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.
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.
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.
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.
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.
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.
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.
1315 Lawrence Avenue East, #104
Toronto, Ontario M3A 3R3
Speaking with our Schiffmann Personal Injury Lawyers will not cost you anything. If you retain us, we never ask for money upfront.
We will travel to your home or hospital, at your convenience and request
We are available to discuss your case anytime. Give us a call at (416) 780-1600
Meeting and/or discussing your case with our lawyer is completely free.
“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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