Being hit by a car as a pedestrian is a traumatic and often life-changing event. Understanding the next steps to take is crucial for your health, safety, and legal protection. This guide provides a comprehensive overview of what you should do if you or someone in your family is involved in such an accident.
Immediate Steps to Take at the Scene
- Ensure Safety and Seek Medical Attention: Your immediate safety is the top priority. If possible, move to a safe location away from traffic. Call 911 for emergency medical assistance, even if your injuries seem minor. Some injuries may not be apparent right away but can still require prompt treatment. So, it’s important to get checked by medical professionals.
- Gather Information: If you can, collect the driver’s details, including their name, contact information, license plate number, and insurance details. Also, if you are capable of doing so, gather contact information from witnesses and take photos of the accident scene, the vehicle involved, and your injuries. If you’re too injured to do this yourself, consider asking a witness/bystander to assist you. This information will be crucial for any legal actions and insurance claims.
- Report the Accident: It’s essential to notify the police and file an official report. The police report will serve as a key piece of evidence should you need to pursue legal action or insurance claims.
Medical and Legal Follow-Up
- Seek Comprehensive Medical Evaluation: After receiving initial medical care, follow up with your doctor for a thorough evaluation. Document all medical visits, treatments, and expenses. This detailed medical record will be vital for supporting any compensation claims.
- Consult with a Personal Injury Lawyer: It’s important to consult with a personal injury lawyer who specializes in pedestrian accidents. They can help you understand your rights, evaluate the potential for a claim, and guide you through the legal process. Advocai LLP offers free consultations to help you determine the best course of action.
- Notify Your own Insurance Company: You can contact your own auto insurance company (if you have one) to notify them of the accident as your own insurer is first in priority for administering your accident benefits claim. We strongly recommend that you hire a lawyer before you submit a claim for accident benefits or provide any details aside from the names of the parties and date of the accident to your insurer. A reputable personal lawyer will manage all aspects of your accident benefits claim including the application process. We recommend that you do not make any verbal, written or recorded statements to any insurance companies without first consulting a lawyer.
Understanding Liability and Compensation
Who’s Liable? In Ontario, the law states that a driver who hits a pedestrian is assumed to be at fault and will bear the burden of proving otherwise. That said, pedestrians can be partly or fully at fault depending on factors such as traffic signals, road conditions, and the actions of both the parties involved. Defendant drivers often try to argue that an accident was impossible to avoid. So, it is important to consult with a lawyer as soon as possible so they can properly investigate the accident and obtain helpful evidence. Witness statements are best obtained by a personal injury lawyer as soon as possible after an accident – when the memory is still fresh in the mind of the witnesses.
Types of Compensation
As a pedestrian hit by a car, you may be entitled to various forms of compensation, including:
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- Pain and Suffering: Damages for physical pain and emotional distress.
- Lost Wages: Compensation for past and future lost income or wages due to injury.
- Medical, Rehabilitation and Care Expenses: Costs of past and future medical and rehabilitation related treatment that is not covered by OHIP as well as care costs (for example: PSW care).
- Housekeeping and Home Maintenance: Costs for past and future housekeeping or home maintenance support services if your injuries prevent you from performing these chores/responsibilities.
Navigating the Aftermath
Being hit by a car as a pedestrian can be a traumatic experience, but knowing the right steps to take can make a significant difference in your recovery and legal protection. Prioritize your health, gather as much information as possible, and seek professional legal advice to ensure you receive the compensation you deserve. Advocai LLP is here to support you through every step of this challenging process, offering expert legal guidance and compassionate support.
If you or someone you know has been hit by a car as a pedestrian, contact Advocai LLP for a free consultation to discuss your case and explore your legal options.
Preventative Measures and Safety Tips
Pedestrian Safety Tips: While prevention won’t help with past incidents, knowing safety tips can prevent future accidents:
- Always use designated crosswalks and obey pedestrian signals.
- Stay alert and avoid distractions such as mobile phones.
- Wear visible clothing, especially in low-light conditions or bad weather.
Educate Yourself on Local Laws
Understanding the local traffic and pedestrian laws can help you stay safe and aware of your rights in the event of an accident. Familiarize yourself with Ontario’s specific regulations regarding pedestrian safety and rights.