Toronto Pedestrian Accidents Lawyer
Pedestrian accidents are, unfortunately, quite common in busy cities like Toronto. All drivers have a duty to abide by traffic laws and always yield the right of way to pedestrians. Sadly, distracted, aggressive, or otherwise careless drivers pose a serious threat to pedestrians at intersections, on sidewalks, parking lots, and other places where people have to walk near cars and trucks.
Being struck by thousands of pounds of reinforced metal and steel without any type of protection all-too-often results in severe, catastrophic, and potentially fatal injuries. If you were a pedestrian injured by a negligent driver, the pedestrian accident lawyers at Mazin & Associates, PC will be ready to stand up for you. We will seek fair compensation for the harm you’ve suffered, including payment for your medical bills, lost wages, pain and suffering, and more.
Causes of Pedestrian Accidents
In almost every pedestrian accident case, severe injuries could have been avoided if a motorist had exercised more caution and care. Common causes of pedestrian accidents include:
- Distracted driving
- Failing to yield to pedestrians at crosswalks
- Disobeying traffic signs and signals
- Failure to signal while turning
Holding the appropriate party accountable for your pedestrian accident can be challenging because the defense may argue that your own actions (distractions, failure to obey traffic signals, or cross at designated crosswalks, etc.) contributed to your injury. The other party will try to limit the amount of money you can recover, but at Mazin & Associates, PC, our legal team can fight for the fair and just compensation you’re owed.
What should I do if I’ve been hurt as a pedestrian?
Very few people prepare for steps they will take should they be involved in a pedestrian accident, but you should generally do a few things immediately after your accident. Steps that should be taken include:
- Get Medical Care — No matter whether you think you were hurt or not, always go to a hospital and have your condition evaluated by a doctor. Keep in mind that many injuries have delayed symptoms, and you can face extreme difficulty when there is any delay in treatment for an injury.
- Call Police — You want to be sure to contact the local law enforcement agency so a police report relating to your accident can be filed. A negligent driver could also be ticketed.
- Take Pictures — Nothing involved in the scene of your accident will be there permanently and key evidence can disappear when crash scenes are cleaned up. While your scene is still a wreck, be sure to get multiple photographs of everything involved and try to take pictures from lots of different angles and distances.
- Seek Witnesses — Look around for other people who may have seen your accident and ask these individuals for their names and phone numbers. Such people can serve as valuable independent witnesses when there is any kind of dispute about liability.
You can be entitled to two kinds of benefits for a pedestrian accident. You must file an application within 30 days of receiving it to obtain no-fault accident benefits that can include medical and rehabilitation benefits, attendant care benefits, and income replacement benefits. When you have a tort claim against a negligent driver, you are going to want to find a skilled personal injury attorney for help holding that party accountable.
How long do I have to file a pedestrian accident claim?
In Ontario, the statute of limitations on all personal injury claims is two years, so you will have two years from the date of your pedestrian accident to file a lawsuit. The limitations period is subject to a few exceptions, such as when injuries do not appear on the date of an accident. A person could be able to file a lawsuit two years from the date they knew or should have known about their injuries.
Additionally, minors or people who are physically or mentally incapable of filing a lawsuit (possibly as the result of a coma) can have their limitations period tolled (delayed) until the date they become able to take legal action. This means that a minor will have two years to file from the date they turn 18 years of age and an incapacitated person gets two years to file from the date they regain function. Ontario does establish a 15-year statute of repose, which means that no claim can be filed more than 15 years after the date of an accident.
Can I still recover benefits if I was partially at fault for my pedestrian accident?
Yes. Accident benefits in Ontario are awarded regardless of fault. In a tort claim, a person can certainly be entitled to recover damages even when they were partially at fault, but the catch will be that their award will be reduced by their percentage of negligence. In other words, a person who is awarded $100,000 for a pedestrian accident they are found to be 25 percent at fault for will have their award reduced by $25,000 and receive $75,000. Automobile insurance companies will usually assign a driver with anywhere from 0 percent to 100 percent of the fault for an accident, and any driver who is more than 0 percent at fault will have an at-fault accident on their record.
Pedestrian Accident Statistics
The Toronto Star reported on December 7, 2018, that the 46 pedestrians or cyclists killed in Toronto in 2018 marked a one-year high for the city. The Star reported that 41 of those deaths were pedestrians.
According to the Toronto Police Service Public Safety Data Portal, the 40 pedestrian deaths in 2018 were less than the 44 in 2016 and equal to the 40 in 2013. The year with the fewest fatalities was 2011 with 18.
On August 23, 2019, Toronto Life reported that the average of 2,074 pedestrians struck by cars annually translated to an average of six people hit every day in Toronto. More than half of the pedestrians killed in 2018 were older than 60 years of age.
Government of Canada statistics show that 284 pedestrians, or 15.4 percent, were killed in accidents in 2017. This was the lowest total of the five-year period, following 346 fatalities in 2016, 298 fatalities in 2015, 301 fatalities in 2014, and 306 fatalities in 2013.
Contact a Pedestrian Accidents Lawyer
At Mazin & Associates, PC, our experienced Toronto car accident lawyers understand what you’re going through in the wake of an unexpected injury accident. We are here to answer all of your questions and provide the highest-possible legal assistance to you and your loved ones. Don’t hesitate to contact our offices at (416) 625-2122 to schedule a free, no-obligation consultation to discuss your case with a compassionate member of our legal team today.