Toronto Pedestrian Accident Lawyer

When you’re injured as a pedestrian in Toronto, the consequences can be devastating. As a pedestrian sharing the road with cars, motorcycles, bikes, and other vehicles, you are vulnerable to severe physical injury when collisions occur. By filing a pedestrian accident claim, you can recoup the losses you incur during your accident. This way, you don’t have to bear the brunt of the financial, physical, or emotional complications you may experience as a result of your injuries.

Since implementing its Vision Zero initiative to try curbing the rising rates of traffic fatalities in the City of Toronto, hundreds of pedestrians have continued to lose their lives in collisions caused by negligent drivers. While city officials claim to be implementing more stringent safety measures to protect the lives of innocent pedestrians, collisions continue to take place at a truly alarming rate. In fact, on average, six people are struck by a car on the streets of Toronto every single day. On Toronto’s streets, pedestrians are among the city’s most vulnerable.

At Preszler Injury Lawyers, our Toronto pedestrian accident lawyers are dedicated to pursuing meaningful compensation for our injured clients. Whether you were injured at a busy intersection or on a suburban crosswalk, we’re ready to help you recover the damages you deserve. To discuss your legal options, schedule a free initial consultation with our personal injury lawyers today.

How Do Pedestrian Accidents Occur?

Pedestrian accidents typically involve collisions between motor vehicles and individuals walking on foot, though they also happen to people using mobility devices and bicycles. These accidents can happen for various reasons, including:

Distracted driving
Speeding
Failure to yield
Driver negligence
And more

Pedestrian incidents occur most frequently at night and in the winter months. This is because visibility is significantly lower and driving conditions are more impacted by inclement weather. Collisions often take place at intersections and crosswalks. In these cases, pedestrians lawfully crossing the street are struck by negligent drivers speeding through red lights, making unsafe turns, or failing to notice stop signs.

That being said, accidents can happen in every season, at any time of day, and in a multitude of settings (including parking lots, sidewalks, alleyways, and other locations).

One of the most common reasons that pedestrian accident injuries happen is unsafe road conditions and poorly maintained crosswalks. This is especially true when it comes to pedestrian accidents in urban centres like Toronto. The likelihood of collisions may be significantly increased by hazards like:

Uneven sidewalks
Inadequate lighting
Obscured signage
And more

As a pedestrian, you can help to keep yourself and others safe in a variety of ways. If there is no sidewalk, walk facing traffic to keep an eye out for oncoming vehicles. In addition, avoid crossing the street in the middle of a block, and cross at street corners with stop signs or traffic lights.

Common Injuries From Pedestrian Accidents in Toronto

Survivors of pedestrian accident injuries caused by careless drivers can suffer moderate to severe effects. These injuries may impact your ability to work, live independently, and enjoy daily life.

Common types of injuries pedestrians suffer that may be eligible for compensation include:

Broken Bones & Torn Ligaments: These injuries, along with other soft tissue injuries, can result in long-term pain, mobility issues, and require extensive medical treatment.
Spinal Cord & Facial Injuries: Catastrophic injuries during pedestrian accidents can lead to significant damage, disfigurement, and have life-long consequences. They may impact your ability to work, perform daily activities, and enjoy a normal quality of life. They might also require extensive medical treatment or attendant care.
Traumatic Brain Injuries (TBIs): Pedestrians hit by vehicles are at high risk of head trauma, which can range from concussions to severe brain injuries. You might experience memory loss, mood disorders, or physical disabilities as a result.
Internal Organ Damage: You might experience damage to important internal organs such as the lungs, liver, kidneys, or spleen due to the force of impact. Internal organ damage can be dangerous, as it may not be immediately visible or apparent. You may require emergency surgery or intensive medical treatment.
Amputations: In certain high-impact collisions, pedestrians can sustain crush injuries or severe trauma to their limbs. This may require amputation, which may drastically affect your life or result in significant costs for prosthetics or rehabilitation.
And More

Our Toronto pedestrian accident lawyers can help you seek compensation for your injuries by filing a civil claim against a negligent driver or applying for accident benefits. Contact our team serving Toronto to review your case and explore your legal options.

What to do After a Pedestrian Accident

After a pedestrian accident, it’s essential to seek medical attention and report the incident to the authorities as soon as possible. While waiting for medical assistance, if you are able, you may consider gathering evidence, including witness names and telephone numbers. You may also want to take photos or videos of the accident scene or your injuries. This evidence can strengthen your case for compensation.

Sometimes, police do not arrive at the scene of a collision if it is considered to be minor. If there are no significant injuries or damages, you may simply wish to exchange insurance information with other parties involved. In Ontario, you are only legally required to report a collision where persons are injured or there is combined damage valued at more than $5,000 to vehicles or property. However, reporting the accident to the police is a crucial step in documenting the incident and establishing liability. The police report will serve as valuable evidence in your personal injury claim or during a pedestrian accident lawsuit.

Toronto has two Collision Reporting Centres where you can make such a report in person. You can report a motor vehicle accident at these centres, assisting any motorists, cyclists and pedestrians in their efforts to report a collision, as per the Ontario Highway Traffic Act. They also have a dedicated office for pedestrian and cyclist collisions.

What Compensation is Available in Pedestrian Accident Claims?

There are various forms of compensation available to help alleviate the financial burdens of pedestrians involved in accidents and support their recovery. Understanding the scope of compensation available is crucial for victims seeking justice.

Statutory Accident Benefits

In Ontario, pedestrians injured in car accidents are entitled to claim Statutory Accident Benefits through the provincial Statutory Accident Benefits Schedule (SABS). The OCF-1 (Application for Accident Benefits) sets out which insurance policy to apply to (yours or the at-fault driver’s) since you may qualify under other policies of insurance.

Statutory Accident Benefits are mandatory for all motor vehicle drivers, are available regardless of fault, and are designed to provide immediate financial relief. They are intended to cover medical expenses that may not be covered by OHIP, such as chiropractic care, physiotherapy, massage therapy, and psychological counselling. If you apply for benefits, you may receive:

Medical and Rehabilitation Expenses: These benefits cover the cost of medical treatment and rehabilitation services an injured pedestrian may incur as a result of their injuries.
Income Replacement: If your accident leaves you unable to work, SABS can partially replace any lost income. This will help you maintain some financial stability while you recover. In some cases, SABS may supply up to $400 per week, provided that you were either working at the time of the accident or had worked for at least 26 out of 52 weeks pre-accident. Income replacement may also apply if you were on Employment Insurance (EI) at the time of the accident.
Attendant Care Benefits: In cases where you require help performing daily activities because of your injuries, this benefit helps cover the cost of hiring a caregiver.
Death Benefits: Surviving family members also have rights. If a pedestrian passes away due to their injuries, their family can make a claim on their behalf. Loved ones are entitled to claim death benefits, including funeral expenses, medical and rehabilitation treatment, and an income replacement or non-earner benefit.

SABS provides financial assistance to injured pedestrians, regardless of fault. To claim statutory benefits, you must file OCF-1, complete an OCF-3 Disability Certificate, and if you’re seeking an Income Replacement Benefit, an OCF-2 form (Employer’s Confirmation of Income). If seeking a non-earner benefit, an OCF-10 Election Form will also be required. Submissions for treatment require that an OCF-18 Treatment Plan be submitted. To discern all documentation that’s required, it’s recommended that you speak with an experienced pedestrian accident lawyer.

Pedestrian Accident Lawsuits

Beyond statutory benefits, injured pedestrians may pursue a lawsuit against an at-fault driver. Your lawyer will guide you through the litigation process, representing your interests in court if negotiations fail to produce a fair settlement. Additional compensation is available for various losses, such as:

Loss of Income and Earning Capacity: Pedestrians can claim compensation for both past and future lost wages. This is especially true in cases where their injuries have a long-term impact on their ability to work.
Medical Expenses: Coverage for any medical costs not covered by SABS, including future medical care and therapies, may be pursued through a tort claim.
Pain and Suffering: You can seek damages for physical pain and emotional damage you endure as a result of your accident. This is a non-pecuniary damage, as the losses are intangible and therefore harder to quantify into an exact monetary amount.
Loss of Enjoyment of Life: In cases where injuries lead to a diminished quality of life, compensation can be sought for the impact your injury has on your hobbies, social activities, and overall well-being.
Home Maintenance and Care Costs: If your injuries prevent you from maintaining your home or require long-term care, these expenses can also be claimed.

If you’ve been injured in a pedestrian accident in Toronto, it’s crucial to seek legal representation from a lawyer who can provide guidance, support, and advocacy. Whether your insurance claim has been denied or you need assistance pursuing a tort claim against an at-fault driver, Preszler Injury Lawyers can help. Schedule a free consultation with our Toronto pedestrian accident lawyers today.

Why Should You Work With a Pedestrian Accident Lawyer?

At Preszler Injury Lawyers, our pedestrian accident lawyers in Toronto understand the complexities of personal injury law and can navigate the legal system on your behalf. They will fight tirelessly to protect your rights and pursue the compensation for your injuries that you deserve. When you work with our legal team, we’ll help you with:

Compassionate Support: Our lawyers versed in accidents play a vital role in advocating for vulnerable accident victims and holding negligent parties accountable for their actions. We’ll provide compassionate support to help victims rebuild their lives after an accident.
Pursuing Maximum Compensation: With our legal team by your side, you can pursue the full range of compensation you’re entitled to. We have the experience to accurately assess the value of your claim, considering medical expenses, lost wages, pain and suffering, and other damages.
Access to a Network of Experts: Our Toronto pedestrian accident lawyers often collaborate with a network of medical and professional experts to strengthen your case. These professionals can provide critical insights and testimony that support your claim, helping to illustrate the full extent of your injuries and the impact on your life.

How Do Our Free Consultations Work?

Our firm offers free consultations to discuss your case and explore your legal options. During this initial meeting, you can learn more about your rights and determine the best course of action for pursuing compensation. You’ll be able to ask any questions relating to your accident and/or claim, and we’ll discuss possible outcomes.

At Preszler Injury Lawyers, our Toronto legal team does its best to remove financial barriers to accessing our legal services. That is why we offer all prospective clients a free initial consultation. On top of that, our Toronto pedestrian lawyers work on a contingency-fee basis. That means you do not pay for our legal services unless we win your case.

To begin the legal process with us by your side, call one of our locations at 1-888-608-2111 or fill out our online contact form to get started. Our legal team will review the facts you provide and get back to you within 24 hours to schedule your free initial consultation.

Injured in a Pedestrian Accident? Talk to Our Toronto Pedestrian Accident Lawyers Now

At Preszler Injury Lawyers, we understand the unique challenges faced by vulnerable pedestrian accident victims and are committed to protecting their rights. If you have suffered injuries as a pedestrian, we’ll help you pursue meaningful compensation and get your life back on track.

Our Toronto pedestrian accident lawyers are here 24/7 to address your injury case. Call 1-888-608-2111 to speak with a lawyer anywhere in Ontario today, or request a consultation through our online form, and we’ll respond within 24 hours.