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Pedestrian Accident Lawyers Serving Hamilton and All of Ontario
At Ross & McBride, our lawyers represent people in Hamilton and across Ontario who have suffered injuries when they were involved in a motor vehicle accident as pedestrians.
In Hamilton, it can be dangerous for pedestrians navigating heavy motor vehicle traffic. As personal injury lawyers, we understand the serious nature of pedestrian accident cases. Many pedestrian accidents occur when drivers fail to follow the rules under the Highway Traffic Act, or fail to notice a pedestrian at an intersection.
Accident victims need trusted lawyers who will support them as they recover from their injuries and fight for the compensation they deserve. Our experienced lawyers are focused on helping pedestrian accident victims navigate the legal process, deal with insurance companies, and recover from serious personal injuries.
Common Types of Injuries in Pedestrian Accidents
Pedestrian injuries are often severe. After all, pedestrians have little protection against a car, bus or truck.
Some common injuries include:
- Concussions, head trauma, and traumatic brain injuries
- Spinal cord injuries, including partial or complete paralysis
- Broken bones and fractures
- Facial injuries and internal trauma
- Post traumatic stress disorder and emotional trauma
Many pedestrian injuries are classified as “catastrophic” injuries, requiring long-term care and ongoing medical treatment. This type of care can be expensive and life-changing.
We fight to have your injury classified correctly and ensure your personal injury claim reflects the true scope of your suffering.
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Main Causes of Pedestrian Accidents in Hamilton
Most pedestrian accidents in cities like Hamilton are preventable and occur due to a driver’s negligence.
Common causes include:
- Distracted or inattentive drivers
- Failure to yield at crosswalks
- Speeding or reckless driving
- Poor visibility conditions
- Drivers ignoring the pedestrian’s right-of-way
A lot of pedestrian accidents happen in busy intersections or areas with heavy motor vehicle traffic. Accidents involving pedestrians are also common in busy parking lots.
But even if your accident did not happen at an intersection or crosswalk, it is still the driver’s responsibility to avoid pedestrians crossing a roadway.
What to Do If You’ve Been Involved in a Pedestrian Accident
If you’ve been involved in a pedestrian accident, your first priority should be your health and safety.
Take these steps:
- Seek immediate medical treatment, even for minor injuries
- Call 911 and ensure a police report is created
- Document the accident scene and gather witness information, or have someone else do this if you are too badly injured
- Notify your insurer and begin insurance claims
- Contact a trustworthy personal injury lawyer
Early action helps protect your personal injury case and ensures your access to statutory accident benefits. It’s important to remember that you do not need to have your own car insurance policy to claim benefits under Ontario’s no-fault benefit system for accidents involving a motor vehicle. The personal injury lawyers at Ross & McBride can take action on your behalf, and make sure you get the benefits you’re entitled to.
Understanding Fault in Pedestrian Accidents (Reverse Onus Rule)
In Ontario, the law provides additional protection for pedestrians.
Drivers are considered responsible for a motor vehicle accident involving a pedestrian, unless they can prove that the accident was not their fault. Under the Highway Traffic Act, the “reverse onus” rule means the driver must prove that they were not negligent.
This rule is critical in pedestrian accident cases, because it shifts part of the burden away from pedestrian victims.
Understanding the Consequences of Pedestrian Accidents
The consequences for the victim of a pedestrian accident can be devastating.
Victims often face:
- Serious injuries and long-term disability
- Ongoing medical expenses and rehabilitation needs
- Lost income and the inability to return to work
- Emotional trauma and post-traumatic stress disorder
In the most severe cases, accidents may result in fatal injuries. When this happens, their surviving family members can make a wrongful death claim.
Pedestrian Accident Compensation That May Be Available to You
How much compensation can you receive after a pedestrian accident? Compensation depends on how serious your injuries are and how much impact they have on your life.
You may be entitled to:
- Statutory accident benefits, regardless of who is at fault
- Coverage for medical expenses and care
- Income replacement benefits
- Compensation for pain and suffering
- Additional damages through a personal injury lawsuit
Pedestrians can claim accident benefits even if they do not have their own insurance.
Types of Accident Benefits Available
After a pedestrian accident, you may be eligible for:
- Medical and rehabilitation benefits
- Income replacement benefits
- Non-earner benefits if you are unemployed
- Attendant care and support services
These accident benefits can provide critical financial support during your recovery.
The Role of a Pedestrian Injury Lawyer
A skilled pedestrian accident lawyer plays a critical role in your recovery.
They will:
- Investigate the accident and gather evidence
- Obtain the police report and medical documentation
- Handle negotiations with insurance companies
- Build a strong personal injury claim
- Advocate for your right to fair compensation
Working with an experienced personal injury lawyer ensures your case is handled properly from the start.
How Our Hamilton Pedestrian Accident Lawyers Can Help
The personal injury team at Ross & McBride has expertise in pedestrian accidents, and can provide the help you need to get through your recovery and the settlement of your case. Our law firm provides comprehensive support to personal injury clients.
We will:
- Guide you through the legal process
- Help you access all available accident benefits
- Manage all communication with insurers
- Build a strong case for you supported by evidence
- Represent you in negotiations or in court if needed
Our goal is to reduce your stress and help you focus on recovery.
Schedule a Consultation with Our Pedestrian Accident Lawyers
If you’ve been injured in a pedestrian accident, you don’t have to face this alone.
Ross & McBride’s pedestrian accident lawyers in Hamilton are here to guide you, protect your rights, and help you move forward with confidence.
Book your free consultation today.
Frequently Asked Questions
What is the most common injury for pedestrians?
Brain injuries, fractures, and soft tissue damage are among the most common injuries, caused by the force of impact with a motor vehicle.
How long do I have to file a personal injury claim in Canada?
In most cases, you have two years from the date of the accident to file a personal injury claim. However, it’s a good idea to get the process started as quickly as possible after the accident, to avoid the loss of evidence and ensure you get proper access to care and compensation when you need it.
How can a pedestrian get the most compensation from a car accident?
Work with an experienced personal injury lawyer, document all your injuries, and don’t accept early settlement offers from insurance companies. Your lawyer should do a comprehensive review of your injuries and the insurance coverage available to compensate you while you’re recovering, and, if necessary, afterward.
What percentage do most personal injury lawyers take?
Most personal injury lawyers work on a contingency basis, typically taking a percentage of the final settlement. While that percentage can vary from case to case, and from firm to firm, it is usually in the ballpark of 30%. As part of the resolution of your case, your lawyer will often attempt to get the insurance company to pay a portion of your legal expenses.