Pedestrian accidents in Midland have increased in recent years, but fatalities have decreased. Unfortunately, individuals traveling on foot are especially vulnerable to the effects of a collision with a motor vehicle. When a crash occurs, pedestrians are likely to sustain the worst injuries because they do not have any protection from the impact of a car.
If you were recently harmed in an accident while walking to your destination, one of our qualified personal injury lawyers could help you make a strong claim for compensation. Let a Midland pedestrian accident lawyer help you avoid some of the pitfalls associated with dealing with insurance companies so you can recover your losses.
The majority of pedestrian accidents occur because motorists do not pay enough attention. Most collisions happen when a pedestrian is crossing at an intersection and a driver is turning right. Many accidents also occur in parking lots.
Speeding also contributes to pedestrian crashes. When motorists drive too fast, they do not have time to slow down or stop suddenly. Speeding is also one of the most severe traffic infractions motorists can make in Midland. Every time drivers speed, they put everyone else around them at risk, including pedestrians.
Unfortunately, distracted driving is also a big problem in Midland and throughout Ontario even though it is illegal and comes with extremely harsh penalties. When drivers take their eyes off the road, they cannot see what is in front of them and are likely to collide with a pedestrian. Too many drivers today are texting while driving.
In Midland, all drivers are legally obligated to prevent foreseeable harm from befalling other road users, including pedestrians. After most pedestrian accidents, drivers are presumed to be negligent – unless the crash occurred on a private roadway, in a parking lot, or on private property. Otherwise, pedestrians generally only have to prove that they were involved in an accident with a driver and that they sustained serious injuries as a result.
However, an at-fault driver and their insurance company may allege that the pedestrian was negligent in an attempt to shift blame and avoid paying compensation. Fortunately, the burden of proof in these cases lies with the driver.
Ontario is a no-fault province, which means that pedestrians make a claim to their own insurance company for accident benefits after a crash. This causes some confusion for pedestrians. Since they were not driving at the time of the collision, injured pedestrians often wonder if they have to go through the driver’s insurance company or their own. If the pedestrian does not have insurance, they claim both no fault benefits and civil damages from the driver’s policy. If the pedestrian has his or her own insurance, they collect no-fault benefits from their own insurance company, but they still sue the at-fault driver for pain and suffering, lost wages, and medical expenses.
After a pedestrian accident, you are likely suffering from serious injuries. Unfortunately, insurance companies do not always want to pay out on these claims, so it is crucial that you speak to a Midland pedestrian accident lawyer as soon as possible. Call our expert-ranked lawyers for help with obtaining the full amount of compensation you deserve.