Ontario Pedestrian Accident LawyerToronto and York Region Pedestrian Accident LawyerAccidents involving pedestrians in Toronto, the GTA and elsewhere in Ontario are, unfortunately, quite common. Ontario pedestrian accidents occur in roadways, crosswalks, intersections and often times in driveways and parking lots. The frequency of pedestrian accidents increases with poor weather and poor lighting conditions. Sadly, accidents involving pedestrians and cyclists often result in serious orthopaedic injuries, catastrophic injury or death in the case of a pedestrian fatality accident.
Ontario Drivers Owe Duty of Care to PedestriansIn 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 reverse onus for pedestrian accidents is created by the 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 the loss or damage did not arise through the negligence or improper conduct of the owner/driver of the motor vehicle. Nonetheless, pedestrian motor vehicle accidents in Ontario are often vigorously defended. There are a number of reported cases where the owners and drivers have been successful in shifting blame to the pedestrian.
In accidents involving serious injuries or death due to pedestrian and motor vehicle collisions, it is extremely important to have the advice and counsel of an Ontario personal injury lawyer. Early preservation of facts and witness accounts is critical to the issue of liability. Pedestrian Accident the Impact of Weather and Lighting: It is well recognized that accidents involving cars striking pedestrians increase when the time changes in the winter months. With less daylight hours, it is more common for pedestrians to be struck and injured. Another factor may be that people tend to wear darker colored clothing in the winter months, which can also make it more difficult for inattentive drivers to see pedestrians crossing the road. Rain during evening hours can also further reduce visibility, and increase the likelihood of a pedestrian accident. Nonetheless, even in darkness and/or poor weather conditions, drivers must remain attentive at all times. Arguably, during lower visibility conditions, drivers should exercise more caution to avoid striking a pedestrian. Pedestrian Accidents at Intersections A common scenario we see in pedestrian accidents is where a pedestrian is struck while crossing the street at or near a controlled intersection. In many instances, the car or truck is turning either left or right and strikes a pedestrian. In almost all of these cases, the pedestrian is there properly and should have been seen had the driver been attentive. Often, the problem is that the drivers are either distracted or in a hurry and simply not attentive to surroundings. In turning cases, in particular, drivers may be paying attention only to the other vehicle traffic and looking intently for a gap in traffic so that they can hastily complete their turn. These hurried drivers suddenly accelerate when their is a gap in traffic, only to suddenly be confronted by the presence of a pedestrian directly in front of their car. If the driver sees the pedestrian, it is usually too late to safely stop. In many cases, the driver has accelerated without even looking ahead, and in these situations may not even see the pedestrian until after the impact occurs. Injuries from Pedestrian Accidents When a car or truck strikes a pedestrian it is almost always serious. Sadly, in many pedestrian accidents the victim sustains catastrophic injuries or death. Those pedestrians fortunate enough to escape with less severe injuries, will still usually have significant and long-lasting injuries and symptoms. The pedestrian simply has little to no chance of escaping without injury if they are struck by a much larger motor vehicle. No matter the severity of the injuries, a pedestrian should be compensated for their losses if a negligent driver strikes them and causes harm. |
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Presumption that the Driver of the Vehicle is At Fault in Pedestrian Accidents
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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" Accordingly, a driver that causes injury to a pedestrian in Ontario is presumed negligent and has the burden of proving otherwise. This is significant, as most negligence claims put the burden of proof on the injured party. Pedestrian accidents are an exception. |
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Consultation With an Ontario Pedestrian Accident Lawyer
If you or a loved one has been involved in a pedestrian accident in Ontario, contact Iacobelli Law Firm to speak with an Ontario lawyer. We offer prospective clients a free consultation with a personal injury lawyer. There is no obligation.
am i entitled to compensation if i am a cyclist or pedestrian and have been hit by a car?
Yes you are. Cyclist and pedestrians that are injured as a result of being hit by another vehicle, such as a car or truck in Ontario, may be able to obtain compensation from two sources. The injured pedestrian or cyclist can sue the driver of the car or truck that hit them, and can also make a claim for Ontario no-fault benefits.
what benefits can i claim as a cyclist or pedestrian hit by a car?
As a pedestrian or cyclist that is injured as a result of a motor vehicle accident in Ontario, you may be entitled to compensation from two sources. The type of compensation and the amount available will depend upon the facts of the accident and the severity of injuries.
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.
Still have questions? If so, contact an Ontario personal injury lawyer at Iacobelli Law Firm, to schedule a free consultation.
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.
Still have questions? If so, contact an Ontario personal injury lawyer at Iacobelli Law Firm, to schedule a free consultation.
what are my rights as a family member of a pedestrian or cyclist fatality as a result of an ontario car accident?
In Ontario, when a pedestrian or cyclist is killed as a result of a car accident, the surviving family members may have a claim for wrongful death. A wrongful death claim is a civil claim and it does not assign criminal responsibility for the death. Most often the proceeds are available through insurance. Among other damages, the family of a person killed in a pedestrian or bicycle accident may be able to obtain compensation for the loss of guidance, care and companionship of their loved one. There are also no-fault death benefits that may be available.
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