Whenever we get hurt in a pedestrian accident, the financial impact can be significant. Medical bills, lost wages, and long-term challenges play an important role in influencing how much compensation should be available.
While there are no two cases that are identical, there are common factors that often influence the income. By looking at these considerations, the court and your insurance firm will be able to assess the amount you may deserve, which can be complicated.
Well, this is where you need a pedestrian accident lawyer who can help you understand these aspects. In this article, you’ll learn about certain key factors that affect your pedestrian accident compensation.
How is Pedestrian Accident Becoming a Growing Concern in Toronto?
Toronto’s urban landscape, defined by high foot traffic and congested roads, witnesses hundreds of pedestrian accidents every year. Recent studies show that approximately 20% of traffic-related fatalities in Ontario involve pedestrians, with urban centers like Toronto accounting for a significant number of incidents.
Contributing factors for such a situation include:
- Distracted Driving(for example, texting and use of GPS)
- Speeding doesn’t give any time for reaction to the pedestrian and increases the severity of the injuries.
- Failure to yield at crosswalks
- Poor weather conditions
- Driving under the influence of alcohol or drugs
- Negligence on the part of pedestrians, such as jaywalking.
Irrespective of the cause, if you’ve been injured in a pedestrian accident, seeking legal support from a pedestrian accident lawyer can help you explore and navigate the complexities that such cases can bring.
What You Should Do After a Pedestrian Accident?
If you’re involved in an accident on the road or the streets, you need to follow these steps to safeguard your rights:
- Get Medical Attention:
Your health should always be your top priority, especially during events like a pedestrian accident. Even injuries that seem to be minor can carry long-term impact.
- Report the Incident:
Contact the police immediately and ensure that an official complaint is filed, as it can help you boost your chances of getting better insurance coverage.
- Gather Evidence:
Click pictures, note the driver’s information, and gather statements from witnesses if possible.
- Get in Touch With a Personal Injury Lawyer:
Legal assistance is something that you need the most in times of accidents. Having a personal injury lawyer by your side will be helpful as they can understand your rights and help you secure fair, significant compensation.
- Inform Your Insurance Company:
If possible, you need to notify your insurance firm about the accident, as it will help them provide prompt financial assistance.
- Collect and Maintain Records:
Keep all medical bills, reports, and other records related to your injury claim. This will help you showcase that your claim is legitimate and accurate.
What Are Your Legal Rights as an Injured Pedestrian?
If you’re injured in an accident in the streets of Toronto, here are some of your legal rights for the same that you need to know:
- Right to Accident Benefits Under Ontario’s No-Fault Insurance:
Victims of pedestrian accidents in Toronto have the right to seek compensation under the Insurance Act of Ontario and the Statutory Accident Benefits Schedule. These benefits cover medical expenses, loss of income, and rehabilitation costs.
If the accident was caused by a negligent driver, you can also file a tort claim against the at-fault party for pain and suffering damages.
Apart from that, you can also seek compensation for:
- Loss of Income due to incapacity to work
- Permanent Disability or Disfigurement
- Psychological trauma, such as PTSD
- Future medical treatments and rehabilitation costs
- Medical and rehabilitation costs like physiotherapy sessions, counselling sessions.
- Loss of Income and up to 70% of pre-accident earnings
- Caregiver and housekeeping benefits for major injuries that can be catastrophic in nature.
- Right to Sue for Extra Damages:
Apart from no-fault benefits, you can file a personal injury lawsuit against a negligent driver to recover the following things:
- Pain and Suffering(non-economic damages)
- Future medical costs and loss of earning capability
- Out-of-pocket expenses like transportation to appointments
Under Ontario’s Highway Traffic Act, drivers are considered negligent in pedestrian collisions unless they are proven not guilty thanks to a legal principle called the “reverse onus.” Consulting a lawyer specializing in pedestrian accident cases can help you ensure the full compensation that you deserve.
- Protection Against Contributory Negligence:
If you’re found partially at fault, let’s say for jaywalking, you’ll witness a proportional reduction in your compensation. However, even with contributory negligence, you can still get compensation for the damages.
Stats on Pedestrian Accidents in Toronto
In Toronto, the safety challenges regarding pedestrians continue to rise, as alarming trends are being discovered over the years. In 2023, the Toronto Police Service released a report that shared the following insights, highlighting the severity of road accidents involving pedestrians in the province:
- Approximately 60% of pedestrian fatalities happen at intersections, where negligence on the driver’s part, failure to yield, and poor visibility are the main causes.
- Elderly pedestrians over the age of 65 are more exposed to severe injuries and casualties, given their slow movement and slow reflexes, which can increase the chances.
- Most accidents happen during peak traffic hours, especially in winter, when the condition of the roads becomes worse thanks to ice and snow, along with lower daytime hours.
- Pedestrian fatalities account for nearly half of traffic deaths in Toronto, which underlines the urgent requirement for improved safety standards and measures.
- Speeding and impaired driving contribute more to pedestrian fatalities, highlighting the need for stricter enforcement of traffic laws.
- In the year 2022 alone, nearly 2100 pedestrians were struck by vehicles in the city. This data was shared by Vision Zero, a citywide initiative that focuses on eliminating traffic-related deaths or fatalities.
To Summarize
Getting injured while just walking across a street can be extremely painful. It becomes even worse when you don’t get the desired financial compensation. That’s why you need to know certain factors and aspects that can affect the compensation for a pedestrian accident. These aspects will help you ensure that you get the required financial support for your recovery.
