnerable when involved in collisions with cars. Unfortunately, the victims of pedestrian accidents typically suffer very significant injuries.

Pedestrians accident fatalities are on the rise.  In December of 2018 CBC News reported 38 pedestrian deaths for the year, an increase over the year before. These deaths occurred despite initiatives attempting to eliminate deaths on city controlled roads.

If you, or a loved one,  has been injured or killed in a pedestrian accident the Team at Schiffmann Law can help you recover money for the damages and losses that you and your family have endured.

Recent case results
  • $925,000

    Accident Benefits

  • $325,000

    Pedestrian / Motor Vehicle Collision

  • $1,250,000

    Pedestrian / Motor Vehicle Collision

  • $350,000

    Slip and Fall

  • $200,000

    Motor Vehicle Collision

  • $400,000

    Motor Cycle Collision

  • $150,000

    Motor Vehicle Collision

  • $200,000

    Motor Vehicle Collision

  • $115,000

    Accident Benefits

  • $175,000

    Motor Vehicle Collision

  • $100,000

    Motor Vehicle Collision

  • $275,000

    Pedestrian / Motor Vehicle Collision

  • $115,000

    Long Term Disability Claim

  • $200,000

    Motor Vehicle Collision

  • $175,000

    Pedestrian / Motor Vehicle Collision

  • $230,000

    Motor Vehicle Collision

  • $200,000

    Motor Vehicle Collision

  • $300,000

    Motor Vehicle Collision

Leading Causes of Pedestrian Accidents in Toronto

In an analysis of more than five years of statistics from the Toronto Police Service the Globe and Mail found several trends in pedestrian fatalities. Victims 65 year of age and older are being hit by vehicles, while walking across an arterial road, at a spot without a traffic signal or crosswalk.

Other causes of pedestrian accidents include:
  • Distracted drivers
  • Drivers failing to yield, speeding, losing control, disobeying traffic signs, and making improper turns
  • Drivers failing to stop at a stop sign
  • Drivers turning right at an intersection while looking left
  • Drivers failing to yield right of way to pedestrians
  • Pedestrians struck after sundown
  • Driver or pedestrian under the influence of alcohol or drugs
  • Pedestrian on cell phone
Who is at Fault in a Pedestrian Accident?

According to section 193 of the Ontario Highway Traffic Act when a motor vehicle strikes a pedestrian there is a presumption of fault against the driver. This “reverse onus” places the burden on the driver and owner of the motor vehicle to prove the damage did not arise through driver negligence or improper conduct.

This does not mean that the driver is always at fault. If the driver/owner can prove that the actions of the pedestrian were a factor in causing the accident, the court may determine that each party is partially liable and award damages in a percentage accordingly.

Each case is decided differently based on the facts presented to the Court. A lawyer in Toronto with extensive experience will fight to get you the maximum amount of compensation possible for your pedestrian accident.

Is it True That the Pedestrian Always Has the Right of Way?

Pedestrians have the right of way as long as they are obeying the traffic rules and crossing the street within a crosswalk that is either marked or unmarked. They do not have the right to randomly enter a roadway.

At the same time, drivers in Ontario owe a duty of care to pedestrians, meaning they are required to take reasonable care under the circumstances. Drivers must operate their vehicle lawfully, yield to pedestrians and take into consideration road conditions like whether and construction. Failure to do so can result in potential liability.

What Damages am I Entitled To?

If you are injured in a pedestrian or bicycle accident in Toronto the Team at Schiffmann Law can help you recover damages which are meant to compensate you for injuries and losses you have suffered as a result of your involvement in the accident. You may be entitled to damages for pain and suffering, loss of amenities, loss of wages, past and future loss of income, loss of pension, loss of enjoyment of life, medical expenses and the cost of future medical care, attendant care, caregiving expenses, housekeeping expenses as well as out of pocket expenses.

You are also entitled to Accident Benefits as a part of your own policy of automobile insurance. If you are injured in a pedestrian or bicycle accident there are many benefits which you can immediately claim from your Accident Benefits insurance company. These benefits include an Income Replacement Benefit if you are not able to work; a Caregiving Benefit if as a result of your injuries you are not able to care for a person who you normally cared for at the time of the accident; an Attendant Care Benefit if you require assistance caring for yourself; as well as Medical and Rehabilitation Benefits to help you recover. There are different levels of Medical and Rehabilitation Benefits available to you depending upon the extent of your injuries. It is very important that you hire a Toronto Pedestrian and Bicycling Lawyer to ensure that the Insurance Company pays you the benefits which you are entitled to.

If you are making claim on behalf of a loved one who has died as a result of a pedestrian or bicycling accident you are entitled to money for funeral expenses, compensation for the economic loss you have suffered as a result of losing your loved ones financial support and in certain circumstances for pain and suffering of the deceased. We understand that nothing will ever bring back your loved one or fill the void left by their loss. We also understand that there is no amount of money that could possibly compensate you for this tragedy.  We promise you that we will fight to ensure that you receive the maximum amount of compensation under that law.

How Much Will a Law Firm in Toronto Charge to Take my Pedestrian Accident Case?

The team at Schiffmann Law wants to help you recover the maximum benefit possible for your situation. We understand that you may be facing financial hardship in the wake of this accident and we want to help you and not add to your burden. That means that when we take your case, we will fully fund the litigation and ensure that we obtain all the necessary reports, records and opinions necessary to fully support your case to achieve the best possible outcome. When we do, our fee will be deducted from your settlement. If we don’t win, you don’t pay. We will never charge you any up front fees.

Call an Experienced Toronto Pedestrian Accident Lawyer

To get your claim started, call us today at 416-780-1600 or 855-780-1600 for a free no obligation consultation. Let the team at Schiffmann Law take care of you, so you can take care of putting your life back together.

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Toronto office

Schiffmann Injury Lawyers
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    1315 Lawrence Avenue East, #104
    Toronto, Ontario M3A 3R3

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  • Fantastic Result
    I was very happy with the outcome of my case and with the services Chris provided.  I never thought I would get as much as I did.

    Motor Vehicle Accident

  • Knowledgeable and Solid Advice
    Chris Schiffmann has great knowledge of the law and was very helpful in giving me advice in order to get the best results for my case. I could not have asked for a better settlement and a better team to assist me through this whole process.

    Motor Vehicle Accident

  • Wonderful throughout the process
    Thank you for all that you did to help me this year and all the years leading up to the settlement. You were wonderful throughout the process and brought a lot of comfort and understanding to me.

    Personal Injury

  • Happy with the settlement
    My wife was involved in a car accident in which she was a victim. She has engaged Schiffmann Law legal services. The case last for about 1.5 years and throughout the case, we were impressed by the professional services offered from Schiffmann. In the end we were happy with the settlement and we believe Schiffmann has done their best to help. Based on our own experience we highly recommend Schiffmann Law.
    Willie L.

    Car Accident

  • Team was amazing!
    Schiffmann Law firm represented my family in a medical malpractice lawsuit after my mother’s passing and their team was amazing! I still keep in touch with them years later. My family has used Schiffmann Law for a social security/disability suit as well. We all highly recommend them!
    Adam C.

    Medical Malpractice

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“Being injured in an accident can have far reaching and traumatic effects on every aspect of your life. Dealing with Insurance Companies can be complicated and confusing. Call us and speak to us for free. We can help. ”

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