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Personal Injury Lawyers in Toronto
  • Car Accidents
  • Motor Cycle Accidents
  • Trucking Accidents
  • Accident Benefits
  • Slip And Fall
  • Work Place Accidents
  • Wrongful Death
  • Short Term Disability
  • Long Term Disability
  • Medical Malpractice

Compensation Rights for Pedestrians Involved in an Auto Accident

Among several rights that every pedestrian on the road has the right to getting compensation for injuries in a car accident is also included. Pedestrian accidents involving automobiles sometimes occur in roadways, driveways, crosswalks, intersections and parking lots.

Frankly speaking, a pedestrian is really vulnerable when involved in any sort of collision with a motor vehicle and a high percentage of these accidents cause serious catastrophic injuries, long-term injuries and even death. According to the rules, traumatic brain injuries, multiple fractures¸ internal injuries and spinal cord injuries are considered catastrophic injuries.

Compensation Claim

As a pedestrian, if you have got injured in an accident, you are entitled to recompense. You can seek the compensation through a tort claim and by filing an accident benefits claim. For tort claim you need to file a lawsuit against the person accountable for the accident. In Ontario as well as other provinces, you can file an accident benefits claim and, simultaneously, sue the guilty driver for damages.

Generally, the responsibility for pedestrian safety is placed upon the motor vehicle drivers. In most cases, when they are involved in a pedestrian accident, a higher percentage of the assumption of being the careless party will fall on the motor driver. This means that pedestrians may possibly not face many problems in gaining compensation. However, it will not be simple as both claims will entail definite necessities and have designated time frames.

  • Tort Claim

In certain cases where you feel that the driver at-fault was extremely careless, or the injuries sustained are catastrophic, you may demand damages by filing a case. This is often called an at-fault claim. You can claim compensation for suffering and pain, loss of amenities and loss of enjoyment of life, loss of past and future income, loss of household capacity and cost of future care.

  • Accident Benefits Claim

You can file your no-fault claim, i.e. accident benefits claim from your own auto insurance company. If you do not have your own automobile insurance policy, you can seek damages from the car insurance company of the driver at fault. In cases where neither of the persons involved have auto insurance policies; the claim can be filed at the MVAC (Motor Vehicle Accident Claims) Fund.

You will have a time frame of 7 days from the date of the accident to report to the automobile insurance company of your objective to file a claim. You can take legal help from a reputed law firm, backed by a team of experienced car accident lawyers in Toronto. Legal professionals practice in several areas of personal injury and disability law to help clients get the compensation they deserve.

Galan Law
Personal Injury Lawyers

3200 Dufferin Street, Suite 401
Toronto, Ontario
M6A 3B2

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