Ontario Personal Injury Law Firm

Pedestrian Accident Lawyer Toronto

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If you’ve been seriously injured in a motor vehicle accident as a pedestrian, you may have a right to recover compensation. Many people critically injured in pedestrian accidents unfortunately do not realize their rights and don’t seek out the support of a personal injury lawyer.

You may not be sure about how to move forward after you’ve been victimized in a pedestrian accident.

Consider talking to an experienced pedestrian accident lawyer in Toronto. Have an in-depth discussion on what type of compensation may be available to you. Your specific circumstances will be evaluated to determine if there’s a case to pursue.

If there is a party responsible for your pedestrian accident, one of our experts at Joshua Goldberg Law can help you file a claim.

Understanding Pedestrian Accidents

A pedestrian accident can happen anywhere. It could be a quiet residential street, a busy intersection, downtown or rural, or anywhere.

Pedestrians are particularly vulnerable in a motor vehicle accident because they do not have anything to bear the brunt of the impact. This is why the risk of being seriously injured or killed in such an accident is high.

In the City of Toronto alone, there are approximately 170 pedestrian accidents every year in which a pedestrian is either seriously injured or killed.

Importance Of Pedestrian Accident Lawyers

It can be difficult to understand the severity of accident injuries and how they might impact your future care and lifestyle.

A pedestrian accident victim is strongly advised to seek out a lawyer to better understand what steps can be taken to pursue compensation. Talk to a lawyer as soon as possible. The quicker you file your claim, the closer you will be to receiving the support you need to manage what could have a long-term impact on your lifestyle.

A personal injury lawyer specializing in motor vehicle accidents and pedestrian injuries can take a lot of worry off your shoulders.

Legal Assistance For Pedestrian Accident Victims

Pedestrians are some of the most vulnerable accident victims. A high proportion suffer fatal or serious injuries from their accident.

If the fault of the accident is tied to another party’s negligence, the surviving accident victim or their living family members can pursue a personal injury claim. If another party is demonstrated to have been negligent or reckless, a wrongful death claim may be able to be initiated by surviving family members.

To find out the legal assistance that may be available to you, talk to your lawyer at Joshua Goldberg Law. We will start by collecting information from the scene to determine what type of claim you may be eligible to make.

Types Of Injuries In Pedestrian Accidents

The types of injuries in pedestrian accidents – many of which are hit-and-run accidents – vary from minor injuries to catastrophic. These can be devastating to experience and recover from, presenting significant challenges to daily life.

Common pedestrian accident injuries include amputation, torn ligaments, facial injuries, scarring, broken bones or fractures, whiplash, burns, traumatic brain injury, and paralysis. Many of these are expensive to treat, with treatment costs coming from out-of-pocket.

If you require long-term care or ongoing support in some way, expenses can quickly balloon.

Seeking Compensation For Pedestrian Accident Injuries

Compensation in a personal injury case is to, first and foremost, cover the medical costs associated with your injuries, regardless of whether they are minor injuries or more serious and long-lasting ones.

Compensation is also there to help you adjust to your new normal. It’s to cover weekly income that you may have lost due to an inability to fulfill the duties of your job. Compensation can include income replacement benefits, pain and suffering, and more.

The amount of compensation that may be rightfully available to you are details of your personal injury case to go over with your lawyer.

Process Of Filing A Pedestrian Accident Claim

Accident benefits are available to all people injured in a crash regardless of fault. Even in the event you are liable, submitting a pedestrian accident claim by the required deadline can still mean access to accident benefits.

The process of filing a pedestrian accident claim involves building the strongest possible case in your favor.

To do this, a review of the police report is done with your lawyer. Medical documentation is put together. Photos of the accident scene are taken. Witness accounts are accumulated. All of this is submitted with the correct documentation to the courts, with the request for entitled compensation.

As your claim progresses, we will have you work with our legal and medical experts to ensure you receive appropriate compensation and are protected from unfair scrutiny by insurance companies looking to have your claim dismissed or reduced.

Role Of Personal Injury Lawyers In Pedestrian Accident Cases

A personal injury lawyer in a pedestrian accident case is tasked with learning about your unique circumstances and the specifics of your case. They can aid you with seeking out relevant support.

Most importantly, your lawyer’s role is to be your advocate. They can help you recover potentially hundreds of thousands of dollars in damages.

It is a lot easier to pursue healing and recovery while managing a claim with an experienced pedestrian accident lawyer at your side.

At Joshua Goldberg Law, we understand the mental and physical trauma that can come with having been in a motor vehicle accident as a pedestrian. For any client we take on, we are committed to helping them receive the compensation and benefits they are rightfully entitled to.

Factors Affecting Pedestrian Accident Claims

Especially in a busy city or on streets where there is a lot of traffic, the potential for a pedestrian accident is present at every crosswalk.

As a personal injury lawyer evaluates your claim, there is a lot to look at. A lot of factors can affect a pedestrian accident claim, such as whether the victim pursued reasonable medical care after the car accident.

The circumstances of the accident have to be investigated. The extent of the injuries has to be documented. Factors determining liability have to be examined, such as whether a driver was speeding, failed to stop at a crosswalk, did not stop at a stop sign or red light, and/or was driving recklessly or drunk. Fault is also evaluated as it relates to both the driver and the pedestrian.

 Common Causes Of Pedestrian Accidents

It is up to every driver to exercise reasonable care and follow traffic laws. When drivers do not fulfill this responsibility, this is where accidents occur.

There are many common causes of pedestrian accidents. Every year in Canada, thousands of pedestrian accidents are found to relate to unsafe crosswalks, distracted drivers, impaired drivers, speeding, and/or poorly lit intersections at night.

In a lot of claims, it is a combination of causes that have contributed to a pedestrian’s injuries.

 Pedestrian Safety Measures And Regulations

Pedestrians are strongly advised to follow the following safety measures recommended by the Ontario Ministry of Transportation.

  • Check for motorists before crossing the road and wait to cross.
  • Cross the road only at intersections.
  • Keep distractions to a minimum while crossing a road, such as not talking or texting on the phone or listening to loud music.
  • Walk across the street and do not run into the street wherein a driver may not have enough time to stop.
  • Respect the rules of the road.

Even if you, as a pedestrian, are at fault, this does not mean you are not entitled to benefits.

 Available Statutory Accident Benefits For Pedestrian Accidents

Many injuries are costly to treat, even under our provincial healthcare insurance plan. Many costs are out-of-pocket and may require long-term care. A victim may be unable to conduct routine life activities and no longer be able to complete their duties at work.

Statutory Accident Benefits are set out by law in Ontario. For a pedestrian injured in a car accident, they can make a claim for these benefits.

Statutory Accident Benefits provide compensation to any injured pedestrian to replace lost income, cover medical treatment and rehabilitation, and can even provide a lump sum payout to the spouse and/or dependents of someone who has been killed in a motor vehicle accident.

 Importance Of Prompt Medical Attention For Injured Pedestrians

It is imperative when you’re involved in a traumatic event, such as a car accident, to seek out medical attention immediately.

First and foremost, immediate medical attention for an injured pedestrian can be the difference between life and death.

Secondly, being seen by a medical professional will verify your injuries and prove that they were caused by the accident. To this point, be sure to follow up with medical appointments in the days, weeks, and months that follow, as recommended by your doctor.

All of this creates data and documentation that can be referred back to when filing a claim. It reinforces the seriousness of your injuries and more clearly defines them beyond anecdotal evidence. This documentation also makes it clear that you are seeking medical attention and are doing what you need to do to heal.

 Challenges In Pedestrian Accident Claims

The primary challenges in pedestrian accident claims come around the classification of a victim’s injuries.

An insurance company may try to state that your injuries are minor. If this is accepted, it will decrease your medical and rehabilitation benefits. This may even prevent you from receiving the care and financial support you need to heal and move on.

This is no more evidenced than with medical and rehabilitation benefits.

These benefits are assessed at $3,500 for minor injuries, $65,000 for non-catastrophic injuries, and $1,000,000 for catastrophic injuries. An insurance company may assess your injuries differently than what you’ve presented and argue that the injuries are less severe, in an attempt to reduce your entitlement.

Be ready with a strong case led by an experienced pedestrian accident lawyer who will ensure your rights are respected.

 Legal Proceedings For Pedestrian Accident Cases

After you have filed your claim, it can take weeks – or sometimes months – to resolve a pedestrian accident case.

It is tough to provide a timeline for your specific pedestrian accident claim, however, the majority take 1.5 to 2.5 years to reach a settlement. It can take longer if the verdict is in court.

How legal proceedings progress depends on the specifics of the case. If you and your personal injury lawyer provide strong evidence that cannot be refuted, it may encourage the other side to come to the table and offer a settlement. Many cases are settled long before they go to court.

The more complex and catastrophic the injury, however, the longer the litigation process is likely to be.

 Advocating For Pedestrian Safety And Compensation

Despite safety regulations in Ontario that are designed to protect pedestrians, motor vehicles striking pedestrians remains an issue on the roadways of the province. In fact, the number of pedestrian accidents provincewide has continually increased year over year for the better part of the past two decades. At Joshua Goldberg Law, we strongly advocate for pedestrian safety and fair compensation for pedestrian accident victims.

With years of experience handling personal injury law, we will ensure you’re fairly compensated for your injuries.

Joshua Goldberg Law can help guide you through the complex legal, medical, and insurance frameworks that revolve around pedestrian accident claims.

Do not wait to speak with a lawyer. There is no reason to. Receive the support you need and a full understanding of your rights as a pedestrian accident victim. We don’t charge any fees until your case is won or settled.

For a free consultation with one of our personal injury law experts, reach out to Joshua Goldberg Law today.

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What Our Clients Say

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I would like to thank my powerhouse team, Joshua Goldberg. One word WOW! Joshua is amazing! He showed me empathy and honesty. He pushed so that i could get an handsome tort settlement. Even when i honestly did not expected anything he made it happened. Joshua is out of this world!
Zeta Bernard11 Month, 2023

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Awesome team very supportive during my accident. Joshua Goldberg and his team are fabulous i would recommend them to anyone who needs a personal injury lawyer 👍
Nisha Rathod11 Month, 2023

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Josh Goldberg is an amazing lawyer who I would highly recommended to anyone who has been in a car accident . He was very helpful the entire time I’m happy i met him he is the best ! 🙂
Brie Smith11 Month, 2023

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My lawyer, Joshua Goldberg, who handled my car accident case was very professional. He explained everything clearly and made sure that we were on the same page throughout the process, all the way through to the satisfactory conclusion.
Reza Mir11 Month, 2023