Navigating Pedestrian Accident Claims in Ontario : What You Need to Know -1-800-JUSTICE®

Pedestrian accidents can lead to severe injuries and complex legal claims. At Preszler Injury Lawyers, we understand the challenges faced by victims struck by vehicles, often occurring in low-visibility conditions. Victims have two primary avenues for recourse: applying for accident benefits through the vehicle's insurance or pursuing a lawsuit for pain and suffering and other damages. Accident benefits may cover income replacement, non-earner benefits, and medical treatment, while lawsuits can address pain and suffering, lost income, and future healthcare costs. Our team, led by Jeffrey Preszler, is dedicated to guiding you through the process, ensuring you access all available benefits while managing your legal matters. For assistance, contact us at 1-800-JUSTICE.

Pedestrian accidents are some of the most tragic types of claims that we see at Preszler Injury Lawyers. Often, these incidents involve pedestrians at crosswalks who are struck by cars, trucks, buses, or even bicyclists. Most of these claims occur either early in the morning or later in the evening, typically at dawn or dusk, as individuals are on their way to work or returning home. Nighttime accidents are also common, where visibility is significantly reduced.

Regardless of whether or not a pedestrian is authorized to cross at a crosswalk and sees the "walk" signal, many of these claims involve vehicles that either run a red light, make a right-hand turn when it is not safe to do so, or make a left turn. The effects of being struck by a vehicle are severe, and most of these claims result in very serious injuries. These injuries can range from basic soft tissue injuries that develop into chronic pain to severe fractures, brain injuries, and even spinal cord injuries.

You have two avenues of recourse following such an incident. The first avenue is available regardless of whether you have your own car insurance policy. If you do not have your own car insurance, you can apply for accident benefits under the motor vehicle that struck you. If you do have your own insurance policy, the priority rules dictate that you must go through your own policy under the accident benefit system. You are entitled to various benefits, which include an income replacement benefit if you are unable to work. If you are not working at the time of the accident, such as if you are a stay-at-home parent or retired, you are entitled to a non-earner benefit. Additionally, you are entitled to medical and rehabilitation treatment.

If you are struck as a pedestrian, you have two avenues of recourse, which apply regardless of whether you have your own car insurance policy or motor vehicle liability policy. If you do not have your own policy, you would apply through the insurance policy of the vehicle that collided with you. Under that policy, you have coverage for what are called accident benefits. If you are working, you can receive up to $400 per week for an income replacement benefit. If you were not working, you can qualify for a non-earner benefit of up to $185. You are also entitled to medical and rehabilitation treatment, and for most claims, you will be covered under $65,000 worth of coverage, which is combined for both medical rehabilitation and attendant care. However, your coverage for medical treatment and attendant care is only available for a period of five years.

The second avenue of recourse, which most people are more concerned about, is your ability to sue for pain and suffering. In addition to suing for pain and suffering, you can also make claims for past loss of income, future loss of income, and future health care expenses. These are the two primary avenues of recourse available to you. Additionally, if you are employed and have long-term disability benefits, you can also apply through that policy for long-term disability insurance coverage.

As a law firm, we ensure that you are educated and have access to all of the benefits that you are legally entitled to. This may even include filing for Employment Insurance (EI) sick benefits. We know which benefits you can access and how to obtain them for you. Most importantly, we focus on making sure that all the paperwork and your lawsuit are managed while you concentrate on getting better.