Toronto is a walking city. Pedestrians can be seen everywhere, in all parts of the city. From North York to Etobicoke, Scarborough to Mississauga, pedestrians can be found everywhere regardless of the time of year. The unfortunate truth though, is that walking in Toronto can often be dangerous. With crowded streets and busy traffic, pedestrian accidents more likely.
If you’ve been seriously injured in a pedestrian accident in or around the city of Toronto, it’s important to understand your legal rights and steps to take to possibly receive compensation for your pain and suffering.
We’ll go over what to do after a pedestrian accident and the steps to take to potentially get the compensation you deserve.
Understanding Pedestrian Accidents:
What are pedestrian accidents? Pedestrian accidents are accidents that occur when a someone on foot is struck by a car, cyclist, or any other method of transportation. These accidents can cause serious injuries like broken bones, head trauma, spinal cord injuries, and can even cause death.
What are common causes of pedestrian accidents in Toronto?
- Distracted driving: Distracted drivers are those not paying attention to the road due to their focus being on their phones, other passengers, or several other factors. Distracted driving is a key contributor to pedestrian accidents.
- Speeding: Excessive speeding makes it significantly harder for drivers to react to any changes in road conditions. This is true for pedestrians getting hit. Drivers driving higher than the speed limit is a key contributor to accidents.
- Failure to yield: Drivers that refuse to yield the right-of-way to people cross the street at crosswalks, intersections, and pedestrian signals put innocent people at increased risk of serious injury.
- Driving under the influence: Drivers who are impaired by drugs or alcohol pose a much higher danger to pedestrians. This is because drugs and alcohol cloud judgment and slows reaction time. Impairment seriously increases the likelihood of vehicular accidents.
What are your legal rights as a pedestrian?
As a pedestrian injured in an accident, under Ontario’s personal injury laws you have legal rights.
These rights include:
- The right to seek fair compensation for your injuries, including medical expenses, lost wages, pain and suffering, and other damages.
- The right to file a claim against the at-fault party. This claim may include the driver of the vehicle involved in the accident, their insurance company, or other responsible parties.
- The right to pursue legal action within the statutory limitation period, which is generally two years from the date of the accident. Failing to file a claim within this timeframe may result in the loss of your right to seek compensation.
What are the steps to take after a pedestrian accident?
If you’ve been involved in a pedestrian accident in Toronto, it’s essential to take the following steps to protect your legal rights and maximize your chances of receiving fair compensation:
- Seek medical attention: Your health and safety should be your top priority. Even if you don’t think you’re seriously injured, it’s crucial to seek medical attention immediately after the accident. Some injuries may not be immediately apparent but could worsen over time without proper treatment.
- Contact Police or medical authorities: Call 911 to report the accident to the police and request emergency medical assistance. A police report documenting the details of the accident can be invaluable for your insurance claim and any potential legal action.
- Gather evidence: If possible, gather evidence at the scene of the accident. This should include photos or videos of the accident scene, contact information for witnesses, and the driver’s insurance information.
- Notify your insurance company: Report the accident to your insurance company as soon as possible. However, be cautious when speaking with insurance adjusters and avoid providing a recorded statement until you’ve consulted with a personal injury lawyer.
- Consult with a personal injury lawyer: Contact a reputable personal injury law firm like Bergel Magence to discuss your legal options. A skilled lawyer can assess the circumstances of your case, advise you on your rights, and help you navigate the legal process.
What are potential options for compensation?
If you’ve been injured in a pedestrian accident in Toronto, you may be entitled to various forms of compensation, including:
- Medical expenses: Compensation for medical bills related to your injuries, including hospitalization, surgeries, medications, rehabilitation, and ongoing medical care.
- Lost wages: Compensation for income lost due to your inability to work while recovering from your injuries, including wages, salaries, bonuses, and other employment benefits.
- Pain and suffering: Compensation for the physical pain, emotional distress, and mental anguish caused by the accident and your injuries. This may include PTSD (post traumatic stress disorder).
- Future care costs: Compensation for anticipated future medical expenses and care needs related to your injuries, such as long-term rehabilitation, therapy, and medical equipment.
- Loss of enjoyment of life: Compensation for the loss of enjoyment of activities and hobbies you enjoyed before the accident due to your injuries.
Pedestrian accidents in Toronto often have devastating consequences. Sometimes these consequences could be as severe as serious injuries and significant financial burdens for victims and their families. If you’ve been injured while walking, it’s important to understand your legal rights and possible options for compensation.
Bergel Magence is here to help navigate your legal options during the stressful time after an accident. Our team has over 50 years helping individuals that have been serious injured get the compensation they deserve. Contact us today for a free consultation and let us help get you the justice and compensation you may be entitled to.
