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Get Help With Accident Benefit Claims from a Pedestrian Car Accident Lawyer

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Every pedestrian on the road has rights. A pedestrian car accident lawyer can help pedestrians get compensation when they incur injuries in a car accident. A pedestrian is extremely vulnerable when involved in some form of collision with an automobile and a high percentage of these accidents result in serious injuries.
 
If you have been injured in an accident as a pedestrian, Sokoloff Lawyers can help you get the compensation you deserve. Sokoloff Lawyers is a boutique law firm experienced in serious personal injuries and accident benefit claims arising from a motor vehicle accident.
 
Here are some tips from the Ministry of Transportation of Ontario regarding pedestrian and motorist safety:
 

As a Pedestrian

  • Cross at marked crosswalks or traffic lights
  • Make sure drivers see you before you cross
  • Cross only when traffic has come to a complete stop
  • At traffic lights, cross at the beginning of a green light. Do not cross once the "Don’t Walk” signal begins to flash or once the light has turned to yellow
  • Watch for traffic turning at intersections or entering and leaving driveways
  • Wear bright or light coloured clothing or reflective strips when walking in dusk or darkness

As a Motorist

  • Be patient, especially with older pedestrians who may take longer to cross the street
  • Always look for pedestrians, especially when turning
  • Remember, stay alert, and slow down on residential streets and especially through school zones
Pedestrian accident victims can claim compensation by filing an accident benefits claim as well as through a tort claim, which means filing a lawsuit against the person responsible for the accident.
 

Accident Benefits Claim

 
You can file an accident benefits claim with your own car insurance company. If you do not have your own vehicle insurance policy, you can claim compensation from the car insurance company of the driver at fault. You have seven days from the date of the accident to inform the car insurance company your intention to file a claim. Benefits that you may be entitled to receive are income replacement benefits, non-earner benefits, caregiver benefits, attendant care benefits, expenses of visitors, medical and rehabilitation benefits not covered by OHIP, and housekeeping and home maintenance benefits.
 

Tort Claim

 
When a pedestrian believes that the driver at-fault was grossly negligent, or the injuries incurred are catastrophic, the pedestrian can opt to claim damages by filing a lawsuit. The pedestrian can claim damages for pain and suffering, loss of enjoyment of life and loss of amenities, past and future loss of income, loss of household and handyperson capacity and future cost of care. The driver at fault must be informed of the intention to file a lawsuit against him or her within 120 days from the date of the accident, and the lawsuit must be filed within two years.
 
Pedestrian accidents can become very complicated cases and require the expertise of a pedestrian car accident lawyer. If you are considering legal action after an accident, Sokoloff Lawyers will help you get the support that you need and deserve. We will work alongside your insurance company to get you the accident benefits you require and we will advocate for you in court to work towards the best outcome for you.

How A Car Accident Lawyer Can Help Injured Pedestrians

By Flux

In 2010, almost 5,000 motor vehicle accidents occurred that involved pedestrians in the province of Ontario. Of them, only 173 escaped unscathed, while 95 fatalities were recorded. In the month of January alone, there were 23 deaths of pedestrians recorded in the Province of Ontario.

 

In order to protect pedestrians, Section 193 (1) of the Canadian Highway Traffic Act contains a “reverse onus” provision, whereby a motorist has the burden to prove that they were not at fault – essentially, they are guilty until proven innocent if they hit a pedestrian with their vehicle. Despite the high level of responsibility placed on motorists to take extra care to avoid colliding with a pedestrian, extenuating circumstances such as severe weather conditions may result in loss of control of vehicles. Other causes of collisions include violations of the rules of the road such as speeding or failing to signal when making a turn. With the advent of distracting personal communication devices and other technology, it is not surprising that motor vehicle accidents remain a leading cause of death in young pedestrians. 

 

For the purposes of the law, a pedestrian is defined as “a person who is not in or upon a vehicle, motorized or otherwise propelled, a person in a non-motorized wheelchair, a person in a motorized wheel chair that cannot travel at over 10 kilometres per hour or a person pushing a bicycle, motorized or non-motorized wheelchair”.

Works Cited

Ontario Road Safety Annual Report (ORSAR) 2010. People in Collisions. Retrieved February 6, 2015, from http://www.mto.gov.on.ca/english/safety/orsar/orsar10/people.shtml#collisions

 
Ministry of Community Safety and Correctional Services. Pedestrian Death Review. Retrieved 6 February, 2015, from: http://www.mcscs.jus.gov.on.ca/stellent/groups/public/@mcscs/@www/@com/documents/webasset/ec161058.pdf
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Interested in learning more about how we can help you with your accident benefit claims? Contact Our team of experienced lawyers for more information.