Ottawa Personal Injury Lawyers Assisting Clients Injured in Pedestrian Accidents
Getting around on foot is becoming increasingly popular given rising costs, the increase in traffic, and the desire to make better environmental choices whenever possible. As a result, there have been more pedestrian accidents causing injury or death across Canada. Knowing where to turn in seeking legal counsel is essential, as doing so can make your road to recovery less stressful and, potentially, covered from a financial perspective.
At Tierney Stauffer LLP, we have over 35 years of experience protecting clients’ pedestrian rights. We have been representing accident victims of pedestrian accidents and their families throughout Eastern Ontario and North Bay for over 35 years. Our personal injury team will work with you throughout the process to obtain maximum compensation for your injuries.
Who is a Pedestrian?
A pedestrian is generally defined as a person who is travelling on foot. Whether it be a walker, runner, hiker, jogger, or someone sitting or standing by the side of the road – all of these people are considered pedestrians.
Pedestrians in Ontario have certain rights that protect them in the event of an accident causing injury. For example, pedestrians have the right of way at crosswalks, meaning that drivers must yield to pedestrians. In fact, pedestrians usually have the right of way so long as they are obeying the law. The responsibility for pedestrian safety is generally placed on drivers of motor vehicles. Drivers have an onus to pay attention and take due care to not hit pedestrians. Because pedestrians are extremely vulnerable as compared to cars, trucks or motorcycles, they are at an increased risk of sustaining serious long-term injuries, catastrophic injuries, and even death if they are involved in an accident with a vehicle.
Hit & Run Accidents
Getting into an accident is stressful and frustrating, but it can be even more so in cases of a hit and run accident. Hit and runs occur when a negligent driver who has caused an accident flees the scene and is never located. Hit and run offences are criminalized under the Criminal Code of Canada. Many victims of hit and run accidents mistakenly believe that they have no recourse to justice because there is no one to sue. However, in Ontario, all auto insurance policies contain a provision protecting you against damage caused by drivers of uninsured, underinsured or unidentified vehicles. This area of the law can be quite complicated, so if you have been injured in a hit and run accident, you should consult a lawyer with experience handling hit-and-run cases.
Special Laws Designed to Protect Pedestrians
Regardless of whether you have been in an accident as a pedestrian or driver, you should be aware that there are special legal protections in place for those on foot. Under the Highway Traffic Act, if a pedestrian has been injured in an accident with a motor vehicle, the driver is at fault until they can prove otherwise. The pedestrian only needs to demonstrate that they were negatively impacted by the incident in question. This is otherwise commonly known as the reverse onus clause. That said, it is not always the driver who is at fault, with distractions such as cell phones and noise-cancelling headphones serving as a primary cause of injuries to pedestrians less aware of their surroundings.
Contact Tierney Stauffer LLP in Ottawa, Cornwall, Kingston & North Bay for Experienced Representation with Pedestrian Accident Claims
No matter the situation at hand, turning to lawyers with considerable experience in Ontario personal injury law is an essential step to take if you have been in an accident as a pedestrian. You may be entitled to compensation due to someone else’s negligence. Regardless of who seems to be at fault initially, we at Tierney Stauffer LLP will work closely with you to reach a justified and appropriate outcome.
You may potentially be entitled to financial compensation for lost employment and/or to cover medical expenses as a result of the accident. Call us at 1-888-799-8057 or contact us online to set up a free consultation with one of our experienced personal injury lawyers.