Pedestrian Car Accidents
Pedestrian accidents remain a serious concern in cities like Hamilton, Burlington, Milton and Oakville, where busy roadways often intersect with heavy foot traffic. Although pedestrians generally have the right of way, accidents still occur when drivers or pedestrians fail to pay attention. The most common situation is a distracted motorist who is not focused at an intersection or while making a turn through a crosswalk. This can lead to devastating injuries to a pedestrian when their body is struck by the massive weight of a motor vehicle.
Due to the lack of protection on a pedestrian, these accidents can result in severe injuries including bodily fractures, head injuries, spinal cord damage and death. Under the laws of Ontario, you can obtain compensation for your injuries through mandatory accident benefits and through a lawsuit against the at-fault driver.
Many injured pedestrians don’t realize that they can claim mandatory accident benefits from their own auto insurance company despite the fact they weren’t operating a car at the time of the accident. Depending on the policy you purchased, you could be entitled to income replacement benefits, medical benefits, rehabilitation benefits, attendant care benefits, and other expenses. If you didn’t have auto insurance at the time of your pedestrian accident, you can make a claim to the auto insurance company of the other car that struck you. If none of the individuals involved in the accident have auto insurance, you can make a claim to the Motor Vehicle Accident Claims fund administered by the provincial government.
You can also sue at-fault driver for your accident for damages for pain and suffering, loss of enjoyment of life, income loss, housekeeping expenses and your future care cost.
Seeking the advice of an experienced personal injury lawyer immediately after you bicycle accident to ensure evidence if protected and any deadlines and limitation periods.