Pedestrians are usually the most vulnerable of accident victims. Often, injuries sustained in pedestrian accidents are the most severe, and there is a disproportionately high number of serious injuries and even fatalities that occur. Common injuries resulting from pedestrian accidents include, but are not limited to:
- Bone fractures and breaks
- Scarring and facial injuries
- Catastrophic brain injuries
- Spinal cord injury and paralysis
- Blunt force trauma
These injuries can not only be expensive to treat, but can also affect your mental and emotional health. Many pedestrian accident victims choose to pursue legal action in order to offset the financial, physical, and psychological burden that arises from such accidents. A tort action against the at fault driver is complex and requires a thorough investigation of the facts surrounding the accident and an assessment of the observations of any witnesses. Pedestrian accidents involving motor vehicles are unique in that the law in Ontario presumes that the driver of the motor vehicle was negligent; consequently, the driver has the onus to rebut the presumption of negligence under the provisions of the Highway Traffic Act.
If you have been injured in a pedestrian accident with a motor vehicle, there is a limited period of time in which you can act. For example, you must notify your own automobile insurance provider (if you have access to one), or the insurer of the involved motor vehicle, which struck you in the accident, within 7 days; you only have 30 days to file for Accident Benefits after you receive the Application from your insurer and you must pursue legal action within 2 years of the day of the accident.
At Futerman Partners LLP, our team of personal injury lawyers has more than 30 years of experience with pedestrian accident cases. We understand what is required to help you receive the compensation you deserve for the injuries and damages you have suffered.
Whether you need assistance with the Accident Benefits claim process, or you wish to pursue a tort claim, Futerman Partners LLP can provide you the strong legal representation you need to get the best results. Call today 416-925-4100!