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Hamilton Personal Injury & Disability Lawyers Serving all of Ontario

Free Phone Consultation Province Wide 905-333-8888 | 1-833-4-LAWFIRM

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901-105 Main St. E
Hamilton, ON
L8N 1G6

Pedestrian Accident in Ontario – What you Need to know.

Pedestrian accidents in the Ontario have been on the rise over the past several years. In 2016 – over 100 pedestrian fatalities were reported across the province.  2017 was also a terrible year for pedestrian safety in Ontario. Over 1500 vehicle pedestrian accidents occurred – 43 of which were fatalities in Toronto. Last year in Hamilton nearly 280 people were hit by cars (in Hamilton,  Ancaster, Dundas  & Stoney Creek) with nearly 90% of pedestrians suffering injuries.   Vehicle pedestrian collisions have been on the rise consistently since 2011, although fatalities have declined.

In Hamilton and throughout Southern Ontario, many pedestrian accidents often occur in busy urban areas like city streets, intersections, crosswalks and sidewalks.  Typically, pedestrians have little to no protection to ward off collisions with a car, truck or other motor vehicle and because of this, accidents normally result in serious injuries such as fractured spinal bones, spinal cord injury, broken bones in the legs and arms, head injuries, or even death.

Why and How do Pedestrian Accidents Mostly Occur?

Most pedestrian accidents are typically caused by motorists that are inattentive. Many of the reported pedestrian accidents that occur throughout Burlington and Hamilton can normally be linked to some sort of distraction in most, if not all cases.  Many pedestrian injuries are caused by drivers that fail to stop at stop signs or traffic lights. Drivers turning right at an intersection while looking left is a common cause of pedestrian accidents.  A significant number of pedestrian accidents in Ontario are also caused by drivers who are impaired, inexperienced, distracted by their smart phones, and, in many cases, improper lane use, speed racing or simply driving too fast for the conditions.

Pedestrian accidents are also caused by drivers who fails to notice that someone has stepped into the crosswalk, and/or they do not come to a full stop. In other cases, drivers are may fail to exercise caution or “increased caution” in certain areas where pedestrians are certainly to be expected – such as school cross walks, near school zones, near malls, bus stations, downtown ect.)

Fault in pedestrian accidents

In Ontario, there is a duty of care owed by drivers to exercise due care for the safety of others. In most circumstances (outside of private roadways, parking lots, and private property) a driver is presumed negligent – meaning that the pedestrian need only prove that the collision occurred and that accident caused injury. Liability or fault can be divided if a motorist rebuts the presumption of negligence and proves that a pedestrian acted irresponsibly in the circumstances – however, the driver is always assumed negligent until proven otherwise.

What type of compensation can you recover in a pedestrian accident?

Generally, a pedestrian has the same rights as anyone involved in a car accident.  A person hit by a vehicle is typically entitled to make a claim against the at-fault driver’s insurance company for economic and non-economic damages.

An injured person or a family member may file suit for pain and suffering, psychological and psychiatric suffering, loss of enjoyment of life, loss of amenities, wage loss such as loss of past income, loss of competitive advantage, direct economic loss, loss of housekeeping capacity and for compensation for future care costs which may arise later in life and be outside of OHIP approved payments or other benefit costs.

Damages are compensatory – meaning they are means to compensate you for your losses caused by the at-fault driver’s negligence.

If you or your loved one has suffered a catastrophic injury that is severe enough to be permanently life changing, you may be entitled to enhanced coverage that would entitle you to a further one million dollars ($1,000,000.00) in combined medical-rehab and attendant care benefits. You may also be entitled to such benefits as income replacement benefits and financial help for weekly housekeeping benefits.

Has you or a loved one been hit by a car and seriously injured?

The chances of escaping injury in a pedestrian-car accident is slim. Pedestrians are always the weaker party with no external protection to absorb the trauma or a collision with a car, truck or any other type of motor vehicle.   At Lalande & Company Injury & Disability Lawyers, we can’t reverse the damages or loss caused to you or your loved one, but our Hamilton Personal Injury Lawyers can fight for the justice you and your family deserve. Obtaining reasonable compensation from a negligent driver’s insurance company can no doubt help a victim make better and more able decisions while being able to afford to manage their injuries.

It is important to remember that we NEVER charge up-front fees for consultations or if we agree to take on the case. Our Hamilton Personal Injury Lawyers are able to help answer your most pressing questions, we are available 24/7 and we are able to help guide you or your loved ones toward pursuing reasonable compensation. Even if you have been told you were to blame, it’s important to contact us right away.

Call us at 905-333-8888 or at 1-833-4-LAWFIRM, by filling in a contact form or chatting with a live agent 24/7 to schedule your free consultation.

Pedestrian Accidents – Causes and Facts

3 Minute Read from Hamilton’s Pedestrian Accident Lawyers

Pedestrians are completely vulnerable and therefore suffer a vastly disproportionate amount of severe injuries and wrongful death when an accident involving a motor vehicle occurs. More than 4000 pedestrians in Ontario are injured by a motor vehicle every year.   Did you know that in 2017 27 people died after being hit by cars? Number were even worse in 2016 – with 39 people dead by the end of the year.

Hamilton being one of the large cities in Ontario, is the scene of far more pedestrian accidents than most people might realize. In fact – Hamilton is the second most dangerous city for pedestrians in Ontario, according to a 2013 study by CBC. Hamilton pedestrians are about 42% more likely to be injured compared to the Ontario average rate. These are alarming statistics for Hamiltonians who use their own two feet to move around our city.

If you suffered serious injury to a pedestrian accident, contact our Hamilton Personal Injury Lawyers. We are Hamilton Lawyers with a proven record of success in helping those who suffer from a serious injury.  Call us for a free no obligation consultation 24/7 at 905-333-8888 or chat with one of our live operators 24/7 who will assist in setting up an appointment.

Types of Hamilton Pedestrian Accidents

All car, truck, or motorcycle accidents involving a pedestrian are dangerous, but the most commonly seen accidents are:

  • Intersection accidents;
  • Being hit by a vehicle;
  • Vehicles pulling out and passing;
  • Pedestrians Darting out in Front of Vehicles;
  • Back up accidents;
  • Poorly designed roadways, placing walkers, joggers and hikers in harm’s way;

Top Causes of Pedestrian Accidents

You can be the safest walker in the city and you could still be the victim of an accident.  Sadly, accidents happen that are often no fault of your own. While you can take every precaution, you cannot control the behavior of other people.  Here are the top causes of motor vehicle accidents involving a Pedestrian, according to Ontario’s Chief Coroner.

  • Vehicle speed – both speeding and streets with higher speed limits. Of course, the higher the speed, the more likely it is for the severity of injuries to be greater.
  • Driver’s failure to yield when the pedestrian has the right of way. Sadly, not all drivers see pedestrians, or they fail to yield the right of way according to traffic laws.
  • Pedestrian distraction such as cell phone use, listening to music or riding a skateboard. As a pedestrian, you have responsibility for your own safety as well. Be aware and ensure you can hear what is going on around you.
  • Pedestrian crossing at an unmarked area ie. jaywalking. While it may be convenient to cross at an unmarked area of a street, it is not always safe. Even when you do not think a car is coming, one can come quickly, out of your line of sight.
  • Pedestrians failing to cross at appropriate signal. Wait for the signal to prompt you to cross the street.
  • Right Turn Accidents – Many pedestrian accidents are caused when a driver is turning right, but looking left for oncoming vehicles.
  • Alcohol & drugs – impaired driving or intoxicated pedestrian are both causes of pedestrian injuries and death.
  • Quiet cars. Battery-operated cars, hybrid cars and very quiet cars are hard to hear coming. These quiet cars are very hard for pedestrians to hear, especially as the car turns or if it is moving slowly.

According to Stats Canada, the following play major contributing factors in pedestrian and motor vehicle accidents.

  • 55% of pedestrian accidents occur in the dark. Visibility is a major contributing factor.
  • 30% of pedestrian accidents are due to drivers not following traffic laws.
  • 10% involve distracted drivers or pedestrians on cell phones.
  • In 30% of pedestrian fatalities either the driver or the pedestrian was drunk or high.

Sad, but true: In Ontario, children and elderly are most commonly the pedestrian victims in a motor vehicle accident.

Pedestrian Injuries

Without the benefit of a caged surrounding, seatbelts, airbags or roll bars, pedestrians are obviously quite vulnerable than other motorists in the road. Accidents that happen at a low rate of speed can be fatal or cause terrible damage. As a result, pedestrians involved in car accidents in Hamilton can no doubt suffer major multi-system injuries, such as:

Understanding Pedestrian Accidents in Ontario

Unlike an accident involving two vehicles where the onus is on the you to prove that the person that hit you was negligent, the onus is reversed when the you are a pedestrian (or
cyclist), unless your accident happened on a private roadway. The Ontario Highway Traffic Act places the onus on the person that hit you. Our Courts have held that evidence of negligence on the part of an injured person does not discharge the reverse onus placed on the defendant driver that hit you – meaning if you were partly at fault for getting hit, negligence still lies on the defendant driver that hit you. In other words, a driver will be found NOT at fault only if he or she can show that there was no negligence or misconduct on his or her part.

Pedestrian Safety – What You Can Do to Be Safe On The Streets

As a pedestrian, there are certain things you can do to be safe while walking and crossing the street.

  • Make contact with drivers before you cross the street. This way you’ll know they are aware you are there.
  • Be aware of vehicles turning left when you cross an intersection. This is especially important for trucks and buses that have large blind spots. They cannot always see you, so while you might have the right of way, it is best to let them go to be safe.
  • Use crosswalks. Jaywalking may seem quicker and more convenient; however, if you choose to cross in an unmarked spot of the road, you are significantly risking your chance of an accident.
  • Don’t be distracted. Listening to music, texting, talking on the phone can cause you to be unaware of what is going on around you.
  • If you are walking on the shoulder of the road where there are no sidewalks, walk facing traffic.
  • Do not dress in black at night. Dark colors make you more difficult to see. Use reflective gear.

Pedestrian Accident Lawyers in Hamilton, serving Province Wide

If you or a loved one was a pedestrian injured by a vehicle our Hamilton personal injury lawyers can help. We understand that pedestrian injuries can range from fractures, dislocations and wounds to more severe injuries including impairments in mobility and sadly, loss of life.  In addition, accident victims are prone to experiencing depression. If you or a loved one was injured in an accident, please call our Hamilton personal injury lawyers at 905-333-8888 or fill out a contact form or chat with out live operator 24/7 to set up your appointment today. We have years of experience helping pedestrians get the compensation they are entitled to.  Call for a complimentary, no obligation consultation. And remember, you don’t pay us for our services until you receive your money.

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