Every driver in Ontario has an implicit duty to drive carefully to protect everyone around them from foreseeable harm, including and especially pedestrians who are not protected by a motor vehicle frame. Even if it happens at a relatively low speed, a car striking someone walking on a sidewalk or shoulder often results in severe and debilitating injuries, as well as significant financial losses.
If you were recently struck by a vehicle while walking, a skilled personal injury lawyer could help you pursue insurance benefits for various economic losses. A Collingwood pedestrian accident lawyer could also help you seek compensation for non-economic losses through a separate civil lawsuit.
Anywhere pedestrians walk, jog, or run near public roadways, there is a risk that a reckless or careless driver could hit one of them and cause significant physical harm. Since all drivers have an implicit duty of care while operating on public roads, victims of pedestrian accidents only have to prove that a driver’s behavior directly caused their injuries to recover compensation.
Importantly, however, a driver who hits a pedestrian does not always bear total liability for their subsequent damages. If a pedestrian crosses the street outside of a crosswalk, for example, their available compensation may be reduced proportionally by their percentage of shared liability.
Working with a local lawyer could be critical when it comes to contesting allegations of contributory negligence and maximizing your recoverable damages in a pedestrian accident case. Qualified legal counsel could also help you abide by the two-year filing deadline set by the statute of limitations applicable to local civil cases.
When two drivers get into an accident that results in injuries, both parties can recover compensation for their lost wages, medical and rehabilitative expenses, and various other economic losses through the Statutory Accident Benefits Schedule (SABS) provided by their respective insurance policies. If a pedestrian has car insurance, they may also recover compensation through SABS if they are struck by a negligent driver.
If a person injured in a pedestrian accident does not have their own car insurance coverage, Ontario law allows them to pursue recovery from an at-fault driver’s policy. If the at-fault driver is also uninsured, compensation may be available through the Motor Vehicle Accident Claims Fund.
Unfortunately, SABS cannot provide compensation for any qualitative losses that stem from a pedestrian accident, such as loss of enjoyment of life, physical pain and suffering, and the effects of permanent disability or disfigurement. In order to recover for these losses, you would need to file a civil lawsuit, ideally with the assistance of a seasoned pedestrian crash lawyer in Collingwood.
Ontario’s no-fault car insurance system allows injured pedestrians to recover various economic damages after being struck a negligent motor vehicle driver. However, recovering sufficient compensation through an insurance policy can often be difficult and time consuming, and restitution for non-economic losses requires separate civil litigation.
For help with recovering your losses from an irresponsible driver, get in touch with a dedicated Collingwood pedestrian accident lawyer. To learn more about how knowledgeable legal counsel could help you, call Rastin Trial Lawyers today.