The Ministry of Transportation reports that pedestrians in Ontario are commonly hit by distracted drivers, drunk drivers, buses, delivery vehicles, and trucks. Other common culprits seen by our Hamilton pedestrian accident lawyers are taxis that fail to drive within posted speed limits, obey stop signs, yield the right of way to pedestrians, or obey other common traffic laws.
Every day in Ontario, many innocent pedestrians of all ages are hurt or killed due to the negligence of careless drivers, and the victims are often children or the elderly. The consequences of being hit by a car as a pedestrian can be tragic and devastating.
The majority of motor vehicle accidents involving pedestrians result in very severe personal injuries and even death. If you or a loved one has been hurt in a Hamilton pedestrian accident or hit by a car, you have an absolute right to financial recovery and protection to help you regain your financial stability and quality of life. Our Hamilton pedestrian accident lawyers represent victims all over Ontario, and we never ask for money upfront.
Since 2003, Hamilton pedestrian accident lawyer Matt Lalande has represented hundreds of victims of all ages who have been hit by cars while walking, running and even in wheelchairs with skill and expertise. We have also represented parents whose children have suffered severe injuries,
If you or a loved one have been injured by a motor vehicle or hit by a car while trying to cross the street, in a parking lot, or anywhere pedestrians and cars are in close proximity, you have rights. Contact our Hamilton pedestrian accident lawyers 24/7 by filling in a contact form, calling us at 905-333-8888, or speaking with our live chat operator, who will help you set up an appointment.
Statistics Canada has reported that in Ontario:
From a traffic standpoint, pedestrian accidents occur for a variety of reasons:
Ultimately, anyone who crosses the street is at risk for a pedestrian accident. Sometimes, drivers are unpredictable or impatient and unwilling to wait for the individual to cross before continuing.
However, certain factors influence an individual’s likeliness of being struck by a vehicle. For example:
Pedestrians hit by cars can suffer major traumatic injuries. Some of the more common life-changing pedestrian injuries that we see include:
Some of the more specific injuries an individual may experience after being struck by a vehicle include:
All of these life-changing injuries can result in detrimental consequences for pedestrian victims, including permanent disability, paralysis, and brain damage. Often, this requires significant medical treatment and recovery, with the potential for long-lasting emotional or mental illness to follow.
Many individuals lose the ability to return to work and suffer from debt due to income loss. Our Hamilton pedestrian accident lawyers can help you navigate this challenging situation and ensure your financial protection.
To put things into perspective, more people have died on Canada’s roadways in the past 50 years than the number of Canadian soldiers killed in both World Wars. Statistics Canada and Transport Canada tell us that in Canada, there are approximately 2900 people killed yearly, or eight daily, on our roadways.
The percentage of wrongful death pedestrian fatalities has remained consistent at approximately 13%. Although there has been a slight decrease in pedestrian/bicyclist deaths overall in Canada since 1990, the number continues to fluctuate in Ontario.
In 2019, CBC News reported that in Toronto, over 80 percent of the pedestrians killed on Toronto’s roads were older adults or seniors. This is because we live in an aging population, with many baby boomers reaching senior age and living longer due to medical advancements.
Yes, as long as pedestrians are abiding by the law, they will have the right of way. All drivers of motor vehicles and bicycles must stop and yield at all pedestrian crossovers until the person is completely off the roadway. Drivers and cyclists can proceed only when pedestrians and crossing guards have crossed and are safely on the sidewalk.
When turning right or left at an intersection, all drivers must wait until a pedestrian has safely crossed the street. Two-thirds of Canadian pedestrian accidents are caused by drivers who do not take proper care to avoid pedestrians crossing the street or fail to obey their duty of care.
Under the Ontario Highway Traffic Act, in pedestrian accident cases, the driver who struck the pedestrian must prove that they exercised their duty of care and did not intentionally or negligently strike the individual.
When an individual crosses the road outside a crosswalk or dedicated crossing area, they are jaywalking. This is not illegal as long as the pedestrian does not interfere with road traffic and crosses in a safe spot, free from oncoming vehicles.
That said, both parties could be found at fault when an accident occurs because the pedestrian was jaywalking. However, the burden of proof is on the driver of a motor vehicle under a reverse onus clause. Due to the difference in size between the motor vehicle and the pedestrian, drivers are often still liable in pedestrian accident cases involving jaywalking.
While you can’t always control everything around you, you can still do your part to prevent becoming involved in a pedestrian accident. Even the simplest things can be easy to forget or overlook, especially if you’re busy or distracted. But, by closely following these steps, you can keep yourself as safe as possible:
There are various financial benefits available to anyone hit by a car to cover such things as medical bills or funeral costs if there was a fatality involved. A Hamilton pedestrian accident lawyer can advise you of your rights and what benefits or compensation your case may be entitled to. You may also choose to file a wrongful death claim, which would seek financial compensation for all eligible surviving family members.
You may also be entitled to financial income losses to help compensate the surviving spouse or child for financial losses due to increased family responsibilities or perhaps even the loss of a dual family income.
If you survived the accident, our Hamilton pedestrian accident lawyers will seek a claim for future health care expenses, loss of wages, compensation for pain and suffering, and compensation to help keep care of your home. If you have been seriously hurt, you will need financial protection.
Pedestrians, runners, cyclists, or people who travel by wheelchair, scooter, or push a stroller are the most vulnerable on the road. All pedestrians are highly vulnerable to injuries and are often placed at risk by various hazards.
With each passing year, the drastic increase in the number of vehicles in Ontario naturally causes increased injuries and fatalities in road traffic accidents. Still, many reasons have nothing to do with simple vehicle volume. For example:
Our Hamilton pedestrian accident lawyers understand that it is never easy to lose a loved one unexpectedly. When the loss results from someone else’s reckless or negligent actions, accepting and coping with the loss can be even harder. Wrongful death in Ontario is a civil matter as opposed to a criminal one. If the pedestrian’s death was caused by the carelessness or recklessness of a motorist, representatives of the victim’s estate or the victim’s surviving family members may be entitled to sue the at-fault party or parties for damages related to the death, including economic and non-economic damages. Families may also be entitled to death or funeral benefits and financial income losses.
This unexpected and tragic occurrence can leave many families facing overwhelming economic burdens while dealing with devastating circumstances. A Hamilton pedestrian accident lawyer can assist your family in this complex process and help alleviate the stress that comes with filing a pedestrian wrongful death claim.
The following individuals may be entitled to sue for compensation in a wrongful death claim if a loved one is killed in a pedestrian accident:
Filing a wrongful death claim is not an attempt at putting a dollar figure on your loved one’s life. Wrongful death claims ensure that the liable parties are held responsible for what they caused and help the family members of the deceased pedestrian financially.
For example, if a spouse was killed and that spouse brought in financial contributions to shared family income, then that income will need to be evaluated and replaced to ensure the surviving spouse doesn’t fall behind on bills or become financially strained.
Unlike an accident involving two vehicles where the onus is on the plaintiff to prove that the defendant was negligent, the onus is reversed when the plaintiff is a pedestrian.
Ontario law recognizes the vulnerability of pedestrians and cyclists through the reverse onus provision in section 193 of the Highway Traffic Act 193(1). When loss or damage is sustained by any person by reason of a motor vehicle on a highway, the onus of proof that the loss or damage did not arise through the negligence or improper conduct of the owner, driver, lessee or operator of the motor vehicle is upon the owner, driver, lessee or operator of the motor vehicle.
The term “motor vehicle” is defined not to include a “motor-assisted bicycle” (commonly known as e-bikes). Therefore, the reverse onus applies when a car strikes an e-bike. Section 193 of the Highway Traffic Act has the following effect in cases where a driver hits a pedestrian or cyclist:
When our Hamilton pedestrian accident lawyers are retained to prosecute your civil case, we will examine all facts leading to the liability in your pedestrian accident. This includes:
Pedestrian accidents often occur at crosswalks, sidewalks, and intersections, and distracted driving is one of the most common causes of accidents that injure pedestrians. Drivers may divert their attention from the road or listen to extremely loud music. They may also be fighting with other passengers or talking to other passengers inside the car.
One of the most common forms of distracted driving involves using a mobile phone while operating a motor vehicle. Texting while driving is one of the most dangerous activities drivers can engage in because it requires them to take their eyes off the road for substantial amounts of time.
Distracted drivers may fail to obey roadway signs such as stop signs, pedestrian crosswalks, and yield signs. Many distracted drivers cross through traffic lights when they are supposed to make a complete stop.
Also, distracted drivers often do not realize they are travelling at a rate of speed well beyond the posted speed limit. In addition, pedestrians are often injured inside parking garages and parking lots because distracted drivers do not watch out for pedestrians walking inside these structures.
Distracted driving is a selfish activity. Drivers who are distracted may pull out of parking spaces without looking for a clear lane. They may also ignore the rearview mirror and back into an unsuspecting pedestrian.
Canadians deserve to use pedestrian crosswalks and sidewalks without worrying about suffering serious or even fatal injuries. Distracted driving is one of the main causes of pedestrian accidents because it is such a dangerous activity, and the effects of distracted driving are unpredictable and often severe.
Drivers who engage in distracted driving simply do not care how their actions may affect other people who need to use Canada’s roadways. Many drivers may not think that texting while driving or listening to loud music constitutes distracted driving, but they are wrong. All forms of distracted driving are equally dangerous and pose a serious risk to pedestrians as well as other drivers.
Unfortunately, distracted driving is sometimes difficult to prove. You need to hire an experienced Hamilton pedestrian accident lawyer to help you discover all the sources of information that may be helpful in proving the facts of your case.
Many insurance companies will try to deny that your injuries happened because of a particular accident. If you hire a competent lawyer, then you can assert your claims with the evidence you need to prove them.
Pedestrian accident victims often suffer serious bodily injury, which can require extensive medical treatment immediately following the pedestrian accident. The costs associated with medical treatment and physical rehabilitation can be devastating to families who do not have extensive financial savings.
Pedestrian accident injury victims may need to pay medical fees and costs until insurance claims and personal injury lawsuits get resolved. Personal injury victims often have to take leave from work as well, and they lose the wages they could have earned had they not suffered injuries. As such, pedestrian accident victims may be entitled to the loss of future earnings if they can no longer perform the duties associated with their profession after they recover from their bodily injuries.
An accident victim may even be permanently disabled due to a severe spinal cord injury or a traumatic brain injury. These costs are often unpredictable because the treatment prospectus may change according to the patient’s overall health and physical condition.
Injury victims who are temporarily or permanently disabled incur another cost: the loss of enjoyment of life. Many of these victims can no longer participate in the hobbies that they enjoyed before suffering their injuries. Activities like sailing, skiing, mountain climbing, and the like may no longer play a part in their lives. The courts consider these costs when calculating damages for personal injury victims.
Personal injury victims are also eligible to recover financial compensation for the pain and suffering they experience due to their personal injuries. The psychological and emotional distress due to serious bodily injury can lead to depression, anxiety, and agoraphobia, among other things. The court will also consider these factors when calculating the total damages.
You may also need to recover financial compensation for job retraining or career change expenses. If you lost an inheritance due to the injuries you suffered, you can also claim damages for this loss. Loss of consortium is another cost associated with personal injury claims. If you lost your companionship with your spouse, you can recover financial compensation for this loss.
The individual circumstances of your specific pedestrian accident injury will determine the exact costs calculated during the progression of your case. An experienced Hamilton pedestrian accident lawyer will help you determine precisely what claims you can make and what damages you may be eligible for, ensuring you receive every last dollar you are entitled to.
Pedestrian accidents are personal injury cases. Injured victims who suffer injuries during pedestrian accidents must demonstrate that the driver of the motor vehicle was operating the motor vehicle negligently. Many different driver behaviours may be considered negligent.
Driving over the posted speed limit is one example of negligent behaviour; injured victims who can demonstrate that a driver struck them while speeding may have a pedestrian accident claim.
Reckless driving is also an example of negligent behaviour. If a motor vehicle operator strikes a victim while driving recklessly, the victim may have a pedestrian accident claim. Reckless driving is sometimes difficult to prove if no witnesses observe the accident or the driver’s behaviour before the accident occurs.
It’s these more complex cases where a Hamilton pedestrian accident lawyer is especially useful as they can help you gather every possible element of compelling evidence to prove negligence. Experienced Hamilton pedestrian accident lawyers are well-versed in the legal complexities and may be able to produce forms of evidence you hadn’t even considered.
If a driver was operating a motor vehicle under the influence of alcohol or drugs and that driver struck a pedestrian, the injured victim would have a pedestrian accident claim. Drivers who are intoxicated cannot drive with a reasonable degree of care. Injured victims often have a pedestrian accident claim if they can prove the driver was under the influence of alcohol or drugs when the accident occurred. This can happen whether or not the driver faces a criminal case for drunk driving.
As discussed above, distracted driving is a highly dangerous activity. If a driver used a cell phone or another device during the accident, the injured victim may have a pedestrian accident claim against the negligent driver.
An experienced Hamilton pedestrian accident lawyer can gather the evidence necessary to prove that a driver was liable for the injuries suffered by a pedestrian. Pedestrian accident cases are not as straightforward as they may at first appear. A professional Hamilton pedestrian accident lawyer can help you understand what types of personal injury claims may apply to the facts of your case.
For example, you may have a premises liability claim related to your pedestrian accident claim. Or, you may have a wrongful death claim because your spouse or family member died as a result of the injuries they suffered during a pedestrian accident.
Drivers have a duty to exercise reasonable care while they drive on roads and highways. If a driver breaches this duty to exercise reasonable care, and the breach is the actual cause of your damages and injuries, then you may be entitled to financial compensation.
Negligence law is flexible and nuanced, so you need a competent Hamilton pedestrian accident lawyer to help you understand the potential strengths and weaknesses of your pedestrian accident case.
If you or a loved one is involved in a pedestrian accident, please follow these steps:
“How do I hire the right Hamilton pedestrian accident lawyer near me?” is a common question. No one expects to need a lawyer, and having a sudden need can be stressful and overwhelming.
Here are some tips for finding a good Hamilton pedestrian accident lawyer:
Hiring a competent and experienced Hamilton pedestrian accident lawyer can help you recover the financial compensation you need to pay medical bills and compensate you for lost wages. Insurance companies will make things difficult and offer you low settlement amounts if you pursue your case without legal representation.
However, if you have a knowledgeable Hamilton pedestrian accident lawyer representing you, it is difficult for insurance companies or insurance claims adjusters to take advantage of you.
Negotiations with insurance companies can be confusing and intimidating to most people, which is why it’s common to end up with low and unfair settlements – or none at all. If you have a lawyer negotiate with the insurance company on your behalf, you can focus on healing from your injuries instead of worrying about what you’ll say and if it’ll be effective. Your lawyer will work hard to prevent the insurance company from using delaying tactics.
Your Hamilton pedestrian accident lawyer will also communicate with the insurance company and prevent them from tricking you into signing waivers or documents preventing you from recovering a just settlement amount.
The right Hamilton pedestrian accident lawyer will not pressure you to accept a settlement offer that is too low. Instead, they’ll spend the time fighting for the maximum compensation possible for your circumstances.
A distant or unapproachable lawyer will not be good for your case either, as you’ll be uncomfortable approaching them or asking for updates. A non-responsive lawyer is also detrimental to your case because you do not want to miss deadlines and deserve prompt responses to important questions.
A Hamilton pedestrian accident lawyer will also ensure your case isn’t dragged out and is settled fairly as quickly as possible. Lastly, a good pedestrian accident lawyer should have your goals in mind. Good lawyers will offer advice but ultimately adhere to your decision to accept or reject a settlement offer. You want to hire a lawyer to keep your best interests in mind throughout the entire representation.
Finding the right lawyer can be difficult as you may not know what to look for. Consider these factors when meeting with and assessing lawyers as you make a decision:
It’s always advisable to have strong legal representation anytime you interact with an insurance company regarding a personal injury claim. Insurance companies do not want to offer you any more financial compensation than they have to.
Many insurance companies will use delaying tactics, hoping the injured victim will accept a settlement offer that does not fully compensate them. When you have the representation of a Hamilton pedestrian accident lawyer, the insurance company will know that they cannot simply delay offering you the settlement you are entitled to under the law.
Hiring an effective personal injury lawyer also gives you leverage. The lawyer can threaten to litigate the matter in court, and insurance companies do not want to pay to litigate a personal injury case. The settlement negotiations will be more efficient if you have the right Hamilton pedestrian accident lawyer on your side.
Hiring a lawyer is a serious decision. If you try to represent yourself, you may not be aware of specific procedures or deadlines that will come up during your case. It is important to remember that insurance companies have their own lawyers, and you may have suffered a catastrophic injury that demands a high settlement amount.
If you forgo hiring a Hamilton pedestrian accident lawyer, you might not obtain the settlement amount your case merits. Also, if you have claims related to permanent or temporary disability, hiring a lawyer is invaluable, as proving future medical expenses is challenging. If you have a lawyer representing you, you can collate all the medical records and test reports you need to prove your claims.
Hiring a lawyer for a pedestrian accident insurance claim will help you put forth the best case you can in your specific circumstances. Pedestrian accidents are common, but this does not mean you should forgo hiring a lawyer.
These claims are still complicated, and you should never try to handle insurance companies and adverse parties on your own, as they will never act with your best interests in mind. Instead, contact our Hamilton pedestrian accident lawyers and learn more about how we can help.
If you were injured due to another driver’s negligence by car, truck, bus, or motorcycle while you were crossing any road, you may be entitled to compensation. At Lalande Personal Injury Lawyers, our compassionate lawyers help pedestrians who motorists have seriously injured.
Our Hamilton pedestrian accident lawyers will review the details of the accident and discuss your legal options during a free consultation. We have specialized in complex personal injury cases since 2003.
Our consultations are always 100% free. Our Hamilton pedestrian accident lawyers can come to you, and we will never ask you for money upfront. Call us today nationwide at 1-844-LALANDE or local in the Hamilton / Southern Ontario Region at 905-333-8888 or fill in a contract form today to learn the compensation that you are entitled to.
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The most common reasons why pedestrian are hit are 1) speeding 2) driving while impaired 3) driving while high 4) driving while distracted 4) driving through a stop sign or red light and 5) right turns into an intersection while looking left.
The most common pedestrian injuries are head injuries, broken bones, broken knees, pelvis and lower extremities, spinal cord injuries, brain trauma, internal injuries and lacerations.
Unfortunately, we cannot answer precisely – as it varies depending on the severity of your injuries and how they interrupt your life and the policy limits of the at-fault driver that hit you. Awards can range from $35,000 to $10,000, depending on the facts of the case.
Mostly in urban areas. The NHTSA reported that 81 percent of all fatal pedestrian accidents occurred in urban areas in 2021. A large number of pedestrian accidents happen in intersections, roadsides, shoulders and parking lots.
We recommend that you ask for referrals through friends, family, and work colleagues. We also recommend searching Google and reading reviews, interviewing several lawyers, and then choosing the lawyer that you feel most comfortable with.
Seek medical attention, collect evidence (photos, witness info), and contact a pedestrian accident lawyer to protect your rights and help you pursue compensation.
The value of your claim depends on factors such as the severity of injuries, medical expenses, lost wages, and pain and suffering. A lawyer can help assess your case.
If the at-fault driver lacks sufficient insurance, you may be able to claim compensation through your own uninsured/underinsured motorist coverage or other sources. Consult an experienced pedestrian accident lawyer for guidance.
Seek medical attention, report the accident to the police, gather evidence (photos, witness information), and consult with a pedestrian accident lawyer as soon as possible. Avoid discussing fault or signing any documents from insurance companies without legal advice.
Evidence such as cell phone records, traffic camera footage, police reports (including field sobriety tests or breathalyzer results), and medical records can help prove driver distraction or impairment. An experienced pedestrian accident lawyer can assist in gathering and presenting this evidence to build a strong case on your behalf.
In Ontario, the general statute of limitations for filing a pedestrian accident claim is two years from the date of the accident. If you miss this deadline, you may be barred from pursuing your claim unless there are exceptional circumstances. It’s crucial to consult with a lawyer promptly to ensure your claim is filed within the limitation period.