Pedestrian Accidents

Walking around town is an environmentally friendly way to travel. Walking can also provide the health benefits associated with physical activity. Unfortunately, you can still be involved in a car accident as a pedestrian. In fact, when pedestrian-motor vehicle accidents occur, it is unsurprising that the injuries from same can be particularly severe.

As with many things in life, an ounce of prevention is worth a pound of cure. One can increase his or her odds of avoiding a pedestrian-motor vehicle accident by taking some simple precautions, such as looking to make sure that the way is clear before walking on a roadway shared with motor vehicles, avoiding dangerous activities like jaywalking, and ceasing to engage in distracting activities like texting while walking. These helpful best practices can protect your health and your wallet. Although motorists that strike pedestrians are subject to a reverse onus to disprove negligence as per section 193(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8, the aforementioned dangerous activities can significantly lessen a Plaintiff’s monetary recovery from a lawsuit via the doctrine of contributory negligence.

Unfortunately, despite one’s best efforts, accidents can still happen. If you have been a victim of a pedestrian-motor vehicle accident, here are some useful steps to take afterwards.

• Seek medical attention.  Your health should always be your top priority.

• Report the accident to the police.  It is important that an accident report is filed to document the collision and each party’s involvement.
• Document the scene.  Take pictures of the area of the collision and the motor vehicle that hit you.

• Gather witness information, such as the names and contact information of anyone at the scene of the accident.
• Keep detailed notes
• Memory can fade over time. Accordingly, details such as the clothes you were wearing, if you were in a pedestrian cross-walk at impact, and the color of the traffic light facing you are important details to document.

• Contact a personal injury lawyer

An experienced personal injury lawyer can educate you about your rights after a pedestrian-motor vehicle accident. The sooner you contact a lawyer, the better. Generally speaking, individuals have two years from the date of an accident to start a lawsuit. Waiting longer than this can potentially bar your claim.

If you have been involved in a pedestrian-motor vehicle accident, contact our team of respected personal injury lawyers at Jasmine Daya & Co. We will meet with you to discuss the details of your case in a free consultation and give you an honest assessment of your legal options. We work on a contingency fee basis, which means that we will not be paid until your case has been resolved. Call us at 416-967-9100 or contact us online to schedule an appointment.