If you were recently hit by a car in Burlington, ON, it’s important to understand your legal options. You may be struggling with painful or life-changing injuries. An experienced Burlington pedestrian accident lawyer can make a huge difference.
At Findlay Personal Injury Lawyers, we’re well-prepared to handle your case. We have over 92 years of experience helping clients recover fair compensation for medical bills, lost wages, pain, suffering, and more. We’ve succeeded and recovered over $100 million in settlements and verdicts.
Insurance companies don’t hand over fair compensation without a fight. You’ll need a lawyer’s help to make sure you’re getting what you deserve. Contact our law offices in Burlington, Ontario, you can call us at (289)512-0829 to schedule your free consultation today.
Why Should I Trust Findlay Personal Injury Lawyers To Help Me Recover Compensation After a Pedestrian Accident in Burlington, ON?
Pedestrian accidents often result in big insurance payouts. Pedestrian injuries are often more serious than typical car accident injuries. The more serious your injuries are, the more the insurance company will work to downplay your losses.
You deserve to have an experienced Burlington personal injury lawyer handling your case. Findlay Personal Injury Lawyers has been recognized by the Hamiton Spectator more than once for our stellar legal services.
While you rest and recover, our legal team will be working to:
- Determine the cause of your accident
- Identify the parties who are legally responsible for your damages
- Locate evidence to prove causation and establish liability
- Fend off any allegations that you share blame for your injuries
- Hire experts who can testify about causation and the value of your losses
- Negotiate with the insurance companies, at-fault drivers, and defense lawyers
- File a lawsuit and take your case to trial if the insurance company won’t offer a fair settlement
When others cause accidents, our lawyers are here to hold them accountable for the damage that results. To learn more about your legal rights and options after an injury, contact our law firm to arrange a free consultation.
How Common Are Pedestrian Accidents in Ontario?
Pedestrian fatalities are on the rise across Canada. According to preliminary reports, at least 3,066 pedestrian accidents were reported across Ontario in 2022. Sadly, 92 pedestrians were killed in fatal traffic accidents across Ontario that year.
Many more were injured. A total of 374 “major” injuries were reported in 2022. Another 2,600 pedestrians were fortunate enough to walk away with injuries classified as “minor” or “minimal.”
Remember, even a minor injury can have a major impact on your life. Treatment can be painful, and you may lose income even if you’re expected to make a full medical recovery.
Pedestrians Often Suffer the Most Severe Types of Injuries in a Car Accident
Pedestrians are among the most likely to suffer a long-term disability when they’re involved in motor vehicle accidents.
Some common examples of the severe injuries often sustained by pedestrians include:
- Traumatic brain injuries
- Crushing injuries
- Facial, eye, and dental injuries
- Burns
- Amputations
- Broken bones
- Nerve injuries
- Broken hips
- Torn muscles, ligament injuries, and other soft tissue damage
- Spinal cord injuries
- Head and neck injuries
- Concussions
- Back injuries
- Internal organ damage
- Chest injuries
- Amputations
- Paralysis
- Catastrophic injuries
- Wrongful death of a loved one
Don’t let the insurance companies underestimate the impact of these injuries. Contact our Burlington personal injury law firm to learn more about your legal rights today.
What Is My Burlington Pedestrian Accident Case Worth?
The value of any personal injury case is often directly tied to the severity of the victim’s injuries. Logically, pedestrian accident claims tend to have higher values due to the potential for extremely severe injuries.
That said, there’s no simple formula that will tell you how much your case is worth. Your lawyers will evaluate the unique circumstances of your accident and injury when assessing the value of your personal injury claim.
Relevant factors may include:
- The cost of your medical treatment to date
- Whether your doctor expects you to need ongoing rehab or medical care
- How the injury impacts your earnings and ability to work
- The injury’s expected future impact on your work, lifestyle, and quality of life
- The physical pain and suffering you’ve experienced
- Whether your own negligence contributed to the accident
Certain factors can either increase or decrease your case value. For example, if you share some blame, your compensation will decrease. If the available evidence is particularly strong, the insurance company may increase your compensation to avoid a court battle.
What Compensation Is Available for Injured Pedestrians in Ontario?
Compensatory damages are divided into two categories: pecuniary damages and non-pecuniary damages.
Pedestrian accident victims can seek compensation for any financial losses they’ve suffered, including:
- Past and future medical expenses
- Lost wages
- Reduced earning potential
- Physical therapy
- Rehabilitation
- Property damage
Your non-pecuniary damages compensate for the non-financial cost of an accident and injury, such as:
- Pain and suffering
- Diminished quality of life
- Trauma and PTSD
- Emotional distress
- Anxiety
- Depression
- Permanent disfigurement or scarring
- Chronic pain
- Loss of consortium
It can be difficult to put a dollar value on some of these losses. You’ll also have to factor in your expected future costs. That makes it important to seek qualified legal guidance before accepting an insurance settlement offer.
Can I Recover Damages if I’m Partly Responsible for Causing a Pedestrian Accident in Ontario?
Even pedestrians can be blamed for motor vehicle accidents and injuries. The driver might claim you darted into the road. You may be blamed for being distracted and crossing on a “no walk” signal. The insurance company might claim that you ignored the doctor’s orders and made your injuries worse.
You won’t automatically lose your right to compensation even if you do share some fault.
Under Ontario’s contributory negligence law, your settlement or verdict is reduced in proportion to the percentage of blame allocated to you.
Insurance companies regularly use this law to their advantage. You should be prepared. If someone is blaming you or questioning your right to compensation, call our lawyers today. We know how to handle these insurance scare tactics.
What Are the Leading Causes of Pedestrian Accidents in Burlington, ON?
Pedestrian accidents happen for many different reasons. They often happen at night or in the winter when snow and ice cover the roads and sidewalks. Identifying all factors that played a role in the crash is important.
Some of the most common causes of pedestrian accidents in Ontario include:
- Speeding
- Aggressive driving
- Racing through intersections
- Texting while driving and other types of distracted driving
- Failure to yield the right-of-way to pedestrians in intersections and crosswalks
- Running a red light or stop sign
- Drunk driving
- Passing too closely to the shoulder or sidewalk
- Swerving onto the sidewalk
- Road hazards
- Poor visibility
- Bald tires, faulty brakes, and poor vehicle maintenance
- Poorly marked pedestrian crossovers
At pedestrian crossovers, drivers must stop and yield the entire roadway to pedestrians. In other words, they must remain stopped until the pedestrian has finished crossing the road under Ontario law. Still, these relatively new laws can’t completely prevent pedestrian accidents from happening.
What Do I Have To Prove To Recover Compensation From the Person Responsible for My Pedestrian Accident Injuries?
Most injury victims must first prove negligence before they’re awarded financial compensation – at least in terms of a lawsuit against the at-fault party. You may also be able to utilize various insurance options after a pedestrian accident, either with your own “no-fault” policy or the policy of the driver who hit you. Our legal team can help you determine your best course of action.
Negligence is a legal term. Someone is negligent when they fail to exercise the caution that a reasonable person would use under the circumstances.
You will have to prove that the at-fault party owed you a legal duty of care and failed to live up to the “reasonable person” standard. You’ll also have to establish that the responsible party’s mistake directly caused some type of harm or damages.
Accidents happen quickly. The car probably seemed like it came out of nowhere–and you might not have much evidence to prove your case. That’s okay. Our lawyers will collect evidence from many sources as we work to build your case.
We’ll search for:
- Police reports
- Eyewitnesses to the crash
- Photos and videos of the accident and accident scene
- Data about conditions at the accident scene
- Cell phone records
- Traffic citations and tickets
- Drug and alcohol test results
- Medical records
As we’re working on your case, we’ll often consult experts who can testify about various aspects of the accident and injury.
How Long Do I Have To File a Lawsuit if I Was Injured in a Pedestrian Accident in Ontario?
Under Ontario law, most accident victims have two years to file a personal injury lawsuit. Once the two-year anniversary of the accident passes, you cannot sue the at-fault driver for damages.
It’s a mistake to wait too long to pursue financial compensation. The sooner you contact a lawyer, the sooner they can start investigating your case to gather evidence.
Call an Experienced Burlington Pedestrian Accident Lawyer for a Free Case Evaluation Today
Were you hit by a car while walking or crossing the street? Recovering from pedestrian accident injuries is rarely easy. Fortunately, it is easy to learn about your legal rights. Contact Findlay Personal Injury Lawyers for a free consultation with an experienced Burlington pedestrian accident lawyer today.