Pedestrian accidents with motor vehicles often leave victims with serious or life-threatening injuries if not fatal ones. As in accidents with bicyclists, a motorist is presumed negligent unless the driver presents convincing evidence to the contrary or that the pedestrian acted irresponsibly so that a third-party claim may be pursued.
Many accidents occur within crosswalks or when a person is otherwise crossing a street. Others occur while a person is walking alongside a roadway, or when a motorist is outside his car and attending to it for a tire or mechanical issue. Common factors that lead to pedestrian accidents include:
- Distracted driving
- Impaired driving
- Poor street lighting where a motorist failed to see the pedestrian
- Driving too close to a pedestrian
As a pedestrian, you do have a duty to look out for your own safety. This includes crossing within a marked crosswalk if available, not crossing against the light or in the middle of a street, staying off of freeways, and not running into a street unless it is safe to do so. However, motorists in suburban areas should be cognizant of small children on the streets and be on the lookout for them.
If injured, you are entitled to Accident Benefits regardless of fault for income replacement, medical and rehabilitation expenses, and loss of caregiver and housekeeping capacity. Their availability and amount depend on the severity of your injuries. Your own auto policy will provide these benefits or the policy of a household member. If no policy is unavailable, you can use the responsible driver’s policy for these benefits, or the Ontario Accident Claims Fund if there is no other insurance. Talk to a Toronto pedestrian accident lawyer about receiving benefits to which you are entitled.
You can simultaneously bring a claim against the responsible motorist in a third party claim so long as your injuries are a permanent serious impairment of an important physical, mental or psychological function, or a serious and permanent disfigurement. If so, you can pursue compensation for pain and suffering and loss of enjoyment of life along with income loss and medical expenses not covered by Accident Benefits.
Damages in a Fatal Accident
If a fatal accident, then your Toronto pedestrian accident lawyer can help you recover damages for the loss of your loved one. You can get Death and Funeral Benefits in these amounts:
- $25,000 to the spouse
- $10,000 to each dependent
- $6,000 in funeral costs
These amounts may be more if optimal coverage was purchased. In a third-party claim brought by close family members of the deceased, damages can include:
- Loss of the decedent’s love, guidance and companionship
- Loss of the decedent’s financial contribution
- Loss of any household services that the decedent would have performed
- Any loss of income that family members sustained as a result of the death
- Out-of-pocket expenses incurred during the decedent’s final days before succumbing
The decedent’s estate, apart from the claim brought by the surviving family members, can bring a claim for the pain and suffering endured by the decedent before dying.
To get all the damages for which you or family members are entitled, retain a skilled and knowledgeable Toronto pedestrian accident lawyer from Affinity Law.
Call us today for a consultation at 1 844 786 LAW 1 (5291).