Pedestrian vs. Motor Vehicle Accidents

The effects of a pedestrian accident can be life changing. At Advocai, we will help you navigate this stressful process to ensure that you get the compensation you deserve and can get back to living as fully as possible. We provide free consultations to help you understand your rights, the value of your claims and how our services work.

Potential Injuries from a Pedestrian-Motor Vehicle Accidents

Pedestrian vs. motor vehicle accidents cause a variety of injuries. Common injuries suffered by pedestrians include:

  • Traumatic brain injuries (TBI)
  • Back, neck, and shoulder injuries
  • Knee, foot, and ankle injuries
  • Spinal cord injuries and paralysis
  • Fractures and broken bones
  • Internal injuries
  • Scars and disfigurement
  • Limb loss
  • Whiplash
  • Lacerations, bruises, and road rash
  • Soft tissue injuries
  • Post Traumatic Stress Disorder (PTSD)
  • Other injuries or impairments

While some injuries are obvious to the naked eye, others such as TBI and PTSD, are often invisible to all but the accident victim.

As a result of these injuries, pedestrian accident victims are forced to endure losses including: pain and suffering; loss of income; loss of earning capacity; medical and rehabilitation bills; therapy costs; housekeeping costs; and more.

How do Legal Claims in Pedestrian Accident Cases Work?

There are two different claims that arise from pedestrian accidents. The first is a lawsuit against the at-fault driver. The second is a claim for no-fault statutory accident benefits (typically referred to as “accident benefits” or “A.B. claims”).

  1. The Lawsuit: A lawsuit against the at-fault driver is known in the legal community as a tort claim. You are suing the negligent driver for compensation for your injuries, such as pain suffering, healthcare expenses, lost income, and other losses relating to the accident.When a pedestrian is hit by a car or motorcycle, there is a presumption that the driver was at fault for the accident. This means there is an onus on the driver to prove they were not at fault; but, this does not mean pedestrians will never be found to bear some responsibility for the accident.Tort claims involving pedestrians can often be settled early in the litigation process directly with the insurance company of the at-fault driver. If a settlement with the insurance company does not take place in the first two years after the accident the claim will need to proceed to formal litigation which could entail examinations for discovery, mediation, pre-trial or trial. The vast majority of pedestrian personal injury cases in Ontario will settle prior to trial.Typically, you will receive compensation from the lawsuit only once you settle your claim or win in court.
  1. The Accident Benefits Claim: If you have an auto insurance policy you claim accident benefits from your own insurer; but, accident benefits are available to everyone who is involved in a car accident in Ontario – even if you don’t have a car or insurance policy.Accident benefits are designed to help pay for the immediate costs of being in a car accident. The accident benefits insurer will pay for benefits for medical bills, rehab expenses, PSW expenses, income replacement benefits and more. The amount of benefits you are entitled to depends on the severity of your injuries.While accident victims can receive benefits/payments for treatment and income lost starting shortly after the accident – it is also possible to settle your accident benefits claim for a lump sum after the one-year anniversary of the accident. Accident benefits insurers are often willing to settle cases for a lump sum, but they cannot be compelled to do so.

Timeframe for Bringing your Claims

Timeframes are very important when it comes to pedestrian accidents. We recommend that you apply for accident benefits as soon as possible after the accident (or as soon as possible after you hire a lawyer).

If you intend to file a lawsuit against the negligent party who caused the accident, you have two years from the date of the accident to file a lawsuit. If negligence arises out of defects on the road surface or snow-covered roads, you only have 10 days to notify cities and municipalities that a lawsuit is pending.

Why You Need a Personal Injury Lawyer after a Pedestrian Accident

An experienced personal injury lawyer will work quickly to help get you the most possible compensation while limiting your stress and helping you get back to regular life. It is vital to hire a personal injury lawyer as soon as possible so your claims start on the right foot. There are many subtle pitfalls that can come with attempting to deal with claims on your own.

At Advocai, we are dedicated to providing high-end advocacy that maximizes our clients’ compensation. We provide free and no obligation consultations to help potential clients  understand the value of their claim and how the legal process works.

How we Work

  • We provide high-end personalized service.
  • Your primary point of contact will be a highly skilled lawyer (not a paralegal, law clerk or assistant).
  • We work on contingency, which means that we don’t get paid unless you do.
  • We offer fair and competitive fees.
  • We work tirelessly to obtain the maximum compensation for you.
  • We strive to help you return to your life in the fullest way possible, both physically and financially.
  • We are dedicated to making the litigation and rehabilitation process as stress free as possible.

If you have been in an accident as a pedestrian and are seeking legal representation, please contact us today.

Ready to find out more?

Contact us for more information about our services and to discuss your claim.