Your Personal Injury Lawyers
Toronto Pedestrian Accident Lawyer
Since implementing its Vision Zero initiative to try curbing the rising rates of traffic fatalities in the city, 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.
Understanding Pedestrian Accidents
Accidents of this nature 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, and driver negligence.
These accidents occur most frequently at night, and in the winter months when visibility is noticeably lower and driving conditions are more impacted by inclement weather. Usually, they take place at intersections and crosswalks. In these cases, pedestrians lawfully crossing the street are struck by negligent drivers who speed through red lights, make unsafe turns or fail to notice stop signs.
That said, accidents happen in every season, at every time of day, and in a multitude of settings (including parking lots, sidewalks, alleyways, and other locations).
Road Hazards and Unsafe Crosswalks
Unsafe road conditions and poorly maintained crosswalks contribute to pedestrian accidents involving motor vehicles and pedestrians in Toronto. Hazards such as uneven sidewalks, inadequate lighting, and obscured signage increase the likelihood of collisions.
It’s a good idea to remember that if there is no sidewalk, walk facing traffic to keep an eye out for oncoming vehicles. Avoid crossing the street in the middle of a block— if possible, cross at street corners with stop signs or traffic lights.
Injuries from Pedestrian Accidents
Survivors of accidents caused by careless drivers often suffer injuries ranging from moderate to severe. These injuries can impact their ability to work, live independently, and enjoy daily life. Our Toronto pedestrian accident lawyers can help you seek compensation for your injuries by filing a civil claim against the negligent driver. Contact our team serving Toronto to review your case and explore your legal options.
Types of Injuries: Broken Bones & Torn Ligaments
The types of injuries that pedestrians often suffer in accidents are wide-ranging, including broken bones, torn ligaments, and other soft tissue injuries. These injuries can result in long-term pain, mobility issues, and extensive medical treatment.
Types of Injuries: Spinal Cord Injuries & Facial Injuries
Some pedestrian accidents lead to catastrophic injuries like spinal cord damage and facial trauma. These injuries can have life-altering consequences and disfigurement, impacting victims’ ability to work, perform daily activities, and the ability enjoy a normal quality of life. These injuries may also require extensive medical treatment and attendant care.
Types of Injuries: Serious Injuries in Pedestrian Accidents
Beyond soft tissue injuries, some accidents may cause traumatic brain injuries, internal organ damage, and limb amputations. Victims of serious injures may require extensive medical care, rehabilitation, and ongoing support.
Navigating the Accident Scene
After a pedestrian accident, it’s essential to seek medical attention and report the incident to the authorities. While waiting for medical assistance, gathering evidence, including witness names and telephone numbers, can strengthen your case for compensation.
Reporting Pedestrian Accidents to the Police
Sometimes, police do not arrive at the scene of a collision. Still, 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.
Toronto has two Collision Reporting Centers where you can make such a report in person. You can report a motor vehicle accident at these centers, 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.
Claiming Accident Benefits After a Pedestrian Accident
Victims of pedestrian accidents can claim accident benefits from their own insurance provider or the at-fault driver’s insurer. The OCF-1 (Application for Accident Benefits) sets out which insurance policy to apply to since you may qualify under other policies of insurance. By filing an application for accident benefits, you may be entitled to certain benefits that will cover some medical expenses, rehabilitation, and income replacement during recovery.
Surviving family members also have rights! Making a claim on behalf of a loved one who tragically passed in such an accident may also entitle you to claim for a death benefit, funeral expenses, medical and rehabilitation treatment, and an income replacement or non-earner benefit, among other things.
Medical Expenses and Rehabilitation Benefits
Pedestrian accident victims who were struck by a motor vehicle are entitled to accident benefits to cover medical expenses and rehabilitation costs. These medical and rehabilitation benefits are crucial for ensuring victims receive the care and support they need to recover.
In Ontario, the motor vehicle insurance system operates with partial no-fault rules, meaning that certain benefits are provided to an injured person regardless of who caused the accident, with a few exceptions.
These benefits are known as Statutory Accident Benefits, often referred to as SABS. They cover medical expenses that may not be covered by OHIP, like chiropractic care, physiotherapy, massage therapy, psychological counselling and much more, all of which depends on the nature and severity of your injuries.
Benefits for Lost Income
Pedestrian accident victims often face financial hardships due to lost income from missed work. The Statutory Accident Benefits Schedule provides for an Income Replacement Benefit of up $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, or were on Employment Insurance at the time of the accident. These benefits can help alleviate some financial stress.
Exploring Statutory Accident Benefits
SABS provides financial assistance to injured pedestrians, regardless of fault. To claim statutory accident benefits, you must file OCF-1, complete a OCF-3 Disability Certificate and if seeking an Income Replacement Benefit, an OCF-2 form (Employer’s Confirmation of Income) will also be required. If seeking a non-earner benefit, an OCF-3 Disability Certificate and likely an OCF-10 Election Form will also be required. Additionally, there are benefits for medical expenses, rehabilitation, and attendant care. Submissions for treatment require that an OCF-18 Treatment Plan be submitted.
Hit and Run Accidents: Seeking Justice
Hit-and-run accidents can leave victims feeling vulnerable and unsure of what to do next. A knowledgeable pedestrian accident lawyer can help determine who is responsible and take legal action against them. Many drivers who hit pedestrians don’t stop, which is cowardly, irresponsible and against the law. Those who manage to survive near-fatal hit-and-run accidents could find it difficult to pursue the financial compensation they deserve.
Dealing with Insurance Companies
Navigating the claims process with insurance companies can be complex and overwhelming. An experienced pedestrian accident lawyer can correspond with insurers on your behalf to ensure you receive access to all the benefits you qualify for in addition to dealing with any lawsuit for pain and suffering, loss of income and any other future medical treatment you may require over and above the amounts under the Accident Benefits system.
Legal Proceedings and Personal Injury Cases
In personal injury cases, legal proceedings may be necessary to secure additional compensation for victims. Your lawyer will guide you through the litigation process, representing your interests in court if negotiations fail to produce a fair settlement.
Apart from their ability to claim Accident Benefits, a pedestrian hurt in a vehicle accident might think about suing the driver of the vehicle for other damages like pain and suffering, past and future loss of income and future medical expenses not covered by the Accident Benefits system. These claims, also called ‘tort’ claims, can be made for various reasons.
Preszler Injury Lawyers: Your Legal Advocates
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 to help you recover the compensation you deserve.
Why You Need a Pedestrian Accident Lawyer
These lawyers 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.
The Role of Personal Injury Lawyers in Toronto
Lawyers versed in accidents play a vital role in advocating for vulnerable accident victims and holding negligent parties accountable for their actions. They can provide compassionate support to help victims rebuild their lives after a devastating accident.
Advocating for Victims
A pedestrian accident lawyer is dedicated to advocating for the rights of accident victims and ensuring they receive fair treatment under the law. They will work tirelessly to secure the compensation and justice victims deserve.
The Importance of a Free Consultation
Many pedestrian accident lawyers offer 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.
At Preszler Injury Lawyers, our Toronto legal team does our best to remove financial barriers to accessing our legal services. That is why we offer all prospective clients with 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 you win your case. To learn more and to take advantage of a free initial consultation, call 1-800-JUSTICE and speak with our pedestrian accident lawyers serving Toronto today.
Protecting Vulnerable Accident Victims
At Preszler Injury Lawyers, we understand the unique challenges faced by vulnerable accident victims and are committed to protecting their rights.
CALL 1-800-JUSTICE
If you have any questions and would like to schedule a call with our legal team for a FREE no-obligation consultation, contact us now. During this call you can ask any questions as it relates to your accident and/or claim and we’ll discuss your options and possible outcomes.
Regardless of where you’re located in Ontario – we may be able to help you. Don’t delay – call us. Our lines are open 24/7.
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