Pedestrian Accidents FAQs | Questions about Pedestrian Accidents

In the wake of a traumatic accident, it can be difficult to find the answers to all of the complex questions you might have. If you’ve never experienced anything like this before, you might not be aware of your rights, and that’s why you need the assistance of a professional, reliable, and compassionate pedestrian accident law firm to help take care of the legalities during this difficult period. For your convenience, here are some frequently asked questions that pedestrian accident injury lawyers in Toronto hear from their clients.

1. Who is at fault when it comes to a pedestrian-related accident?

In most cases, the driver of the vehicle is at fault, unless the pedestrian was crossing the street illegally outside of the designated crosswalk.

2. Is the driver always at fault if the pedestrian is on or near a crosswalk?

Yes, because it’s the driver’s responsibility to yield to all pedestrian crosswalks and come to a complete stop when the traffic light turns red until all pedestrians have safely crossed the street.

3. If I’m a pedestrian, does a motor vehicle driver owe me any special duty or care under the law?

Yes, drivers are responsible for being aware of their surroundings at all times, and they must be alert enough to be able to anticipate the unexpected from all angles of their vehicle.

4. Am I entitled to compensation if I’m a pedestrian or cyclist who has been hit by a car in Ontario?

If you’re involved in a motor vehicle accident as a pedestrian or cyclist in Toronto, Ontario, you may be entitled to pedestrian accident compensation either from your own Accident Benefits insurance, a tort claim against the at fault driver, or both.

5. What benefits can I claim?

Here are some of the benefits you can claim in a pedestrian accident lawsuit:

  • Cost of coverage for medical expenses
  • Lost wages that are related to the accident
  • Future lost wages
  • Damages for physical and emotional pain that are related to the accident

6. What if a pedestrian or cyclist who was killed after being struck by a vehicle was my family member?

You could have grounds to file a wrongful death lawsuit depending on the specific circumstances of the case. Additionally, you may also be eligible to receive compensation for loss of companionship or loss of guidance of your beloved family member. Either the deceased person’s insurance or the insurance of the at-fault driver will pay this amount.

7. What are my rights if my child was injured or killed by a motor vehicle?

Drivers must be especially cautious in areas that are full of children (i.e. school zones) due to the unpredictable nature of children’s behaviour. Talk to your lawyer about your rights as a parent whose child has been injured or killed after being struck by a vehicle.

8. How soon after the accident do I have to file a lawsuit?

You should file a lawsuit as soon as you’re able to, because the faster you hire a pedestrian accident injury lawyer and provide them with the information they need, the faster they can start working on your case. Also, keep in mind that every province and territory has different regulations and statutes of limitations when it comes to filing lawsuits of this nature.

9. What if I, as a pedestrian, was partially at fault for the accident?

Unfortunately, if it’s proven that you were, in fact, partially at fault for the accident, then this could reduce the amount of recovery to which you’re entitled depending on how much of the accident was your fault.

10. What damages are recoverable in pedestrian accident cases?

If you’re a pedestrian who was hit by a car in Toronto, the following damages may be recoverable in your case:

  • Any required medical or home-care expenses
  • Physical and mental therapy expenses
  • Loss of income
  • PTSD, stress, anxiety, and depression induced by the accident
  • In some cases, punitive damages
  • Loss of consortium

Keep in mind that these are usually determined on a case-by-case basis and the insurance company of the at-fault motorist is usually liable to pay.

11. What should I bring to my meeting with a lawyer?

Your lawyer will need any and all pertinent documents and evidence that pertains to your case. This can include photographs of your injuries, the vehicle, and the overall scene of the accident; police reports; witness reports and contact information; your insurance company’s information; and so forth. All of these items are crucial to building a strong case for you and ensuring you receive the pedestrian accident compensation you deserve.

12. How can I find a pedestrian accident lawyer near me?

You can conduct an online search and look at online comments and reviews from past clients, or you can ask for recommendations from people you know and trust.

13. How can I contact you?

The trusted lawyers at Taverniti | Vashishth LLP are always ready and willing to take your call. You can contact us at (905) 264-8686 or 1-800-LAW-7032.