 Collisions involving pedestrians in Toronto and elsewhere in Ontario are, unfortunately, quite common and have have been on the rise. Ontario pedestrian collisions occur in roadways, crosswalks, intersections and, often times, in driveways and parking lots. Pedestrians and cyclists involved in accidents with motor vehicles often sustain serious injuries, including serious orthopedic injuries, catastrophic injury or even death.
Ontario Drivers Owe Duty of Care to Pedestrians In Ontario, motorists owe a duty of care to pedestrians. When a pedestrian is struck by a car or other motor vehicle in Ontario, there is a presumption of negligence against the driver of the motor vehicle. This is unlike the law that usually applies to motor vehicle negligence cases and is known as a reverse onus. The authority for the reverse onus for pedestrian accidents comes from Ontario's Highway Traffic Act. As such, the driver and owner of the motor vehicle that strikes a pedestrian in Ontario will have the onus of proving that they were not negligent in the operation of the motor vehicle. Although the reverse onus makes it somewhat easier for pedestrians and cyclists injured by a motor vehicle, it is a mistake to assume that these are easy cases. Because of the potential exposure for damages, pedestrian motor vehicle collisions in Ontario are often vigorously defended by auto insurance companies. Be A Defensive Driver Defensive driving means being aware of your surroundings and anticipating circumstances before they arise. A defensive driver will be aware of people who walk, bicycle, operate a wheelchair, roller-blade or ride an electric scooter. Drivers should especially give particular attention to young children who may be playing near or in the road. In residential neighborhood and school zones, drivers should assume that children will be present and drive accordingly. Unlike mature and experienced pedestrians, children are often less capable of paying attention for vehicles and looking out for their own safety. Pedestrians are not protected by seat belts or air bags or the exterior of the vehicle. As such, pedestrian accidents can result in serious injuries even at low impact speed. If you have been involved in a pedestrian collision, you may benefit from the advice of an Ontario personal injury lawyer. Early preservation of facts and witness accounts is important to the issue of liability. The personal injury lawyers at Iacobelli Law Firm provide compassionate, professional and effective legal counsel for injured pedestrians. We also offer a FREE Consultation so please feel free to call us at 1-866-234-6093 or complete our online contact form here. We are honoured to serve our clients and our community . Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death.
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 A 25 year old female pedestrian was seriously injured as a result of being struck by a car on Wednesday March 4, 2015. This Toronto pedestrian accident occurred near Finch Avenue East and Seneca Hill Drive at around 7:00 pm on March 4, 2015.
According to early information released by police, a Nissan Pathfinder and Nissan Maxima collided at the intersection. The second car then hit the 25-year-old woman, who had been in the southeast area of the intersection. The woman was transported to hospital with life-threatening injuries. Following the pedestrian collision, the driver of the Pathfinder fled the scene on foot, making this a hit and run accident. Anyone with information is asked to contact Toronto Police. First and foremost, we sincerely hope that the young woman injured in this Toronto pedestrian accident will make a complete recovery from her injuries. This has been a particularly tragic week for pedestrians in Toronto and the GTA. Unfortunately, when pedestrians are struck by cars and trucks, the outcomes are often catastrophic. Pedestrians and their family members do have rights to claim some of their losses following an accident. While the insurance claims process is probably the last thing anyone wants to think about following a serious accident, it is something that must be considered. Unfortunately, our auto insurance laws are complex and have time limits. Failing to act promptly can have significant consequences on your rights. After a serious accident, it is important to have a lawyer working with you to protect your rights and ability to access benefits and make claims for your losses. Iacobelli Law Firm is an experienced pedestrian accident personal injury law firm. We will meet with you for a Free Consultation to explain your rights and options following a serious accident. To schedule your free consultation, call us at 416-900-1070 or complete our online contact form here. Connect with Andrew Iacobelli on Google+ Toronto Injury Lawyer Reminds Drivers to Use Caution in School Zones and Community Safety Zones2/27/2014
 With young children in elementary school and pre-school, I have occasion to be in school zones and community school zones regularly. I drive my children to school in the morning. The areas around the school are clearly designated as school zones and community safety area, with reduced speed limits. There are elementary school kids and high school children walking to school in plain view. Despite the signs, and the presence of kids, some drivers continue to speed through the areas as if they are on a rural road. Many of these drivers are travelling at more than double the posted speed limit.
As a personal injury lawyer serving Toronto and the GTA, I have seen far too many tragic cases involving school children and other pedestrians struck by cars. There are good reasons for motorists to be warned to slow down and exercise caution near schools. One important reason is that kids simply are not as experienced as adults and, generally, kids are less able to protect themselves from the dangers of vehicle traffic. We all know that children do not appreciate and recognize dangers the same way that an adult does. In fact, a child's brain has not fully developed the capacity for good judgement. The responsibility in a school zone rests with the drivers - we all need to do our part to keep kids safe as they walk to and from school. Although most everyone would agree with this point, the reality is that cars and trucks speed near schools every day. Sometimes, when I see a speeding vehicle in the vicinity of school children, I silently wish a police car would be nearby to give a ticket or a warning. There are no police in sight. Is there any more important time or place for police to be patrolling speed than during those hours when kids are going to and from school? I don't think any driver is a fan of speed traps, but I would welcome police presence around schools ever single day when school is in session. Yes, police should be present in school zones every single day when school is in session - not on an occasional or random basis or as part of an awareness campaign. I think that if drivers regularly observed police near school and community safety zones, driver habits would change. Drivers would pay more attention to the school areas, and reduce speeds. What do you think? Post your comments and let me know your thoughts. Connect with Andrew Iacobelli on Google+  The news of the accident that claimed the life of a beautiful young girl, Violet Jia Liang, stunned and angered many in the GTA. Violet Jia Lang was on her way to start her first day in the 10th grade at C.W. Jeffreys Collegiate when she was struck by a left turning construction truck. The collision occurred just before 8 a.m. at the intersection of Sentinel Rd. and Lamberton Blvd., in front of Elia Middle School.
First and foremost, the staff at Iacobelli Law Firm offers our sincere condolences to the family and friends of Violet. We are saddened by the news of this loss, and wish you strength and courage during this most difficult time. The facts of this accident are all too familiar for residents of Toronto and the GTA. In the past year, Violet's death marks the second tragic death of a child as a result of a truck in a residential area of Toronto. On March 8, a 5-year old child, Kayleigh Callaghan-Belanger, was killed by a city garbage truck. In light of these recent traffic accident fatalities involving children and trucks, some city councillors are calling for increased safety measures in school zones. We agree that something should be done to improve safety for children walking to and from school. This tragic loss also serves as a reminder to all drivers to use extra caution when driving near schools and residential areas. This is particularly important during the morning and afternoon hours when children are walking to and from school. In many parts of Ontario, local police forces have increased presence in school zones this week. We encourage police forces to increase patrols and speed enforcement within school zones throughout the school year. Iacobelli Law Firm is an Ontario personal injury and wrongful death law firm. We representing the families of those that have lost loved ones in fatal accidents throughout Ontario. If you have lost a loved one or have sustained serious injuries as a result of a car accident, contact us for a free consultation at 416-900-1070 or 1-866-234-6093 or complete our online contact form here. Connect with Andrew Iacobelli on Google+ A female pedestrian was struck by a vehicle in Richmond Hill, Ontario. The pedestrian reportedly sustained critical injuries as a result of this Richmond Hill pedestrian accident. According to early reports this Richmond Hill accident occurred on the evening of Wednesday August 14, 2013. First and foremost, Iacobelli Law Firm wishes the injured woman a complete and speedy recovery from the injuries sustained in this accident. The York Regional Police were investigating the circumstances for the accident. Richmond Hill Ontario Pedestrian Accidents and the LawAs an Richmond Hill Ontario personal injury lawyer, we are often asked whether an injured person has a right to compensation following a Richmond Hill pedestrian accident. The answer is Yes. Pedestrians injured in car accidents in Richmond Hill, or anywhere else in Ontario, have the right to seek compensation. These claims are typically paid by insurance companies. To learn more about your rights following a Ontario pedestrian accident, visit our frequently asked questions page here.
Iacobelli Law Firm practices exclusively in the area of personal injury and insurance claims. We can help if you or a loved one has been seriously injured in a pedestrian accident. To request a free consultation, call us at 416-900-1070 or 1-866-234-6093 or complete our online contact form here. Connect with Andrew Iacobelli on Google+ Injury Lawyer: Can I Claim Accident Benefits After a Pedestrian or Bicycle Accident If you are a pedestrian or cyclist that is injured as a result of a motor vehicle accident in Ontario, you can claim compensation from your auto accident benefits insurance company. This is referred to as no-fault benefits or accident benefits. If you do not have you are not insured under an auto insurance policy, you can receive accident benefits from the insurance policy of the vehicle that was involved in the accident with you. In addition to accident benefits, whenever a pedestrian or cyclist is hit by a motor vehicle they may also be entitled to make a claim against the at fault driver. This claim depends upon the ability to prove at least some fault on the part of the other vehicle, and is often referred to as a tort claim. Learn more about your right to claims for compensation following a pedestrian or bicycle accident in Ontario: Accident Benefits from your own automobile insurance policy or from the insurance for another vehicle involved in the accident Tort Claim against the at-fault driver for compensation, including damages that are not available through accident benefits, such as pain and suffering. If you or a loved one has been injured as a result of a pedestrian accident in Ontario, contact a personal injury lawyer to learn about your rights. Iacobelli Law Firm is a dedicated Ontario personal injury law firm that represents the victims of pedestrian accidents throughout Ontario. Call us for a free consultation and case review, or complete an online contact form here. Richmond Hill Ontario Personal Injury Lawyer: Pedestrian Accidents With the arrival of spring and the improving weather in Ontario, more people will be walking and cycling in the greater Toronto area. Walking and riding bikes are not only good for your health, but also good for the environment. When heading out for a bicycle ride or walk, remember the importance of being safe at all times. Pedestrians can often sustain serious or fatal injuries when involved in a collision with a motor vehicle. Although all pedestrians are at risk for injury or death from accidents, the Centers for Disease Control and Prevention (CDC) identifies that some people are at higher risk. According to the CDC report, male pedestrians are more likely to die or be injured in a motor vehicle crash, while teens and young adults (ages 15-29 years) are more likely to be treated in emergency departments than any other age group. It was also observed that the rate of pedestrian death increases with age. There are steps that we can all take to remain safe while walking. This includes, using designated crosswalks whenever crossing the street, and increasing visibility by wearing bright coloured clothing or reflective items. Also, do not assume that a car or truck will stop and yield simply because you have the right of way. Wait and be sure that the driver sees you before crossing. If you or a loved one has been injured as a result of a pedestrian accident in Ontario, contact a personal injury lawyer to learn about your rights. Iacobelli Law Firm is a dedicated Ontario personal injury law firm that represents the victims of pedestrian accidents throughout Ontario. Call us for a free consultation and case review, or complete an online contact form here. Connect with Andrew Iacobelli on Google+ " 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  Ontario Pedestrian Accident Lawyer In Ontario, the Highway Traffic Act creates a reverse onus on a driver who impacts a pedestrian on a public roadway. This reverse onus provision is outlined in section 193(1), which provides as follows:
"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" Therefore, a driver that causes injury to a pedestrian in Ontario is presumed negligent and has the burnden of proving otherwise. This is significant, as most negligence claims put the burden of proof on the injured party. Pedestrian accidents are an exception. Although the reverse onus in Ontario pedestrian accidents is beneficial to injured pedestrians, it does not guarantee sucess in a pedestrian accident claim. It simply provides that a driver must establish in court that they acted reasonably. Because of the reverse onus, pedestrian accidents are often vigorously investigated by the driver's insurance company. The insurance companies understand that, in order to defeat a pedestrian claim, it is important to secure evidence early. As such, it is not uncommon for insurance companies to interview the involved parties, witnesses and even the investigating officers. If you are a pedestrian that has been hit by a car or truck in Ontario, you should not speak with the other driver's insurance company as anything you say can be used to defeat or limit your claim. It is important to speak with an experienced Ontario pedestrian accident injury lawyer early before speaking with insurance representatives. For a free consultation with a pedestrian accident lawyer, contact Iacobelli Law Firm at 416-900-1070 or toll free at 1-866-234-6093 or fill out our online contact form here. We provide free, no obligation, consultations to prospective clients. https://plus.google.com/106582908738218648896?rel=author Personal Injury Lawyer Discusses Recent Pedestrian Accidents in Toronto and York Region Ontario11/2/2012
Fatal Pedestrian Accidents in Toronto and Richmond Hill Ontario on November 1, 2012.Sadly, the start of November in Toronto was marked with a number of tragic pedestrian and motor vehicle accidents. On November 1, 2012, pedestrians were killed in accidents in Toronto and Richmond Hill, Ontario. There were other serious accidents involving pedestrians in Toronto and the surrounding areas, including an accident involving children.
The recent weather conditions in Toronto may have something to due with the increase in pedestrian accidents. The frequency of Toronto pedestrian accidents increases with poor weather and poor lighting conditions. As such, many pedestrian accidents occur when it is raining and overcast, as well as during non-daylight hours. Following a serious but non-fatal pedestrian accident, the immediate concern is your medical care and recovery. In fatal pedestrian accidents, the family is grieving. The aftermath of a serious pedestrian accident is no doubt a difficult time for those affected. While difficult, it is important to make the effort to consult with a Ontario personal injury lawyer. A personal injury lawyer can assist with far more than the filing of claims with insurance companies. Experienced personal injury lawyers will likely be familiar with the injuries sustained and may be able to provide guidance with respect to available treatment. An experienced personal injury lawyer will also be able to assemble a support team that will compliment the medical care you are receiving through the hospital, which may include occupational therapists, case managers, physiotherapists, speach patholagists, psychologists and other needed treatment providers. Many of these services are not covered by OHIP, so it is important to have an experienced personal injury lawyer to help you access funding for the services you will need in order to maximize your recovery. If you would like a free consultation with a Toronto and Ontario Personal Injury Lawyer, contact Iacobelli Law Firm. We have offices in Toronto and Richmond Hill, Ontario. We are also available to meet at your hospital or home. Pedestrian Hit by Vehicle in Whitchurch-Stouffville: Driver of Vehicle Fails To Remain At Scene10/18/2012
The York Regional Police are asking for the assistance of the public in identifying the driver and/or vehicle involved in a pedestrian accident that occurred in the Town of Whitchurch-Stouffville on Wednesday, October 11, 2012, at approximately 10 pm.
This hit-and-run pedestrian accident involved a 32-year-old woman. The female pedestrian was walking on Main Street, crossing at Ninth Line in the Town of Whitchurch-Stouffville when she was struck by a vehicle. The unidentified driver did stop after the accident, but did not provide any information to the victim before departing the scene. The female pedestrian was also assisted by a man who may have witnessed the incident. The victim of this hit-and-run pedestrian accident sustained serious injuries. Iacobelli Law Firm offers its support to the woman who was injured in this Stouffville pedestrian accident. We hope that she will make a quick and complete recovery. This pedestrian accident in Whitchurch-Stouffville, raises important issues and questions about the rights of a victim to make insurance claims for losses following a hit-and-run accident. Many people incorrectly believe that, if a vehicle flees the scene and is never located or identified, their benefits are limited to statutory accident benefits. In fact, often following a hit and run accident, the victim may be entitled to compensation by making a claim for unidentified motorist coverage through their own insurance policy. This is completely different coverage from the accident benefits that are available to all accident victims. Unidentified motorist coverage is insurance that is in place in the event that someone is injured by a vehicle that leaves the scene and is never identified. An experienced Ontario injury lawyer can help you pursue a claim for unidentified vehicles or other insurance beenefits, which may be available to you following a hit-and-run accident. Accessing the uninsured motorist insurance coverage following a hit-and-run accident in Ontario is complex, and it is important to speak with a personal injury lawyer without delay in order to preserve your rights to compensation. Contact Iacobelli Law Firm to speak with an Ontario personal injury and car accident lawyer. We offer prospective clients a free consultation with a lawyer. Connect with Andrew Iacobelli on Google+ |
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