A Markham pedestrian accident lawyer helps individuals injured in pedestrian accidents recover compensation and navigate the legal process. Pedestrian accidents often involve serious injuries caused by motor vehicles at intersections and crosswalks. At Auger Hollingsworth Accident & Injury Lawyers, our Markham personal injury lawyers provide guidance, handles insurance claims, and supports clients through personal injury claims after a motor vehicle collision.
Common Causes of Pedestrian Accidents in Markham
Pedestrian accidents in Markham often occur because of unsafe driving behaviour or hazardous conditions. Understanding the cause helps establish negligence and supports fault determination rules under Ontario law.
Distracted Driving
Drivers using mobile devices or not paying attention may miss pedestrians at crosswalks or intersections. Distracted driving is a leading cause of auto accidents involving pedestrians.
Speeding
Excessive speed reduces reaction time and increases injury severity. Speeding motor vehicles are more likely to cause serious harm in a car accident involving a pedestrian.
Failure to Yield
Drivers who fail to yield at crosswalks, stop signs, or red lights may strike pedestrians lawfully crossing. The Highway Traffic Act sets clear rules for yielding to pedestrians.
Impaired Driving
Alcohol or drug impairment affects judgment and reaction time. Impaired drivers are more likely to ignore traffic signals and cause pedestrian accidents.
Poor Weather Conditions
Rain, snow, and poor visibility increase risk. Slippery roads and reduced sightlines contribute to collisions, especially in busy Markham intersections.
Common Injuries in Pedestrian Accidents
Pedestrian accidents often result in severe injuries because the human body absorbs the full impact of the collision. These injuries can affect mobility, cognitive function, and the ability to return to work. Many cases require long-term treatment and coordinated care.
Traumatic Brain Injuries
A brain injury can occur from direct impact or a fall. These injuries may affect memory, cognition, and daily function.
Fractures or Broken Bones
Fractures and broken bones are common in pedestrian accidents. Orthopedic injuries often involve the legs, arms, or hips and may require surgery.
Spinal Cord Injuries
Damage to the spinal cord can lead to chronic pain, reduced mobility, or paralysis. These injuries require ongoing care and support.
Internal Injuries
Internal bleeding and organ damage may not be visible at the accident scene. Immediate medical attention is required to prevent complications.
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Understanding Liability in Pedestrian Accidents
Liability is determined based on negligence and Ontario’s fault determination rules under the Insurance Act. The legal process involves reviewing how the motor vehicle collision occurred and whether traffic laws were followed.
Drivers must follow the Highway Traffic Act. This includes stopping at red lights, obeying stop signs, and yielding at crosswalks. Pedestrians also have responsibilities, but negligent drivers are often found at fault when collisions occur in intersections or designated crossing areas.
- Police reports, witness statements, and accident scene evidence help establish fault
- Traffic signals, crosswalk markings, and road design influence liability findings
- Multiple parties may share responsibility depending on the circumstances
- Insurance companies apply fault determination rules when assessing insurance claims
A clear liability assessment is essential before starting legal action or negotiating compensation.
Compensation for Pedestrian Accident Victims
Compensation is available through Statutory Accident Benefits and through a personal injury claim against negligent drivers. These two systems work together to support recovery after a pedestrian accident.
- Accident Benefits include medical expenses, income replacement, and attendant care benefits
- Medical and rehabilitative benefits for therapy, treatment plans, and assistive devices
- Compensation for lost wages and reduced earning potential
- Damages for pain and suffering
The amount of compensation depends on injury severity, recovery time, and long-term impact. Insurance claims must be properly completed and supported with medical evidence.
