Many claim Ottawa to be a “pedestrian” city where people commute or travel around the city by foot or bicycle for leisure or employment. Unfortunately, the reality is that many motorists ignore pedestrians and cyclists when driving on Ottawa roads, especially in the downtown core. Most people don’t realize it, but something as simple as crossing the road can be potentially hazardous. What we need to understand is that pedestrian motor vehicle accidents happen more than you imagine. If you’re a part of one, then it is likely in your interest to hire a personal injury lawyer. Making sure that you file a lawsuit against the person that caused the accident is critical. This way, you can be sure that the at-fault party covers any medical costs.
Most common causes behind pedestrian accidents
As we mentioned above, pedestrian accidents can be caused by a variety of different things. One of the most common causes is people who text and drive simultaneously and are not paying attention to the road and pedestrians. Aside from distracted drivers, you will also notice plenty of parking lot accidents, not to mention drunk and speeding drivers. When a pedestrian accident happens, you need to open an accident benefits claim right away and consider starting a lawsuit to receive all the necessary compensation and ensure your medical issues are handled appropriately.
It’s essential to take the right action if you’re dealing with a pedestrian accident. In this case, the best approach is to focus on getting medical attention and leave the rest to your lawyer. A personal injury lawyer will always assist you and ensure that you have access to the right services to help you recover. Contact us to receive a free consultation. We are happy to assist!
What can you do if you are involved in a pedestrian accident?
Pedestrian motor vehicle accidents occur without warning. One minute you are crossing the road, the next minute, you are on the ground waiting for an ambulance to arrive. These accidents happen very quickly and often end up with the pedestrian wondering what just happened. You can follow these steps to make sure things go smoothly for you after an accident:
First, seek medical attention. Make sure an ambulance is called and let them take you to the hospital. Be sure to follow up with your family doctor and start getting treatment (paid for by the insurance company) as soon as possible. Documenting your injuries through medical practitioners is crucial.
Next, call the police. They will be able to create a report and assess when and how the accident happened. Plus, the police can help you gather evidence by talking to witnesses.
You will also want to gather as much information as you can. This can range from the name, address and insurance information of the driver and the driver’s license and plate number.
Ideally, you will also gather witnesses’ names and contact information before they leave the accident scene. If you can, try to take photos of the stage, including the vehicle that hit you.
Keep in mind that as of January 1, 2016, drivers at crossovers must come to a complete stop and wait for the pedestrian to cross the road before proceeding altogether. If drivers do not comply, they violate the Highway Traffic Act.
At the same time, according to the Highway Traffic Act, a pedestrian should not leave the curb or place of safety at a pedestrian crossover at a time where it is impractical for a driver to stop last minute.
Hire the best lawyer
After you’ve gathered all the information you can, you can hire a lawyer to help you with your accident benefits claim or your lawsuit against the at-fault party. Depending on the severity of your injuries, you may be entitled to several different benefits under your accident benefits claim, including:
Income replacement benefits
Non-earner benefits
Medical and rehabilitation benefits
Attendant care benefits
Housekeeping benefits
Caregiver benefits
With a lawsuit, you may be entitled to some different forms of compensation, including:
Pain and suffering
Income loss
Housekeeping
Future health care costs
Out of pocket expenses
Hiring the best and most accommodating lawyer is crucial because he will help you with the evidence-gathering process and both of your claims (accident benefits and lawsuit) to make sure you are successful. Having a good lawyer on your side is crucial for any pedestrian accident case.
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Frequently Asked Questions
How much compensation can I receive for a pedestrian accident?
The compensation you can receive for a pedestrian accident varies based on factors like the severity of your injuries, medical expenses, lost wages, and pain and suffering. Consulting with a personal injury lawyer can help you determine the potential compensation in your case.
Do I need a lawyer for a pedestrian accident in Ottawa?
The need for a lawyer after a pedestrian accident in Ottawa is significant. A personal injury lawyer can help navigate the complexities of the claims process, ensuring you receive the compensation you deserve for your injuries.
Can I sue if I was hit by a car as a pedestrian?
If you were hit by a car as a pedestrian, you can sue for damages. You may be entitled to compensation for medical expenses, lost wages, and pain and suffering resulting from the accident.
How much does a personal injury lawyer in Ottawa cost?
The cost of hiring a personal injury lawyer in Ottawa typically operates on a contingency fee basis, meaning you only pay if you win your case. Fees generally range from 25% to 40% of the settlement amount.
What are the most common injuries in pedestrian accidents?
The most common injuries in pedestrian accidents include fractures, head injuries, soft tissue injuries, and spinal cord injuries. These injuries can vary in severity and often require medical attention and legal support for recovery.
What is the average settlement for a pedestrian accident?
The average settlement for a pedestrian accident varies widely based on factors like severity of injuries, medical expenses, and lost wages. Typically, settlements can range from a few thousand to several hundred thousand dollars.
How do I know if I need a personal injury lawyer in Ottawa?
Knowing whether you need a personal injury lawyer in Ottawa depends on the severity of your injuries, the complexity of your case, and whether you face challenges in negotiating with insurance companies. If you're unsure, consulting a lawyer can provide clarity.
Who is liable in a pedestrian accident case?
Liability in a pedestrian accident case typically falls on the driver of the vehicle involved, especially if they were negligent. However, other parties, such as the city for poor signage or maintenance, may also share responsibility.
How can a lawyer help with a pedestrian accident claim?
A lawyer can significantly assist with a pedestrian accident claim by navigating the legal complexities, gathering evidence, negotiating with insurance companies, and ensuring that you receive fair compensation for your injuries and losses.
How do I prove fault in a pedestrian accident?
Proving fault in a pedestrian accident involves gathering evidence such as police reports, witness statements, and traffic camera footage. Establishing negligence by showing that the driver failed to exercise reasonable care is essential for your claim.
What are the responsibilities of a personal injury lawyer in Ottawa?
The responsibilities of a personal injury lawyer in Ottawa include providing legal representation, guiding clients through the claims process, negotiating with insurance companies, gathering evidence, and ensuring clients receive fair compensation for their injuries.
How long do I have to file a pedestrian accident claim?
The timeframe to file a pedestrian accident claim is typically two years from the date of the accident in Ontario. It's crucial to act promptly to ensure your rights are protected and to gather necessary evidence.
What damages can I claim in a pedestrian accident?
The damages you can claim in a pedestrian accident include medical expenses, lost wages, pain and suffering, and rehabilitation costs. Each case is unique, so consulting with a personal injury lawyer can help identify all potential claims.
What are the pedestrian accident laws in Ottawa?
The pedestrian accident laws in Ottawa focus on ensuring the safety of pedestrians and establishing liability in accidents. Drivers must yield to pedestrians at crosswalks, and injured parties may seek compensation for damages through legal channels.
Can I claim damages for emotional trauma after a pedestrian accident?
You can claim damages for emotional trauma after a pedestrian accident. If the trauma significantly impacts your daily life, you may be eligible for compensation as part of your overall injury claim.
What are the common causes of pedestrian accidents?
The common causes of pedestrian accidents include distracted driving, speeding, failure to yield, poor visibility, and impaired driving. These factors often contribute to dangerous situations where pedestrians are at risk of injury.
What are the common causes of pedestrian accidents in Ottawa?
The common causes of pedestrian accidents in Ottawa include distracted driving, speeding, failure to yield at crosswalks, and poor visibility due to weather conditions. These factors significantly increase the risk of collisions between vehicles and pedestrians.
What steps should I take after a pedestrian accident?
The steps to take after a pedestrian accident include seeking medical attention immediately, documenting the scene and any injuries, gathering witness information, and contacting a personal injury lawyer to discuss your legal options and potential compensation.
How can I gather evidence for my case?
Gathering evidence for your case involves collecting documents, photographs, witness statements, and police reports related to the accident. It's crucial to document everything as soon as possible to strengthen your claim.
What types of compensation are available for injuries?
The types of compensation available for injuries include medical expenses, lost wages, pain and suffering, and rehabilitation costs. Each case is unique, so it's essential to consult with a personal injury lawyer to understand your specific entitlements.
How long does a pedestrian accident claim take?
The duration of a pedestrian accident claim can vary significantly based on factors such as the complexity of the case and the extent of injuries. Generally, it may take several months to a few years to reach a resolution.
What should I discuss during my lawyer consultation?
During your lawyer consultation, you should discuss the details of your pedestrian accident, including the circumstances, injuries sustained, and any medical treatment received, as well as your expectations for compensation and questions about the legal process.
Are there time limits for filing a claim?
There are time limits for filing a claim. In Ontario, individuals typically have two years from the date of the accident to initiate legal action for personal injury claims, including pedestrian accidents.
What factors affect pedestrian accident settlements?
The factors that affect pedestrian accident settlements include the severity of injuries, the extent of medical expenses, liability determination, the impact on the victim's life, and the quality of legal representation. Each element plays a crucial role in calculating potential compensation.
How can I strengthen my pedestrian accident case?
To strengthen your pedestrian accident case, gather evidence such as photos of the scene, witness statements, and medical records. Additionally, consult a personal injury lawyer to navigate the claims process effectively and maximize your compensation.
What medical documentation do I need for claims?
The medical documentation needed for claims includes medical records, treatment bills, and any diagnosis reports related to your injuries. These documents help establish the extent of your injuries and support your compensation claim.
What role does negligence play in pedestrian accidents?
Negligence plays a critical role in pedestrian accidents, as it often determines liability. If a driver fails to exercise reasonable care—such as speeding, distracted driving, or ignoring traffic signals—they may be held responsible for injuries sustained by pedestrians.
How can I find a qualified lawyer in Ottawa?
Finding a qualified lawyer in Ottawa involves researching local law firms, checking online reviews, and seeking recommendations from trusted sources. Consider scheduling consultations to assess their expertise and ensure they specialize in your specific legal needs.
What are the common misconceptions about pedestrian accidents?
Common misconceptions about pedestrian accidents include the belief that pedestrians are always at fault, that injuries are minor, and that insurance will cover all costs. In reality, many factors contribute to these incidents, and serious injuries can occur, highlighting the importance of legal representation.
What should I know about insurance claims for accidents?
Understanding insurance claims for accidents is crucial. You should know the types of coverage available, the importance of documenting the incident, and the deadlines for filing claims. Consulting a personal injury lawyer can help navigate the process effectively.
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