Bowmanville Pedestrian Accident Lawyer
When a car strikes a pedestrian, it does so with tremendous force. For this reason, pedestrian accidents tend to generate severe injuries. If the motor vehicle driver’s negligence caused the collision, then they may be held liable for damages, like medical expenses, lost income, and pain and suffering, among others.
A pedestrian accident lawyer serving Bowmanville from Preszler Injury Lawyers may be able to get you compensation for your injuries. Call Preszler Injury Lawyers at 1-800-JUSTICE for a free initial consultation.
Common Causes of Pedestrian Accidents
A pedestrian is any individual not occupying or operating a motor vehicle or bicycle.
The Office of the Chief Coroner for Ontario publishes a Pedestrian Death Review that, among other things, presents characteristics of pedestrian traffic fatalities. In 2010, the agency reported that 60 percent of pedestrians who died in a car accident were attempting to cross the road at the time of the collision. In 33 percent of the accidents, the driver had committed a traffic infraction before the crash occurred.
Pedestrian accidents may happen when a motor vehicle operator:
- Fails to use a turn signal
- Drives at excessive speeds
- Drives while intoxicated or while under the influence of alcohol or drugs
- Drives while distracted
- Does not factor weather conditions into their driving behaviour
- Disobeys traffic signals or traffic signs
- Fails to yield to pedestrians at crosswalks
When a car strikes a pedestrian, most injuries originate from the force of the impact and the collision with the car or any other object in the vicinity. If the motorist acted in a way that caused the collision, you may be able to collect compensation from the motorist’s insurance company. If the insurance company refuses to settle, you may be able to file a lawsuit against the driver, and the jury may award damages in its verdict if you qualify.
In Ontario each year, there are roughly 20 children struck and killed by school buses in pedestrian- bus accidents, and half the time, the child was hit by the front of the vehicle. In the likely event that the bus driver bears fault, the victim or victim’s family may pursue compensation from the:
- Bus owner
- Transportation company
- Bus manufacturer
- Local government
- Bus components manufacturer
- And possibly others
Determining which of the above parties is liable for damages depends on the specific circumstances of the accident. For a free initial case review with a pedestrian accident lawyer serving Bowmanville from our team, call Preszler Injury Lawyers at 1-800-JUSTICE today.
The Ontario Coroner’s report further details how pedestrians somehow contributed to their accidents. More than 30 percent of pedestrians fatally injured in a motor vehicle accident behaved in a way that either caused or contributed to the collision that killed them.
Ontario’s Negligence Act
In Bowmanville, pedestrians who suffer injuries in a crash must answer to the rules for contributory negligence as stipulated by Ontario’s Negligence Act. This legislation states that when a plaintiff is guilty of contributory negligence, any damages the plaintiff recovers may be modified to reflect the plaintiff’s degree of fault or negligence.
Contributory negligence may apply to a pedestrian in an accident if the pedestrian’s actions contributed to the accident, such as:
- Failing to use the crosswalk to cross the street
- Failing to heed an intersection’s “walk” signal
- Running out in front of a moving vehicle
- Somehow disrupting the flow of traffic
Ontario’s Insurance Act
Ontario insurance companies also abide by the regulations outlined in Ontario’s Insurance Act: Fault Determination Rules. These rules, as the name implies, are used to determine which driver or pedestrian was responsible for the accident.
Whether preparing for insurance negotiations or trial litigation, a pedestrian accident lawyer serving Bowmanville may be able to help gather and present evidence about your role in your accident to obtain the compensation you may be eligible to receive.
Injuries From a Pedestrian Accident
When a motor vehicle strikes a pedestrian, the injuries can be severe. Typical pedestrian injuries from a motor vehicle collision may include:
- Spinal cord injuries
- Blood clots (hematomas)
- Brain swelling
- Bone fractures
- Haemorrhages (internal bleeding)
- Lacerations to the scalp
- Contusions (bruises)
- Sprained and torn ligaments
The “Reverse Onus” and Establishing Liability
Ontario created the Highway Traffic Act Section193(1) to help motivate motorists to take extra care to not hit pedestrians. Specifically, the law features a “reverse onus” (or “onus of disproving negligence”) provision, and it states that the pedestrian must prove only that the accident occurred. The motorist, on the other hand, assumes guilt, unless they prove their innocence.
The pedestrian may be able to prove that the accident happened with an accident report from the on-scene law enforcement officer, or they produce records from the emergency transportation (ambulance, helicopter) or even the hospital.
This evidence would satisfy the pedestrian’s proof that a car hit them. The majority of proof comes from the motorist, who must find evidence that proves they acted reasonably and appropriately under the circumstances.
Recoverable Damages From a Pedestrian Accident in Bowmanville
Although recoverable losses or damages differ widely from one pedestrian accident case to the next, some of the types of compensation you may receive in your case include:
- Replacement of lost income
- Medical expenses
- Ongoing medical care
- Replacement services (home maintenance, housekeeping, etc.)
- Replacement of damaged property
Finally, if you lose a loved one in a pedestrian accident, you may be able to recover death and funeral benefits.
Call a Pedestrian Accident Lawyer Serving Bowmanville
Rather than take on the headache and uncertainty of chasing down evidence, rushing to file paperwork, and fighting with insurance providers, many pedestrian accident victims decide instead to hire a lawyer to represent them in their pursuit of compensation.
Preszler Injury Lawyers serves Bowmanville accident victims who find themselves in this situation. We stand ready to discuss your case with you and advise you on whether you may have a potential claim and may be eligible for compensation.
Call the Preszler Injury Lawyers today for a free initial consultation at 1-800-JUSTICE.