Injured as a Pedestrian? Here’s How a Pedestrian Accident Lawyer Can Help
If you have been injured in a pedestrian accident, the consequences can be life-changing. Pedestrians are some of the most vulnerable individuals on the road, and when a driver is careless, the results can be devastating. Without the protection of a vehicle, pedestrians are at risk of severe injuries, from broken bones to traumatic brain injuries and long-term disabilities.
According to the City of Toronto's 2023 Vision Zero Road Safety Plan, an average of over 1,000 pedestrians are struck by vehicles each year in Toronto, with many resulting in serious injuries or fatalities. In 2024, there was a total of 127 of pedestrian fatalities and injuries. The city has been implementing measures to improve pedestrian safety, but collisions remain a significant concern, especially in high-traffic areas.
When an accident happens, the aftermath can be overwhelming. Medical bills start piling up, you may be unable to work, and the stress of dealing with insurance companies only adds to the burden. This is why seeking legal guidance is crucial. A pedestrian accident lawyer can help you understand your rights, secure the compensation you deserve, and ensure that your recovery—both physical and financial—is prioritized.
If you or a loved one has been injured in a pedestrian accident, knowing your legal options is essential. Here’s what you need to know about your rights, available compensation, and how legal representation can make a significant difference in your case.
Why Pedestrian Accidents Are So Dangerous
When a pedestrian is involved in an accident, the impact can extend far beyond the initial incident. Injuries can disrupt daily life, requiring medical attention, time away from work, and adjustments to routine activities. The financial and emotional toll can be significant, making it essential to understand your rights and options for compensation.
A pedestrian accident lawyer can help you navigate this complex process. From dealing with insurance companies to ensuring you receive the support needed for recovery, legal representation plays a critical role in securing a fair outcome. Whether it’s covering medical expenses, lost wages, or other damages, having the right legal guidance ensures that your best interests are protected.
Your Rights After a Pedestrian Accident
So, what happens after you’ve been hit? First things first: Seek medical attention immediately, even if you think you’re fine. Adrenaline can mask pain, and some injuries take time to appear. Once you’ve been checked out by a doctor, it’s time to think about your legal options.
As a pedestrian accident victim, you may be entitled to compensation through two main sources:
1. Accident Benefits
No matter who was at fault, you are entitled to accident benefits. This applies if you were a pedestrian, cyclist, passenger, or even a driver. These benefits can help cover:
✔ Medical and Rehabilitation Expenses – Hospital bills, physiotherapy, medications, and any necessary treatments.
✔ Income Replacement – If you’re unable to work due to your injuries, accident benefits can help replace lost wages.
✔ Attendant Care Services – If you need help with daily tasks like bathing, dressing, or mobility, this can be covered.
✔ Housekeeping and Homemaking Services – If your injuries prevent you from maintaining your home, you could receive compensation for assistance.
✔ Caregiving Benefits – If you were a primary caregiver before the accident, financial support may be available.
✔ Non-Earner Benefits – If you don’t qualify for income replacement but still suffer a serious impact on your daily life, you may receive support.
2. Tort Claims (Suing the At-Fault Driver)
While accident benefits help, they often don’t cover everything. That’s where a tort claim comes in. If the driver was at fault, you may be able to sue for:
✔ Pain and Suffering – Compensation for the physical and emotional distress caused by the accident.
✔ Past, Present, and Future Lost Income – If your injuries prevent you from working, this ensures financial stability.
✔ Medical Expenses Not Covered by Insurance – Some treatments and therapies might not be covered under accident benefits, but a lawsuit can help recover those costs.
✔ Loss of Competitive Advantage – If your injuries limit your ability to progress in your career, you may be entitled to compensation.
✔ Out-of-Pocket Expenses – This can include transportation to medical appointments, assistive devices, and any other costs related to your recovery.
What About Your Family? They Have Rights Too!
Your injuries don’t just affect you—they impact your loved ones as well. Under the law, your family may also be able to file claims for:
Loss of Care, Guidance, and Companionship – If your injuries have affected your relationships with family members, they may be entitled to compensation.
Expenses and Economic Losses – If family members had to take time off work or pay out-of-pocket expenses to help you, they might be able to recover those costs.
Services Rendered to the Injured Person – If a family member has taken on caregiving responsibilities, they could be compensated for their time and effort.
Why You Need a Pedestrian Accident Lawyer
Handling a pedestrian accident claim is NOT easy. Insurance companies have entire teams of adjusters and lawyers working to pay you as little as possible. Without an experienced pedestrian accident lawyer, you could end up settling for way less than you deserve.
A lawyer will:
Gather evidence, including witness statements, surveillance footage, and accident reports.
Handle all communications with the insurance company (so they don’t pressure you into a lowball offer).
Ensure you meet deadlines and file the right paperwork to keep your claim moving.
Accurately calculate the compensation you’re entitled to.
Fight for your rights in court if necessary.
How Long Do You Have to File a Claim?
Time is critical when it comes to pedestrian accident claims. There are strict deadlines:
Accident Benefits Claim: You must notify your insurance company within 7 days and submit a completed application within 30 days.
Tort Claim: You generally have 2 years from the date of the accident to file a lawsuit against the at-fault driver.
Miss these deadlines, and you could lose your chance to recover compensation. That’s why acting fast and contacting a pedestrian lawyer as soon as possible is so important.
What to Do After a Pedestrian Accident
If you’ve been hit by a car, take these steps to protect yourself and your claim:
Seek Medical Attention – Even if you feel fine, some injuries take time to appear.
Report the Accident – Call the police and get an official accident report.
Gather Evidence – Take photos, get witness contact information, and document everything.
Don’t Talk to the Driver’s Insurance Company – They’ll try to get you to settle quickly for less than you deserve.
Contact a Pedestrian Accident Lawyer – The sooner you get legal help, the stronger your case will be.
Let Juzkiw Law Get You the Compensation You Deserve
Being hit by a car is traumatic, but you don’t have to face this alone. A pedestrian accident lawyer will ensure you get the medical care, financial compensation, and justice you deserve. You shouldn’t have to struggle with medical bills, lost income, and stress when someone else’s negligence caused your injuries.
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