Accidents 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.
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 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.
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.
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.
Andrew Iacobelli is a lifetime member of the Million Dollar Advocates Forum®, The Top Trial Lawyers in America®
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