Pedestrians are the most vulnerable party when it comes to traffic accidents. They wear no protective gear, they are not surrounded by metal casing, and they are easily overlooked, especially when dressed in dark colors. As a result, drivers need to keep a careful eye on any pedestrians that may be moving to cross the street. But do they even have the right of way? (more…)
Whether living inside or outside of Ontario, any pregnant female faces more than the usual amount of risk, upon electing to sit behind a car’s steering wheel. Canadian researchers have discovered that the greatest degree of risk arises during the woman’s second trimester. Physicians have suggested 3 factors that could explain that peculiar finding. (more…)
The residents of Ontario should consider themselves lucky. None of them have to feel guilty about stopping at a yellow light. As per the rules, stop if you can do so safely. If you cannot stop, you must proceed with caution. But if you drive through a yellow light and get hit, you can be declared at fault. And that would need the assistance of a personal injury lawyer in Burlington. (more…)
If someone gets injured as the result of an accident, legal authorities have one way of establishing the identity of the person at fault. Yet the decision made by those legal authorities does not always match with the one made by an insurance company. Insurance companies take a different approach, when deciding who should be named at fault. The challenges associated with fault-finding become even greater, if the accident in question took place on a street and involved a pedestrian. At such a time, an insurance company will ask several questions. (more…)
It’s absolutely important to point out that these types of accidents are rather regular. As unfortunate as it may be, they are usually going to end up with particularly traumatic complications. This is due to the fact that pedestrians are entirely exposed and there is absolutely nothing to protect them. Basically it’s usually a collision between an exposed common street walker and heavy machinery like a regular vehicle, for instance. You can easily determine which one is going to sustain more damage. However, there are quite a lot of things that have to be taken into proper account when it comes to pedestrian accidents. (more…)
In Ontario, if you have been subjected to a catastrophic injury, you are capable of receiving a significantly higher compensation and that’s definitely something to be accounted for. The compensation is a lot higher in comparison to someone who has undergone and sustained milder injuries, which is quite logical as your injuries are a lot more devastating. (more…)
Now, when a motorcycle accident takes place, the determination of fault can definitely be a very challenging task, especially if there is a pedestrian who’s involved and injured. In the majority of the accidents, the involved pedestrian is usually going to be assumed to be the victim. This is because we assume that the pedestrians are almost in all cases provided with the actual right of way. On the other hand, we also assume that motorcyclists are utterly required to follow the road regulations and it’s their fault as they haven’t been careful enough to watch out for the pedestrian. Well, while this might be true, it’s far from being the most common scenario. (more…)
Sadly, all across the province of Ontario, pedestrian accidents are quite common. Whether it’s a motorcyclist or a driver that’s going to be the cause of an accident, or the pedestrian himself, the unfortunate truth is that these accidents tend to happen a lot more often than they should. That is why specific laws deal with these accidents related injuries and can be exhaustive, ranging from slip and fall to vehicle hits.
In any case, they occur on roadways, crosswalks as well as intersections and parking lots – basically almost everywhere. The frequency of these accidents increases dramatically as the weather conditions get worse or the lighting on the street fails. In any case, this is something that has to be taken under the most serious consideration as pedestrian accidents almost always result in terrible orthopedic injuries and in some instances even in death.
The Duty of Care Owed to Pedestrians
Motorists and other drivers owe a duty of care to the pedestrians on the streets. This is due to the fact that the traffic is regulated by the provisions which are dully set forth within the Highway Traffic Act of the province of Ontario and there is a thorough and reverse onus for these sorts of pedestrian accidents. This basically means that if a pedestrian accident occurs, the law is automatically assuming that the driver or the motorist was at fault. As you can imagine, this makes it a whole lot easier for pedestrians to make their claims, even though it’s not as easy as you might want it to be. This is due to the fact that there is a lot of paperwork to be filled out and a lot of documents to be drafted and filed within the appropriate authorities. If you want to take the matter to the court, you’d have to file a compensatory claim and its best if you go ahead and get a consultation with a pedestrian accident lawyer in the province of Ontario.
The Complexity of the claim
The truth is that the complexity of the claim comes from the Insurance act and the Rules of Fault Determination, respectively the No Fault rule set forth in the province of Ontario. The latter stipulates that the insurance company is going to take care of the damages done by the insured regardless of whether or not he’s at fault or not. This means that your monetary damages are going to be compensated by the insurance company of the one who caused the accident – the motorist or the driver. However, if you want to pursue them to the fullest extent, you’d have to file a civil lawsuit and take the compensation that you’ve already received out of the equation as you won’t get money in excess to what you are entitled to. This might lead to a lot of confusion and potential complications.
We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!