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Hamilton Pedestrian Accident Lawyer

SERVING ALL OF ONTARIO, ALWAYS FREE CONSULTATIONS & NO-FEES UPFRONT

Hamilton Pedestrian Accident Lawyer - Serving all of Ontario. Call us today for your Free Consultation.

If you or a loved one has been hit by a car – don’t hesitate to call us now. We specialize in complex pedestrian accident cases, and we will fight to protect your rights and ensure compensation for your losses.

The Ministry of Transportation reports that pedestrians in Ontario are commonly hit by distracted drivers or those using cell phones, drunk drivers, buses, delivery vehicles, and trucks. Other common culprits are taxis who fail to drive within posted speed limits, fail to obey stop signs, fail to yield the right of way to pedestrians or fail to 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 oftentimes, a child or an elderly person is the victim.  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 financial protection to help put you in the place you were before you were hurt. We represent victims all over Ontario – and never ask for money upfront.

Since 2003, Matt Lalande has represented hundreds of victims who have been hit by cars while walking, running and even in wheelchairs with skill and expertise. We have represented parents whose children have suffered serious injuries, kids, grandparents, seniors – victims of all ages.

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 where pedestrians and cars come in close proximity to each other, contact our Hamilton pedestrian accident lawyers 24/7 by filling in a contact form, by calling us at 905-333-8888, or by speaking with our live chat operator who will help you set up an appointment.

How Do Most Pedestrian Accidents Happen in Ontario?

Statistics Canada has reported that in Ontario:

  • 30% of pedestrian fatalities involve pedestrians who are drunk or high
  • 10% of pedestrian accidents are caused by drivers on their cell phones
  • 30% of pedestrian fatalities were due to drivers failing to yield, speeding, losing control, disobeying traffic signals and signs, improper turning
  • 55% of all pedestrians killed in 2016 happened after dark. Visibility is a major contributing factor to pedestrian accidents.

From a traffic standpoint, pedestrian accidents commonly occur:

  • When drivers are speeding or fail to obey posted speed limits
  • When drivers fail to stop at stop signs
  • When drivers are distracted
  • When drivers fail to yield the right of way to pedestrians or people walking
  • As hit-and-run accidents. These incidents are regrettably common, as many drivers tend to panic when they hit a pedestrian, or they are impaired and flee the scene.
  • As intersection-type accidents. Cars can be turning right or left or changing lanes, and drivers may be distracted by their phones, fail to yield, or fail to stop.

Who is at Risk for Pedestrian Accidents?

Anyone who crosses the street is at risk for a pedestrian accident. Sometimes, drivers of motor vehicles can be unpredictable or impatient and not willing to wait for the individual to cross completely before continuing along the road. However, certain factors influence an individual’s likeliness of being struck by a vehicle.

For example:

Children. Young children between the ages of five and nine are most at risk of being struck by vehicles. Their smaller size means that they are not as easily seen by oncoming vehicles. Additionally, children at this age can be unpredictable and may not completely understand traffic laws or how to safely cross the street. Drivers should exercise a greater degree of caution when travelling through areas where children are present in higher numbers, such as parks, schools, and community centers.

Elderly Individuals. Senior citizens account for approximately 36% of all pedestrian accidents and deaths in Canada. Elderly individuals with mobile issues may take longer to cross at intersections, often requiring longer than the light may give. Additionally, senior citizens with cognitive disabilities such as dementia and Alzheimer’s may be affected as they cross.

Pedestrians With Disabilities. Similar to elderly individuals, disabled individuals sometimes require more time to cross the street if they walk with assistive devices such as wheelchairs, canes, or walkers. This leaves them more vulnerable when they cross the street.

Individuals Walking at Night. At night, visibility significantly decreases. Anyone crossing the street at night may not be seen by oncoming cars and must exercise greater caution when travelling by foot. If you know you’ll be on foot at night, it’s advisable to wear bright, reflective clothing that allows oncoming vehicles to see you long before they’re close enough to hit you.

What are Common Pedestrian Accident Injuries?

Pedestrians that are hit by cars can suffer major traumatic injuries. Some of the more common life-changing pedestrian injuries that we see include:

Severe orthopedic fractures. Among the most common injuries are severe fractures. These broken bones often require surgery, including plates, screws, and nails.

Life-threatening internal injuries and mid-body injuries. Biomechanical studies have shown that the odds of pedestrian injury or death when struck by light trucks and vans are much higher because of their height – they cause significant mid-body injuries and potential damage to internal organs.

Severe tendon tears. This includes things like rotator cuff tears and ligament/tendon tears.

Traumatic brain injuries. In Ontario, the majority of pedestrians who suffered severe injuries from being hit by a vehicle reportedly sustained moderate to severe head injuries.

Catastrophic injuries. Many pedestrians who are hit by cars in Ontario suffer catastrophic injuries, which entitles the victim to enhanced access to rehabilitation for life.

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 loss of income.

How Dangerous are the Roadways in Hamilton?

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 8 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 so far this year are older adults or seniors – which is because we are living in an aging population with many baby boomers reaching senior age and living longer due to medical advancements. 27 pedestrians have been hit and killed by drivers of various types of vehicles, according to the latest police figures. Of those, 22 were people aged 55 and over — 81% of the total — including fifteen who were seniors aged 65 and up, making up more than half of all those people killed.

Do Pedestrians Have the Right of Way in Hamilton?

All drivers of motor vehicles and bicycles must stop and yield at all pedestrian crossovers until the person is completely off the roadway. Only when pedestrians and crossing guards have crossed and are safely on the sidewalk can drivers and cyclists proceed.

At crosswalks, designated intersections, and other pedestrian crossings, pedestrians have the right of way as long as they are abiding by the law. All drivers must wait until a pedestrian has safely crossed the street when turning right or left at an intersection. Two-thirds of Canadian pedestrian accidents are caused by drivers who do not take proper care to avoid pedestrians crossing the street or who fail to obey their duty of care. Under the Ontario Highway Traffic Act, in pedestrian accident cases, the driver who struck the pedestrian is required to prove that they exercised their duty of care and did not intentionally or negligently strike the individual.

When an individual crosses the road outside of a crosswalk or dedicated crossing area, they are jaywalking. This is not illegal as long as the pedestrian is not interfering with road traffic and is crossing 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 nature of the difference in size between the motor vehicle and the pedestrian, drivers are often still held liable in pedestrian accident cases that involve jaywalking.

Pedestrian Safety Tips

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 feeling busy or distracted. But, by closely following these steps, you can keep yourself as safe as possible:

  • Always use crosswalks and closely follow traffic signals and signs.
  • Don’t try to run across an intersection if there are only a few seconds left on the pedestrian crossing countdown.
  • Make eye contact with drivers before crossing; this ensures they know you’re there and can see what you’re doing.
  • Wear bright and reflective clothing, especially if you’re on foot at night.
  • Always walk on sidewalks instead of the road whenever possible. If there are no sidewalks, walk facing traffic and stay as far away from the traffic as possible.
  • Avoid distractions like phones and loud music when walking near moving cars and especially when crossing the street.
  • If a crosswalk is not available, wait until you find a well-lit area with a good view of oncoming traffic before crossing.
  • Watch for vehicles entering or exiting driveways.
  • Avoid walking if you’re under the influence of alcohol, this impairs your judgement and slows reaction time.
  • If walking with children, always hold their hands and keep them close to you.

What am I Entitled to if I Have Been Hit by a Car?

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 they suffer due to increased family responsibilities or perhaps even the loss of a dual family income. If you survived the accident, our lawyers will seek a claim for future health care expenses, loss of wages, compensation for pain and suffering, as well as compensation to help keep care of your home. If you have been seriously hurt, you will need financial protection.

Common Causes of Pedestrian Accidents in Hamilton

Pedestrians, runners, cyclists, or people who travel by wheelchair, scooter, or push a stroller are the most vulnerable ones on the road. All pedestrians are extremely vulnerable to injuries and are often placed at risk by a variety of hazards.

The drastic increase in the number of vehicles in Ontario with each passing year naturally causes an increase in injuries and fatalities in road traffic accidents, but many reasons have nothing to do with simple vehicle volume. For example:

  • Increased number of commuters
  • People are driving faster
  • People are distracted
  • Drivers are on their phones
  • Pedestrians are on their phones
  • Hidden or obscure crosswalks
  • Cars are quieter than they used to be
  • Speed limits in certain communities are increasing
  • Cyclists using improper lanes
  • Unmarked crosswalks
  • Negligent left-hand turns
  • Infrastructure – pedestrians are more likely to be hit in areas where traffic lights are not that well maintained or there are not enough sidewalks
  • Poor lighting
  • Fatigued drivers
  • Lack of proper signage

Pedestrian Accident Wrongful Death Claims in Hamilton

pedestrian accident law firm

We understand that it is never easy to lose a loved one unexpectedly, and when the loss is the result of someone else’s reckless or negligent actions, it can be even harder to accept and cope with the loss. 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, as well as 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 in the event that a loved one is killed in a pedestrian accident:

  • Spouse
  • Children
  • Parents
  • Grandparents
  • Siblings

Filing a wrongful death claim is not an attempt at putting a dollar figure on your loved one’s life. Wrongful death claims make sure 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.

Pedestrian Accidents: Who’s at Fault?

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 (or cyclist). 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:

  • The defendant is presumed to be negligent
  • The defendant bears the onus of proving he or she was not negligent
  • The reverse onus is not displaced merely by a defendant giving some evidence that he or she was not negligent
  • The evidence to disprove negligence must be credible and persuasive to the extent that it satisfies a Judge or Jury that the defendant did not cause the accident by his or her negligence
  • If the issue is in doubt or if the evidence is even, the defendant will be liable
  • Proof by a defendant that the plaintiff was contributory negligent does not discharge the onus

Facts to Consider When Determining Driver Negligence in Pedestrian Accident Cases

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, such as:

  • Driving at excessive speed
  • Failing to keep a proper lookout/inattentiveness
  • Failing to adjust speed according to weather, visibility and the road conditions
  • Failing to ensure that the vehicle is functioning properly or specific knowledge of the vehicle’s limitations
  • Failure to apply brakes or take other evasive action
  • Failing to yield the road to a pedestrian when on a crosswalk
  • Failure to sound the horn
  • Failure to stop or slow down when other vehicles are seen to do likewise
  • Failing to yield the road to a pedestrian outside the crosswalk when it is obvious that the pedestrian is not going to yield the road to the vehicle
  • The presence of other pedestrians
  • Pedestrian behaviour
  • Particular knowledge of an intersection which should have caused the driver to act differently
  • Failing to obey the traffic rules (suddenly changing lanes; driving against a red light; not stopping at the stop sign; failing to turn on the turn signal, etc.)
  • Driving while intoxicated
  • Driving while distracted (using a cell phone, talking to the passengers, etc.)
  • Failing to observe surrounding circumstances ( ongoing public events; presence of children or elderly people around, etc.) and exercise increased caution proceeding through the area
  • Knowledge of the presence of crosswalk/school/playground area
  • Location of parked cars (knowledge that pedestrians looking to get to their cars or exiting their vehicles) or other vehicles (i.e. taxi and expectations of pedestrian movement related to same)

Distracted Driving is a Main Cause of Pedestrian Accidents

Pedestrian accidents often occur at crosswalks, sidewalks, and intersections. 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 at these traffic lights.

Also, distracted drivers often do not realize they are travelling at a rate of speed well beyond the posted speed limit. 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.

What are the Costs of a Pedestrian Accident Injury?

Pedestrian accident victims often suffer serious bodily injury, often requiring 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. Many victims may also 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 overall health and physical condition of the patient. Also, injury victims who are temporarily or permanently disabled also 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 the lives of these victims. 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, then you can claim damages for this loss as well.

Loss of consortium is another cost associated with personal injury claims. If you lost the companionship you had with your spouse, then 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 exactly what claims you can make and what damages you may be eligible for; ensuring you receive every last dollar you are entitled to.

How Do You Know If You Have a Pedestrian Accident Case?

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 in excess of 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 difficult 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 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 was using a cell phone or another device when the accident occurred, 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 be applicable 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 pedestrian accident lawyer to help you understand the potential strengths and weaknesses of your pedestrian accident case.

What to do Immediately After a Pedestrian Accident

If you or a loved one is involved in a pedestrian accident, please follow these steps:

  • Call 911 and wait for police and paramedics to arrive.
  • Seek immediate medical attention, even for injuries that seem minor.
  • Get contact and insurance information for the driver(s) involved.
  • Take photos of the accident scene and any injuries you’ve sustained.
  • Contact a pedestrian accident lawyer right away, and speak with them before speaking to an insurance adjuster.

How do I Find the Right Hamilton Pedestrian Accident Lawyer Near Me?

“How do I hire the right Hamilton pedestrian accident lawyer near me?” is a very common question.

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.

If you have a knowledgeable lawyer representing you, then it makes it difficult for insurance companies or insurance claims adjusters to take advantage of you. A good pedestrian accident lawyer will gather all the necessary medical evidence and documents for your case. Also, a Hamilton pedestrian accident lawyer will represent you throughout the case and do everything in their power to get you the compensation you deserve. This includes negotiating with insurers on your behalf and representing you in court if necessary.

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 that will prevent 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 you deserve a prompt response to important questions.

A good 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 who will 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. Keep these factors in mind when meeting with and assessing lawyers as you make a decision.

Why do you Need a Lawyer for a Pedestrian Accident Insurance Claim?

It’s always advisable to have strong legal representation anytime you must interact with an insurance company regarding a personal injury claim. Insurance companies do not want to offer you any more financial compensation than they absolutely 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 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 in court. 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, then you might not obtain the settlement amount that 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, then 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 possibly 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, reach out to our lawyers and learn more about how we can help.

If you or a Loved one has Suffered Serious Injuries in a Pedestrian Accident, our Hamilton Pedestrian Accident Lawyers 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 have been seriously injured by motorists.

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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Pedestrian Accident FAQ

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.

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