The City of Barrie has done quite a bit to improve their roads for pedestrians. Major thoroughfares such as Dunlop Street downtown, have been revamped and reconstructed in order to not only encourage more pedestrians, but also to keep them safer. Unfortunately, accidents still sometimes happen and when they do, pedestrians can become seriously injured.
Claiming compensation is likely not the first thing on an accident victim’s mind in the moments following a crash. But it may be needed in order to pay for medical expenses and recover lost income.
A Barrie pedestrian accident lawyer is a victim’s best chance at getting that compensation they may be entitled to. Contact an experienced injury attorney in Barrie to begin your claim for compensation today.
Our pedestrian accident lawyers can meet with you in Barrie for a free initial consultation. Call (416) 364-2000
Reverse Onus in Pedestrian Accidents
In most personal injury cases, the burden of proof typically lies with the plaintiff, or the individual filing the lawsuit. This means they must prove that another individual was negligent and that their negligence caused the accident. However, due to the severity of pedestrian accidents in Barrie, this is not the case.
The Highway Traffic Act outlines the licensing and regulations for motorists on Ontario’s roads. The Act also refers to pedestrians and places a reverse onus on motorists that hit them. This means that the motorist must prove that they are not at fault for the accident, rather than the plaintiff proving that they are.
The reverse onus outlined in the Act does make it easier for pedestrians to claim compensation. However, the other party can still defend themselves by trying to prove that the pedestrian was partly or wholly at fault and this can weaken the victim’s case. Because of this, it is important that pedestrians who have been hit by a car seek the help of a pedestrian accident lawyer in Barrie right away.
Barrie Pedestrian Accidents Lawyer Near Me (416) 364-2000
Common Injuries Sustained
The injuries sustained by a pedestrian in the event of an accident vary greatly and will depend on individual circumstances, such as how quickly the vehicle was traveling when it hit them.
The most common injuries sustained by the pedestrian are typically to the legs, as this is most often where the vehicle will strike them. However, the upper body and head are also at great risk due to the fact that these areas of the body are often thrown against the hood of the car or its windshield.
Other common injuries suffered after a pedestrian accident include spinal cord injuries, torn and sprained ligaments, and nerve damage.
Steps to Take After a Pedestrian Accident
It can be difficult for victims to know the proper steps to take after an accident. The first steps can actually happen at the scene of the accident. If there were witnesses, statements should be obtained from them. While there is little the pedestrian will have to prove after an accident, they will need to prove that the accident actually happened. Witness statements can help with this.
When an accident occurs in Ontario and there are injuries, the accident needs to be reported to the police, and it should be reported immediately. Not only is this the law, but the police report can also help verify in court that the accident actually occurred.
Seeking Medical Attention
Right after leaving the scene of the accident, pedestrians need to seek medical treatment. If the pedestrian is unable to leave the scene on their own, they should call an ambulance. There are not many times a pedestrian will not be injured after an accident, but even if they believe that to be the case, they still need to see a doctor who can assess their condition after an accident.
This is because injuries can become apparent days or even weeks after an accident. For instance, a pedestrian may feel as though they only suffered a minor headache after being hit by a car. But as time passes, they could find that small headache was actually something much more serious, such as a concussion.
Seeking medical attention is also important because it can also provide documentation that proves the accident actually happened, and can help strengthen the pedestrian’s case.
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Contact a Barrie Pedestrian Accident Lawyer
Finally, pedestrians who are hit by a car should contact a Barrie pedestrian accident lawyer, even before they speak to an insurance company. A lawyer can guide accident victims on the next steps to take and can even speak to insurance companies on their own.
If you or a loved one has been injured in a pedestrian accident, call a Barrie accident lawyer as soon as possible that can help with your case and get you the compensation you may be entitled to.