Often other drivers on the road simply don’t see pedestrians or drive in a way that subjects pedestrians to harm. Injuries often include traumatic brain injury, spinal cord or serious orthopaedic injuries and amputation of limbs.
There are several “rules of the road” that are useful in pursuing pedestrian accident claims. The Highway Traffic Act states that 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. That essentially means that if you were hit by a motor vehicle it will be up to the driver of the vehicle to prove he or she was not negligent.
In circumstances where the accident is found to be your own fault, you would still be entitled to significant accident benefits for income loss, medical treatment and rehabilitation care (see Accident Benefits Claims).
If you have been involved in an auto-pedestrian accident, please contact us immediately at (416) 306-3817.