Pedestrian Accidents

A pedestrian accident refers to an incident, where a pedestrian is involved in a collision with a motor vehicle. Here are some key points regarding pedestrian accidents:

1. Safety and Immediate Response: If you are involved in a pedestrian accident, prioritize your safety and seek immediate medical attention for any injuries.

2. Reporting the Accident: It’s important to report the accident to the police as soon as possible. The police will document the incident, gather evidence, and create an accident report. This report can be crucial for insurance purposes and potential legal claims.

3. No-Fault Insurance: Ontario operates under a no-fault insurance system, which means that regardless of who is at fault in the accident, injured pedestrians can access certain benefits through their own insurance company, or the insurer of the vehicle involved. These benefits, known as Accident Benefits, can provide coverage for medical expenses, rehabilitation, attendant care, income replacement, and other related costs.

4. Determining Liability: Determining liability or fault in a pedestrian accident involves investigating the circumstances of the incident. Ontario law places a high duty of care on drivers to be cautious and yield to pedestrians. However, there may be cases where the pedestrian’s actions contributed to the accident. The assignment of fault can impact insurance claims and potential legal proceedings.

5. Legal Options: If you have sustained significant injuries in a pedestrian accident caused by a negligent driver, you may have grounds for a personal injury claim. Consulting with a personal injury lawyer experienced in pedestrian accidents can help you understand your rights, assess the strength of your claim, and pursue legal action if necessary.

6. Time Limitations: In Ontario, there is a limitation period for filing a personal injury claim. Generally, you have two years from the date of the accident to commence legal action. It’s important to consult with a lawyer as soon as possible to ensure you meet the necessary deadlines and protect your rights.

If you are involved in a pedestrian accident, prioritize your safety and seek medical attention. Report the accident to the police and notify your insurance company to initiate the claims process. Consulting with a personal injury lawyer can provide you with the necessary guidance and support to navigate the insurance claims process and pursue legal action if needed.