Pedestrians have a right to safety when navigating roads where motor vehicles are also present, according to the Ontario Ministry of Transportation. When the driver of a motor vehicle fails to respect your right-of-way or acts in other reckless or careless ways that result in a collision with you as a pedestrian, that motorist should be held responsible for their actions.
A pedestrian accident lawyer serving Scarborough may be able to assist you in pursuing compensation for any damages you may be eligible to receive. Call our team at the Preszler Injury Lawyers today at 1-800-JUSTICE for a free initial consultation regarding your case.
Our pedestrian accident lawyers can meet with you in Scarborough for a free initial consultation. Call (416) 364-2000
How a Pedestrian Accident May Occur
We see many common behaviors that can result in an accident with a motor vehicle. These behaviors include motorists:
- Failing to remain attentive to their surroundings
- Engaging in distracted driving, such as texting or making a phone call
- Ignoring the pedestrian’s right-of-way, including any crosswalks or crossovers
- Driving under the influence of drugs or alcohol
- Making a U-turn without checking for pedestrians
There are also behaviors that pedestrians may engage in that contribute to pedestrian accidents, such as jaywalking or walking under the influence. If such behavior was at play in your accident, the damages you could be eligible for might be affected by the Ontario Negligence Act. A pedestrian accident lawyer serving Scarborough can explain how this statute may apply to your case.
Scarborough Pedestrian Accidents Lawyer Near Me (416) 364-2000
We Aim to Prove Liability
When you or a loved one was injured in a motor vehicle collision as a passenger, the motorist likely violated their duty of care. In Canada, all motorists have a duty of care to other motorists as well as pedestrians. If they breach that duty, we aim to prove that they are liable for your injuries and resulting expenses.
We follow a four-step process when establishing liability:
- Establish that the motorist owed you a duty of care
A duty of care is the responsibility a driver has to operate his vehicle safely to avoid harming himself and others. This responsibility means following all the rules of the road, being aware of the environment and conditions surrounding the operation of his vehicle and avoiding any reckless behavior.
- Show that the motorist breached their duty of care
In cases where reckless or careless behavior such as texting, failing to give the right of way, or impaired driving contributed to the collision, we may argue that such lack of care violated their duty to you, the pedestrian.
- Establish that the motorist’s breach of their duty of care caused the accident
If the court finds that the breach of duty of care caused the collision, even if something you did may have contributed, we may then argue that you are owed some form of damages from the liable party.
- Calculating damages
At this stage, we take into account all of the injuries, expenses, and indirect costs that you incurred because of the accident and present a plea for damages at trial or in settlement negotiations.
Damages You May Be Entitled to in a Pedestrian Accident
All cases have unique circumstances that likely impact the damages a pedestrian accident victim may be awarded. However, we have an idea of general damages that may be awarded, including but not limited to compensation for:
- Any emergency transportation and ER bills stemming from your injuries
- Any surgery costs and the cost of your hospital stay
- Any transportation to future rehabilitation appointments, as well as the appointments themselves
- Lost wages due to your injuries
- Diminished earning capacity
- Pain and suffering
You may be entitled to additional damages depending on the circumstances of your case. Call our team at the Preszler Injury Lawyers today at 1-800-JUSTICE to discuss how we can help you with your case.
We Can Help You Build Your Case
A pedestrian accident lawyer serving Scarborough can handle all of the legal aspects of your case while you focus on recovery. One of our team members can:
- Come to you to discuss the accident and how it has impacted you
- Review and document any police reports of the accident, noting if the driver was determined to be at fault for the collision
- Collect and archive any photographic and video evidence for use at trial or in settlement negotiations
- Interview and record statements from witnesses to the accident
- Speak with your family, friends, and coworkers to gain a full understanding of how the accident has impacted your quality of life and ability to work
- Initiate and handle all legal proceedings, from the initial filing of your personal injury claim to the completion of a judgment or settlement
- Protect your rights throughout the entirety of the legal process
A collision involving pedestrians often results in serious injury. We often see injuries that require long-term care and rehabilitation, including:
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
- Other forms of severe head injuries, such as a fracture
- Asphyxia, especially if you were run over by the vehicle
- Back injuries
- Broken bones, including legs, arms, feet, ribs, and hands
- Psychological injuries, including post-traumatic stress disorder (PTSD)
Pedestrian accidents can even be fatal. If a loved one lost their life in a pedestrian accident, we can oversee your wrongful death claim.
We Can Help Pursue Damages in the case of a Wrongful Death
If you lost a loved one due to the actions of a negligent driver, you may be entitled to a unique set of damages. These may include:
- Funeral costs
- Pain and suffering beyond what is a typical award for non-fatal claims
- Loss of companionship (spouse)
- Loss of guidance (children)
- Loss of income from the deceased
Wrongful death cases may require a different standard of evidence than non-fatal injury cases, and the stakes are certainly higher considering what you have lost. A pedestrian accident lawyer serving Scarborough can handle these cases delicately and may pursue damages on your behalf during this incredibly difficult time.
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Preszler Injury Lawyers Wants to Help in Your Pedestrian Accident Case
Call our team at the Preszler Injury Lawyers today at 1-800-JUSTICE for a free initial consultation regarding your case.