First and foremost, Iacobelli Law Firm offers its sincere condolences and support to the family and friends of the pedestrian that was tragically killed in this Markham accident.
Unfortunately, motor vehicle accidents involving pedestrians remain quite common in Ontario. Pedestrian accidents occur on roadways, parking lots, and often when pedestrians are on the sidewalk and are hit by vehicles exiting driveways. Of course it is a shock and devestating to the family and friends whenever a pedestrian is injured or killed. This kind of tragedy is entirely unexpected. Drivers need to be more attentive to pedestrians, particularly at intersections and near crosswalks.
In Ontario, when a pedestrian is injured or killed because of motor vehicle, there are civil remedies available. These are claims against the at-fault driver, which are typically covered by automobile insurance policies. Ontario law creates a presumption of negligence whenever a pedestrian or cyclist is hit by a car. That is, the driver of the vehicle is presumed to negligent, and has the burden of proving otherwise. This is an exception to negligence and tort law. Nonetheless, pedestrian claims are often vigorously defended by the insurance company. When a pedestrian is killed, the family members can make claims for their losses, including loss of guidance, care and companionship of their loved one.
If a loved one has been killed in a fatal pedestrian accident in Ontario, it is important to seek the advice of Ontario car accident lawyer. A knowledgeable lawyer will be able to answer your questions and provide guidance about your options. Although it is difficult to consider insurance claims at the time of tragedy, it is important to seek advice early as there are strict time limits for advancing claims. Once the limitation period expires, the claims are forever barred.
Iacobelli Law Firm is an Ontario personal injury and insurance law practice, with offices in Richmond Hill / Markham area and Toronto. We provide a free consultation to familes that have lost a loved one in fatal car accident or fatal pedestrian accident. To request your free consultation with a personal injury lawyer, call us at 416-900-1070 or toll free at 1-866-234-6093 or complete our online contact form here.
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