If you or someone you love has been injured or lost in a pedestrian accident, you may be able to recover compensation to recover the losses you have sustained as a result of the accident. The team at Preszler Injury Lawyers is here to help you hold the at-fault party responsible. To see how a pedestrian accident lawyer serving Windsor may be able to help you, call 1-800-JUSTICE today.
Our pedestrian accident lawyers can meet with you in Windsor for a free initial consultation. Call 1-877-573-3563
Causes of Pedestrian Accidents
According to the 2016 Road Safety Annual Report, the number of pedestrians who were fatally injured increased from 115 in 2015 to 136 in 2016, an increase of 18 percent. This report also found that the vast majority of pedestrians were in normal condition—not impaired in any way—and that they were crossing intersections with the right of way.
In these cases, it was generally the motorist who was at-fault for the accident. Some of the causes were:
The 2016 report confirms that of its top road safety issues, inattentive driving is a major problem. It was a factor in 17 percent of all roadway fatalities in 2016, and it is reported that one person is injured in a distracted driving accident every 30 minutes.
Driving While Under the Influence of Drugs or Alcohol
The 2016 report notes that the number of drinking and driving fatalities increased by 35 percent in 2016, from 93 to 125.
According to Transport Canada’s Road Safety Study, 60 percent of Canadian drivers have admitted to occasionally driving while drowsy. As if this wasn’t surprising enough, 15 percent admitted that they had fallen asleep behind the wheel in the past year.
Aggressive driving includes a number of different kinds of behaviors by motorists, such as speeding, failing to yield the right of way, running red lights, or weaving in and out of traffic. Any of these behaviors could easily lead to a devastating and potentially fatal pedestrian accident. When a driver is speeding, for example, they often cannot react quickly enough to stop or avoid hitting a pedestrian who may be crossing at an intersection. These types of behaviors are even more unsafe if the road conditions are poor.
These are just a few of the common types of behaviors that motorists exhibit that may cause injuries or fatalities among pedestrians. If someone you love has been hurt or lost in a pedestrian accident, you may have the right to hold the driver responsible. To find out what options you have for recovering compensation after your pedestrian accident, contact a pedestrian accident lawyer today at 1-800-JUSTICE.
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Types of Injuries Caused by Pedestrian Accidents
There are many types of injuries that may occur as a result of a pedestrian accident, including:
- Traumatic brain injuries (TBIs) and other head injuries
- Spinal cord injuries
- Cuts and scrapes
- Blunt thoracic trauma
- Lacerations and torn ligaments
- Disfigurement and scarring
Laws That May Impact Your Claim
There are a number of laws that impact your claim. Ontario law, for example, requires you to contact the insurance company—either your own or that of the at-fault driver—within one week of your accident. In addition, you must also file an Application for Accident Benefits within 30 days of the time you have received the application. If you fail to take these steps, you could lose your right to recover compensation for your injuries. Ignorance of these laws is not considered to be a valid reason for not taking these steps.
The Ontario statute of limitations also impacts your ability to recover compensation. According to Ontario law, you have 24 months from the date of your accident to pursue compensation through a personal injury or wrongful death lawsuit, or you generally forfeit the right to recover damages. There are a few exceptions to this rule, such as when the pedestrian is a minor and does not have a qualified adult to represent their interests or if the victim has disabilities that impact their cognitive function.
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Recoverable Damages After a Pedestrian Accident
Every case is different, and we cannot estimate the types of damages you may recover without first examining the details of your case. However, some common types of damages that victims do recover in cases like these may include but are not limited to:
- Medical costs
- Lost wages
- Future wages if you cannot return to work
- Dismemberment or disfigurement
- Pain and suffering
If your loved one did not survive the accident, you may also be eligible to recover these types of compensation:
- Funeral and burial costs
- Loss of consortium
- Loss of companionship
These are just a few possible types of recoverable damages you may qualify to receive after a pedestrian accident and this list is not exhaustive
How a Pedestrian Accident Lawyer Serving Windsor May Be Able to Help
A pedestrian accident lawyer serving Windsor may be able to help you navigate the complex legal process from start to finish. We may conduct an investigation to find out what happened in the moments leading up to the accident to determine who was at fault for your injuries. We may also calculate the total cost of your losses to determine the value of your claim and what a fair settlement would be for your case. We may negotiate with insurance companies on your behalf and pursue compensation to the fullest extent of your injuries. If your injuries prevent you from traveling to us, we may come to you.
To find out what options you have for recovering compensation or to have us get to work on your case right away, contact Preszler Injury Lawyers today at 1-800-JUSTICE.