Toronto Pedestrian Accident Lawyers

Pedestrians are some of the most vulnerable road users, especially in busy urban centres like Toronto and North York. In fact, according to Transport Canada, pedestrians account for nearly 15% of motor vehicle accidents resulting in serious injuries or fatality. Collisions with bicycles, cars, and other motor vehicles on the road can result in severe physical, emotional, and financial consequences.

Pedestrians have unique legal rights in Ontario when they are involved in road accidents. Under Ontario’s Highway Traffic Act, drivers are presumed to be at fault for pedestrian accidents unless they can prove otherwise. This is normally referred to as a “reverse onus” clause, and means that pedestrians must only demonstrate they have been injured as a result of their incident to attribute liability to a driver.

If you or a loved one has been injured in a pedestrian accident, seeking legal representation right away is important so you can pursue the compensation you deserve. At Fox Vanounou LLP, our Toronto pedestrian accident lawyers have years of experience helping pedestrians navigate their personal injury claims. To discuss your legal options today, schedule a consultation with our team.

When Do Pedestrian Accidents Happen?

Pedestrian accidents can be devastating, and are especially common in high-traffic urban areas like Toronto. Considering over 2,100 pedestrians were struck by vehicles in Toronto in 2022 alone, understanding common causes of collisions can help you be more prepared, aware, and take preventative measures.

Contributing factors to pedestrian accidents in Toronto and Ontario include:

• Driver Negligence: Negligent behaviour exhibited by motor vehicle drivers can lead to serious injuries or fatalities for pedestrians. For example:
  • Distracted driving, including texting or GPS use
  • Speeding
  • Failing to yield at crosswalks
  • Impaired driving
  • And more
• Environmental Conditions: In Toronto and throughout Ontario, unpredictable or severe weather can result in unsafe conditions. Icy roads and low visibility combined with heavy traffic may result in crashes or pedestrian collisions.

As a result of these conditions, common types of pedestrian accidents in Toronto and the GTA include:

• Crosswalk Collisions: While pedestrians normally have the right of way, driver misjudgment or pedestrian inattention can lead to accidents. Pedestrians may also be at risk of collisions with bicycles or public vehicles in these cases, such as buses or streetcars.
• Accidents at Intersections: Due to high levels of traffic and vehicle activity at intersections, they can be high-risk areas for pedestrians. Drivers may fail to yield at stop lights, or may fail to see pedestrians while turning. Between 2018 and 2020, approximately 21% of pedestrian fatalities occurred at intersections.
• Backing-Up Accidents: Drivers reversing out of driveways or parking spaces may not see a pedestrian until it is too late.

While reverse onus clauses mean that drivers are normally liable for such accidents, pedestrians can be found contributorily negligent. This means that they can be deemed partially at fault for the damages they have sustained. A pedestrian might be found contributorily negligent if they were jaywalking, or were walking while distracted, at the time that the incident occurred. While this can affect the amount of compensation you may be entitled to, you may still be eligible to file an accident claim.

Regardless of what conditions caused your accident, if you have been injured as a pedestrian, you can pursue restitution. The compensation you receive may depend on the type or severity of the injury you have sustained.

Common injuries suffered by pedestrians involved in collisions include:

• Traumatic Brain Injuries (TBIs)
• Spinal cord injuries
• Fractures and broken bones
• Organ damage
• Internal bleeding
• Lacerations and bruising
• PTSD
• Anxiety or depression
• Amputations or disfigurement
• Chronic pain
• And more

These injuries can have serious and long-lasting effects on your life. You may experience reduced mobility and independence, or you may need to pay for rehabilitation as a form of treatment. Financial strain from medical expenses or lost income can lead to emotional distress and an overall reduced quality of life.

Steps to Take if You’re Involved in a Pedestrian Accident

When you’re injured in a pedestrian accident, your journey to recovery starts with your decision to pursue a personal injury claim. There are certain steps you can take to strengthen your case.

During and after your accident, you should:

• Ensure Your Safety: If you are physically able, move to a safe location to seek assistance and address the accident.
• Call 911: If you or any other parties have been injured, you should report the accident to the police and call for medical help. Under Ontario law, you are required to report a collision within 24 hours if anyone has been harmed or there has been combined damage valued at more than $2,000 to vehicles or property.
• Gather Evidence: If you are able, take photos or videos of the accident scene. Make sure to document any injuries you have sustained, damage to vehicles, and road conditions at the time.
• Exchange Information: Speak with drivers or individuals involved in the accident to exchange contact and insurance information. If there were witnesses present for the accident, collect their contact information as well.
• Notify Your Insurance Company: Speak to your insurance provider to report your accident as soon as possible. Depending on the terms of your policy, you may have limited time to make a claim.
• Consult a Pedestrian Accident Lawyer: Seeking professional legal guidance will help you ascertain the amount and type of compensation you’re entitled to. In addition, lawyers can help you negotiate with insurance companies or other parties when disputes arise.

Your Legal Options After a Pedestrian Accident in Toronto

When you are injured as a pedestrian, there are multiple avenues by which you may take legal action. Depending on your situation and unique needs, you may want to claim coverage under Ontario’s no-fault insurance system, or pursue additional legal claims against an at-fault party.

In Ontario, you are entitled to:

1. Accident Benefits Under Ontario’s No-Fault Insurance

Victims of pedestrian collisions in Toronto and Ontario can claim Statutory Accident Benefits (SABS). SABS is a form of no-fault insurance that is mandatory and included as standard automobile coverage for all drivers in the province. Certain benefits are available to anyone injured in a car accident (including pedestrians), regardless of who is at fault. SABS benefits include:

• Medical and rehabilitation expenses
• Income replacement
• Caregiver and housekeeping benefits
• Funeral expenses
• Survivor benefits
• And more

Even if, as a pedestrian, you do not possess any auto insurance, you may still be able to file a claim under SABS through the at-fault driver’s insurance policy.

2. Tort Claims Against an At-Fault Party

If your accident was caused by the negligence of another party, you may be eligible to file a personal injury lawsuit. This allows you to pursue compensation beyond benefits that are provided through SABS. With a tort claim, you can sue an at-fault party for:

• Pain and suffering damages for emotional and physical trauma
• Future medical costs
• Loss of future earning capacity
• Out-of-pocket expenses
• And more

If you are interested in launching a tort claim, working with an experienced pedestrian accident lawyer is recommended. A professional can help you collect compelling evidence and navigate the legal process with confidence. This way, you can pursue the full amount of compensation you’re entitled to.

How Can Our Toronto Pedestrian Accident Lawyers Help You?

As a pedestrian, you deserve meaningful compensation when you’re injured by a negligent party. Our pedestrian accident lawyers in Toronto have years of experience handling pedestrian accident claims. We will handle all aspects of your case, from gathering evidence for insurance companies to settlement negotiations or trial representation.

When you work with Fox Vanounou LLP, you can expect:

• Collection of Compelling Evidence: To create a strong personal injury claim, our team will help you collect police reports, witness statements, CCTV footage, expert opinions, and more to help you establish liability.
• Assistance Filing for Statutory Accident Benefits (SABs): Our lawyers can help you file a claim for your no-fault insurance benefits. In the case that your benefits are denied, we’ll help you appeal the decision.
• Help Filing Your Tort Claim: If you would like to pursue compensation beyond SABS, our lawyers will help you launch a tort claim against the at-fault driver. We can help you identify and pursue additional compensation you may be eligible for through this process.
• Financial Stability During Recovery: While you’re navigating the process of your SABS or tort claim, you deserve financial stability. Our legal team will assist you in securing interim benefits that cover things like medical costs or income loss. This can be especially helpful in cases where you have suffered a catastrophic injury.

No matter what stage of the accident claims process you are at, our legal team is ready to help. At Fox Vanounou LLP, our dedicated representation ensures that clients feel informed throughout the legal process. Whether your accident has just occurred or you need to go to court, we can assist.

Have You Been Injured in an Accident as a Pedestrian? Discuss Your Legal Options With Our Toronto Pedestrian Accident Lawyers Today

Pedestrian accidents can result in life-changing injuries and consequences for victims. Although Ontario’s laws place the burden of proof on drivers involved in pedestrian accidents, it is still important to work with a strong legal advocate when you’re seeking compensation.

At Fox Vanounou LLP, our team has years of experience helping pedestrian accident victims in Toronto, North York, and Ontario pursue justice. Don’t wait to get started with your claim. Schedule your free consultation with our lawyers today.