If you have been struck by a motor vehicle while on foot and are unsure of what to do next, get in touch with a qualified pedestrian accident lawyer in Toronto for help looking into a civil lawsuit.
Pedestrians being hit by a car, truck, or any other motor vehicle is far more common than you might think. Those walking at the time of the accident are often subjected to severe injuries that can have a lasting impact on their lives.
Fortunately, Toronto injury victims may be able to secure maximum compensation for their losses by filing a personal injury lawsuit against the person responsible for causing their injuries.
At Jasmine Daya & Co., our team of attorneys will do everything possible to secure a fair and reasonable injury settlement so you can move on with your life without being burdened by financial struggles brought on by the accident. Your Toronto pedestrian accident lawyer will go to great lengths to determine who is to blame and how much your claim is worth so you can get the most out of your lawsuit.
Individuals who are struck by buses, cars, trucks, SUVs, and other motor vehicles are likely to suffer from catastrophic injuries. The speed at which the vehicle was traveling, how the person was hit, and the size of the vehicle involved are all sure to factor into how severely the pedestrian will be injured. It is not uncommon for pedestrians to endure the following types of injuries:
Surviving family members of a pedestrian who has passed away from their injuries may have the opportunity to file a wrongful death lawsuit as part of their civil action. Pedestrians who survived but have suffered considerable injury may be entitled to financial compensation from the liable party, which may or may not be the driver who struck you.
It would be reasonable to assume that the driver of the vehicle that hit you is to blame for causing your injuries, but you may be surprised to learn that there are several other parties that could have contributed to the cause of the accident, depending on the circumstances.
Before we take a look at other liable individuals and entities, let’s first define driver negligence, as this is the most common cause of pedestrian accidents across Toronto.
When we’re talking about negligence, we mean mistakes or errors that a driver made that they shouldn’t have, including reckless and generally irresponsible driving. Speeding, driving through red traffic lights, drunk driving, weaving in and out of traffic, driving while fatigued, and distracted driving have all been known to injure pedestrians.
In some cases, however, the driver was doing everything possible to drive safely and was unable to avoid colliding with a pedestrian. Maybe there was a large pothole the driver hit with force, or perhaps a part on the car malfunctioned in some way.
Vehicle manufacturers and maintenance techs have an obligation to ensure the safety of vehicles, and the Ministry of Transportation has an obligation to ensure the safety of the Ontario roadways. If at any point these parties’ negligent actions are found to have caused the car to crash, the pedestrian injured may be able to bring them to justice.
As you consider working with a lawyer to file a lawsuit for the injuries you sustained in your pedestrian accident, there are a couple of laws you should be aware of. First is the statute of limitations, which is two years in Ontario. This means your lawsuit must be filed within two years of the accident if you want the opportunity to obtain full compensation for your damages.
It is also important that you understand what contributory negligence is and how it could affect your claim. You might be thinking, “I was hit by a car; how could I be at fault?” Unfortunately, shared fault in pedestrian accidents is common. Some examples could include failure to cross in a crosswalk or failing to adhere to traffic signals.
In any case, being partially responsible doesn’t automatically prevent you from being awarded compensation, but you can expect your award to be reduced by your percentage of fault.
When you’ve been hit by a vehicle and are struggling to cope with the devastation of the accident, a respected Toronto pedestrian accident lawyer at Jasmine Daya & Co. may be able to help.
Our firm proudly provides free consultations to injury victims across Toronto and all of Ontario. You can take advantage of this opportunity by giving our office a call at 416-967-9100 or completing the online contact form we have included at the bottom of this page.