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Pedestrian Accident Lawyers
Every day, millions of people in Ontario walk on sidewalks, streets, foot paths and trails. Some people do it for leisure or to exercise. Others walk to get to their place of work or school, to shop, or as part of their jobs. Even though most people are not thinking about getting injured while walking, thousands of pedestrians are injured every year.
Whether their accident is the result of a trip, slip or fall, a collision with a vehicle, or a falling object, pedestrian injuries can be seriously debilitating or even fatal. Tragically, statistics suggest the rate of pedestrian accidents in Canada is actually increasing over time.
While there are many precautions you can take to better protect your safety while out on a walk, some of these accidents cannot be avoided. If you or a loved one has sustained a serious pedestrian injury while on public or private property, you may be eligible to receive accident benefits or compensation for the damage that a negligent person has caused or contributed to.
If you or a loved one has been injured in a pedestrian accident, Gluckstein Lawyers can help. Our ontario pedestrian injury lawyers have the knowledge, experience, skills, and legal advice you need to get the financial assistance you deserve. We are here to help with your recovery and to ensure that you receive what you are owed for your pain and suffering.
How do pedestrian accidents occur?
Common types of pedestrian accidents.
A pedestrian accident can happen at any point when someone is walking (or using an assisted movement device such as a wheelchair) while out and about. The majority of the most serious pedestrian accidents and fatalities, however, occur due to motor vehicles. In the most recent Ontario road report statistics (from 2018), 134 pedestrian fatalities accounted for 22 percent of all auto accident-related fatalities.
Common pedestrian-related motor vehicle accidents occur when:
- Cars turn or merge while pedestrians cross the street, often at crosswalks.
- Pedestrians dart or dash out onto the street.
- Passengers exit a bus, light rail vehicle or streetcar and are hit by passing cars.
- Cars back up into pedestrians (particularly smaller children or people in wheelchairs who may be less visible).
- Children are playing in the street.
- Beyond collisions with motor vehicles, pedestrian accidents also commonly occur when:
- A pedestrian is hit by a person riding a bicycle, e-bike, e-scooter or other non-motorized vehicle.
- A pedestrian slips on an icy or wet surface.
- A pedestrian trips over a hazard or due to uneven surfaces or sudden changes in surface heights.
- A pedestrian falls down a stairwell.
- An object from above falls or is carried by wind and strikes them.
Common pedestrian injuries.
Depending on the type of accident that occurs, pedestrians can suffer a variety of injuries that range from minor cuts and bruising to catastrophic injuries such as traumatic brain injuries and paralysis. Some of the more frequent injuries include:
- Traumatic brain injuries - blunt force trauma to the head from a fall to the ground, being hit by a vehicle, being struck by an object, or having the skull punctured by a sharp object can lead to concussions, cognitive impairment, altered personality, long term disability and death.
- Spinal cord injuries - trauma to the spinal column and surrounding nerves can result in severe pain, loss of sensation, and/or paralysis.
- Soft tissue, muscular and/or organ damage - in addition to lacerations, bruising and scarring of the skin, a forceful blow to the body can cause serious internal injuries. These include internal bleeding, torn ligaments, nerve damage, organ puncture or rupture, complications from internal scar tissue, and infection from foreign objects lodged in the body.
- Fractures and broken bones - although any kind of broken bone or fracture can occur in a pedestrian accident, collisions from motor vehicles result in high rates of complications from pelvic fractures and the risk of collapsed lungs from broken ribs.
- Amputations and disfigurement - trauma to limbs, hands and feet can sometimes be so great that an amputation is required to protect a person from severe complications. In other cases, scarring of the body, and especially the face, can lead to significant emotional suffering in addition to the physical injury.
Protecting yourself from injury.
While we can’t entirely eliminate risk of a personal injury while walking, there are ways to reduce your risk of suffering a devastating injury. Some helpful tips include:
- Avoiding distractions such as your phone or listening to music so you can be better aware of your surroundings.
- Watching your step in unfamiliar areas or areas where there are known or marked hazards.
- Wearing appropriate footwear, including good treads when surfaces are slippery.
- Waiting for vehicles to come to a complete stop before entering a crosswalk.
- Making eye contact with drivers to ensure they see you if you are about to cross a street.
- Wearing bright clothing or reflective material, especially if walking when there is poor visibility due to lighting or weather conditions.
- Avoid walking if possible when there are high winds, heavy or freezing rain, and snow that obstructs your view.
What to do when injured.
If you or a family member has been seriously injured while out walking, there are several things to keep in mind:
- Seeking prompt medical assessment and treatment is incredibly important - especially if the accident resulted in trauma to your head, neck, spine, or may have caused internal bleeding.
- Calling an emergency responder, going to an emergency ward or visiting your regular medical provider will help ensure there is a record of your injury, necessary treatment and proper instruction for follow-up care.
- If you or a loved one is able, you can help protect your ability to seek benefits and/or compensation for your injuries by:
- Taking photos or video of your injuries and the scene of the accident.
- Recording the contact information of anyone involved or any witnesses. You should also record the insurance information of any driver involved in the accident.
- Taking note of anything that might be relevant for a subsequent investigation.
- Limiting what you say to anyone at the scene of the accident and never admitting fault.
- Contacting an experienced pedestrian accident lawyer before calling any insurance providers.
The type of pedestrian accident you experience and where it occurs will have important bearing on whether you are eligible for accident benefits or damages from a tort or pedestrian accident claim. If a motor vehicle was involved in your accident, even if the driver was not at fault, you would be eligible to apply for the Statutory Accident Benefits Schedule, also known as ("SABS").
These payments cover medical and attendant care expenses, lost income, and other benefits. Even if the driver of the vehicle was uninsured or it was a hit and run, you may be able to make a claim for SABS through Ontario’s Motor Vehicle Accidents Claim Fund. The insurance provider must be notified within seven days of the accident, or as soon after as reasonably possible, and a complete application must be returned within 30 days of receiving the forms.
For motor vehicle-related accidents and all other types of pedestrian accidents, if you have private medical insurance or benefits through an employer-paid program, you may also be eligible to receive benefits according to your policy.
If you were not at fault in the accident or only partly at fault, you may be able to file a tort claim for damages against another person for negligence that caused or contributed to your injuries. These claims can:
- Help you recover money spent on expenses related to your injury, disability and/or recovery.
- Award for the pain, suffering and loss of enjoyment of life that resulted from the accident.
Insurance companies may unfairly deny or delay benefits claims or offer you a lowball offer to settle quickly in hopes that you won’t want to make the effort to access all the benefits and damages you may be owed.
Moreover, there can be complicated legal issues you may need to be aware of. For example, pedestrian accidents occurring on municipal properties have different deadlines for filing claims. Gluckstein Lawyers’ pedestrian accident team can help you as you seek what you truly deserve.
The Gluckstein commitment.
As one of the country’s top personal injury law firms, we have the knowledge, experience and skill to represent you in the aftermath of a terrible personal tragedy. With a track record for getting our clients results and a reputation among our peers for our professionalism and ability to handle even the most complex and challenging cases, Gluckstein Lawyers are ready to help in any way we can.
When you contact our pedestrian injuries team for a no obligation, free consultation, we will listen to your story attentively and with empathy. As we explain your rights and options, we will be sure to use understandable, plain language and take as much time as you need to feel comfortable about making an informed choice. If we believe we can help you make a successful claim for benefits or compensation, we will offer to be your trusted legal advocate.
Our Gluckstein Lawyers in Toronto, Ottawa, Niagara, and Barrie are committed to full-circle client care. That means we see you as much more than a case. We see you as a person experiencing what could be one of the most difficult periods in your life. You deserve a fierce advocate who cares about your complete well-being and who will be there to support you even when your legal case concludes.
If you or a loved one has been injured in a pedestrian accident, contact our office to learn more about how we can help you in your time of need.
Related Expertise.
FAQs.
- What is Disability?
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Disability is a broad term that encompasses physical, cognitive, sensory, or mental impairments that may limit an individual's ability to engage in certain activities or perform tasks compared to the general population. Disabilities can be temporary, permanent, or episodic, and they vary in severity and impact on daily functioning.
Disabilities can result from various factors, including congenital conditions, illnesses, injuries, accidents, or age-related changes. The effects of a disability can manifest in limitations related to mobility, communication, cognition, sensory perception, or self-care, affecting an individual's independence and quality of life.
In the context of insurance, such as Long-Term Disability (LTD) coverage, disabilities are typically assessed based on their impact on an individual's ability to work and earn income. Insurance policies define disability criteria to determine eligibility for benefits, considering factors such as medical evidence, functional limitations, and the individual's capacity to engage in gainful employment.
Understanding the nature of disabilities, their diverse manifestations, and the challenges they pose to individuals is crucial for creating inclusive environments, providing appropriate support and accommodations, and promoting equal opportunities for individuals with disabilities in various aspects of life.
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- Why is it important to receive a catastrophic designation?
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Receiving a catastrophic designation after being injured in a personal injury accident in Ontario is crucial for several significant reasons.
A catastrophic designation often leads to increased benefits under the Statutory Accident Benefits Schedule (SABS). This designation can result in higher coverage limits for medical expenses, attendant care, rehabilitation, and other essential services.
Individuals with a catastrophic designation may gain access to specialized medical treatments, therapies, and support services tailored to address the specific needs arising from severe injuries, such as traumatic brain injuries or spinal cord injuries. Catastrophic designations can lead to higher compensation amounts for future care costs, income replacement, and other financial losses incurred due to the catastrophic injury. This financial support is crucial for long-term recovery and rehabilitation.
Having a catastrophic designation ensures individuals receive ongoing support, including long-term medical care, rehabilitation services, vocational assistance, and other resources aimed at promoting independence and quality of life. Recognition of a catastrophic injury through the designation allows individuals to access resources such as adaptive equipment, home modifications, and specialized therapies that can significantly improve their quality of life post-injury.
Receiving a catastrophic designation in Ontario is instrumental in ensuring individuals with severe injuries receive the necessary benefits, care, financial support, and legal advantages required for their recovery, well-being, and overall quality of life.
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- What is considered to be a catastrophic injury?
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A catastrophic injury causes significant and permanent impact or damage to a victim. However, the term catastrophic injury has a specific meaning and is defined by certain criteria when applied to Ontario's Statutory Accident Benefits Schedule (SABS) for motor vehicle accidents.
Some examples of catastrophic injuries according to SABS criteria include:- A severe brain injury;
- Loss of a limb;
- Extreme loss of vision; and
- Paralysis, among other injuries.
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- How do I prove liability in a pedestrian crash was due to someone else's negligence?
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A skilled pedestrian accident lawyer can help you investigate the circumstances of the accident to determine whether another person's negligent actions or inaction caused your injuries. They will review any police reports, surveillance footage or witness accounts to reconstruct what happened, who is liable, and/or what proportion of liability another person has for the accident.
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- What benefits are available if I was involved in a motor vehicle accident while walking?
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Any person injured in a motor vehicle accident may be entitled to Statutory Accident Benefits Schedule compensation, even if they do not hold motor vehicle insurance. These benefits include:
- Income replacement benefits;
- Medical and rehabilitation benefits;
- Attendant care;
- Housekeeping benefits;
- Caregiver benefits.
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- How can Gluckstein Personal Injury Lawyers help pedestrians involved in a motor vehicle accident?
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If you were hit by a careless driver while walking, a pedestrian accident lawyer on our team could guide you through the process of seeking Statutory Accident Benefits through your no-fault auto insurance policy. Additionally, if you can prove that another party’s negligence caused you to suffer severe and permanent physical, psychological, or cognitive injuries, a personal injury lawyer may be able to help seek compensation for your damages through a tort claim.
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- What is the first thing I should I do if I sustained a serious blow to the head during an accident?
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Any accident involving a serious blow to the head should be enough to seek immediate medical care, even if you feel fine in the following hours or days. Damage to the brain does not always produce noticeable symptoms immediately, so it is best to let a medical professional evaluate your cognitive abilities and brain function after an accident.
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- What are the time limits on filing a catastrophic injury claim?
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In Ontario, the time limits for filing a catastrophic injury claim are governed by the province's Limitations Act, 2002.
In Ontario, individuals generally have two years from the date of the accident or the date they discover their injury to file a personal injury claim, including claims related to catastrophic injuries. This two-year period is known as the limitation period.
If the catastrophic injury was not immediately apparent at the time of the accident and was discovered later, the limitation period may start from the date the injury was discovered or when the individual should have reasonably discovered it.
For individuals who were minors (under the age of 18) at the time of the accident, the two-year limitation period begins to run on their 18th birthday. This provision allows minors extra time to bring a claim.
While there are no formal notice requirements for catastrophic injury claims in Ontario, it is advisable to notify relevant parties, such as insurance companies, as soon as possible after the accident to initiate the claims process.
In certain circumstances, there may be exceptions or extensions to the limitation period. For example, if the injured individual lacks the legal capacity to file a claim, the limitation period may be extended. It is crucial to seek legal advice from an experienced personal injury lawyer promptly after sustaining a catastrophic injury in Ontario to ensure compliance with the applicable time limits for filing a claim.
Missing the deadline could result in the loss of the right to seek compensation for the injuries suffered. A knowledgeable personal injury lawyer at Gluckstein Lawyers can help navigate the complexities of filing a catastrophic injury claim within the specified time limits.
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- Why is it important to seek representation from a personal injury lawyer with experience in catastrophic injuries?
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It is crucial to seek representation from a personal injury lawyer with experience in catastrophic injuries. Personal injury lawyers with experience in catastrophic injuries have specialized knowledge and expertise in handling complex cases involving severe and life-altering injuries. They understand the unique challenges and nuances associated with catastrophic injuries, such as traumatic brain injuries, spinal cord injuries, amputations, and severe burns.
Lawyers who specialize in catastrophic injuries not only provide legal guidance but also offer emotional support and guidance throughout the legal process, helping clients cope with the challenges they face. By seeking representation from a personal injury lawyer at Gluckstein Lawyers with experience in catastrophic injuries, individuals can ensure they receive the level of care, expertise, and advocacy needed to navigate the complexities of their case, pursue justice, and obtain the compensation they deserve for the profound impact of catastrophic injuries on their lives.
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- What benefits can I access if my injury is deemed catastrophic?
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If your injury is deemed catastrophic, you may gain access to a range of benefits that can provide crucial support for your recovery and well-being.
Here are some of the benefits you may be able to access:
- Enhanced Medical Benefits.
- Income Replacement.
- Attendant Care Services.
- Housekeeping and Home Maintenance Benefits.
- Rehabilitation Services.
- Transportation Expenses.
- Case Management Services.
- Home Modifications.
- Future Care Costs.
- Legal and Advocacy Support.
By accessing these benefits, individuals with catastrophic injuries can receive comprehensive support to aid in their recovery, enhance their quality of life, and address the long-term impact of their injuries effectively.
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