Ottawa Pedestrian Accidents Lawyers
Ottawa is a pedestrian city where citizens travel by foot or bicycle for leisure and employment. Unfortunately, many motorists disregard pedestrian safety and drive distracted or recklessly.
Whether you are struck by a tourist, Uber driver, or a local Ottawa driver, you deserve compensation for your injuries. At Auger Hollingsworth, our lawyers are dedicated to protecting your rights and helping you obtain the fair compensation you deserve. The moment we receive your call, our knowledgeable attorneys guide you through the process of filing a claim and remain by your side until your case is resolved.
What to do if you were involved in a pedestrian accident?
Pedestrian accidents often occur without warning. One moment you may be on your way to work or to grab a cup of coffee. The next, you are lying on the pavement waiting for an ambulance. If you are the victim of a pedestrian accident in Ottawa, Ontario, it is vital to your health, as well as any subsequent legal case, that you follow these steps:
- Get the medical attention you need — Shock and adrenaline can mask the pain of a serious injury. If you are struck by a motor vehicle, seek medical care immediately.
- Insist that the police attend the scene — Being struck by a motor vehicle is a serious matter. Even if you suffer minor injuries, police should be called to the scene to investigate — a drunk or reckless driver is a danger to others as well.
- Obtain the driver’s name, license plate number, and insurance information — If possible, write down the driver’s name, plate number, and insurance information. You can use your phone to take photos of the scene and any injuries you may have.
- Call YOUR OWN insurance company to report the accident — As soon as you are healthy enough to do so, call your insurer and tell them about the accident. This will not affect your rate and is vital to your insurance claim and/or legal case.
- Get advice from a personal injury lawyer — Second to seeing a doctor, consulting an Ottawa injury lawyer is the most important step you can take after a pedestrian accident. Your attorney can quickly review your case, protect your rights, and help you obtain fair compensation.
A broken leg or traumatic brain injury can result in long-time pain, disability, and rehabilitation. If your injury was caused by the careless or reckless actions of another person or entity, we can help you seek justice.
Crosswalks vs. Crossovers
Before January 1, 2016, Ontario law treated crosswalks and crossovers the same: Motor vehicles were required to stop at their half-portion of the road if a pedestrian was present. Thus, if a car pulled up to a crosswalk or crossover while a pedestrian was crossing, the driver was required to stop until the pedestrian crossed in front of the vehicle and was safe across the other half of the crosswalk/crossover.
However, after January 1, 2016, the law changed. Today, when approaching a crossover with pedestrians actively walking, vehicles must come to a complete stop and remain as such until the pedestrians are safely across. The same applies to crosswalks whenever a crossing guard is on duty.
These are the primary differences between crosswalks and crossovers in Ontario:
- Crosswalks are used at traffic lights and stop signs and are clearly marked pedestrian walkways. Pedestrian crosswalks have signals such as, “Don’t Walk” or “Walk,” or a hand symbol.
- Crossovers are also clearly marked pedestrian walkways, but they can appear anywhere in the city. Generally, they have signage for vehicles rather than pedestrians. Many appear as flashing yellow lights, typically with an “X” on them. Regarding crossovers:
- It is unlawful for drivers to pass a vehicle already stopped at a pedestrian crossover.
- It is unlawful for drivers to pass a moving vehicle that is within 30 meters of a crossover.
Keep in mind that as a pedestrian you must apply common sense when safely using crossovers. And remember, pedestrians, do not always have the right of way. According to the Highway Traffic Act, “No pedestrian shall leave the curb or other place of safety at a pedestrian crossover and walk, run or move into the path of a vehicle that is so close that it is impracticable for the driver to stop”.
No-Fault Accident Benefits
If you are injured in a pedestrian accident with a vehicle, you may be entitled to compensation by seeking Statutory Accident Benefits (SABS) under your no-fault auto insurance policy. Even if you do not have automotive insurance, you may still be able to obtain compensation by filing a claim through the driver’s policy, the Motor Vehicle Accident Claims Fund, or a family member’s policy.
Depending on the extent of your injuries, you may be entitled to the following SABS accident benefits:
- Income replacement benefits — If your injury prevents you from working, you may receive compensation for your lost salary.
- Non-earner benefits — Intended for people who were not working when the accident occurred and are now unable to live a normal life as a result of their injuries.
- Medical and rehabilitation benefits — You may receive compensation for any number of reasonable medical expenses such as rehabilitative treatment including physiotherapy, psychological therapy, or occupational therapy, or prescription medication.
- Attendant care benefits — If you qualify for assistance, you may receive compensation to cover the cost of hiring an aide or personal support worker.
- Housekeeping benefits — Depending on your injuries, you may be unable to maintain daily responsibility or housekeeping. SABS can help you find help.
- Caregiver benefits — Should your injuries require long-term disability care from a live-in nurse, you can seek compensation under SABS.
Remember, under Ontario’s Statutory Accident Benefits law, pedestrians can seek compensation under their own no-fault auto insurance policy if they are injured by a motor vehicle.
Proving Liability for a Pedestrian Accident
Establishing liability in an Ottawa pedestrian accident can be tricky, especially when the accident occurs outside of pedestrian safety zones like crossovers and crosswalks. Since motor vehicle drivers are capable of inflicting grievous harm upon pedestrians, they must prove they are not at fault. Nonetheless, pedestrian accident cases can be difficult and it is best to proceed only after consulting with a skilled injury attorney.
In this second part of a 3-part interview personal injury lawyer Brenda Hollingsworth describes what steps to take after an Ontario motor vehicle accident.
Get a FREE assessment from us here https://ahinjurylaw.com/
Are you looking for expert advice after an accident? The smartest step you can take after any accident is to connect with a personal injury lawyer for a FREE consultation.
In Ontario, Canada, Personal injury lawyers Brenda Hollingsworth and Richard Auger with their team of experienced lawyers offer FREE, no-pressure, advice about your rights and entitlements when you have been hurt.
For more information on whether you have a claim for car accidents, motorcycle accidents, bicycle accidents, any other road accidents, accidents at work, slips and falls, etc, go to https://ahinjurylaw.com/
The interview also discusses what information you should collect at the accident scene before you leave. Get the other driver’s name, address and driver’s license. Wait for the police if they have been called.
It is also important to get medical attention as quickly as possible. It is easier to prove your injury was caused by the accident if you see a medical doctor as soon as possible after the accident.
What Our Clients Say
You improve your chance to secure the best compensation by hiring an experienced personal injury lawyer. You will dramatically improve the outcome of your case if you speak to a personal injury lawyer BEFORE you speak to an insurance adjuster.
Read what Camila had to say about us on Google:
“This is more of a personal thank you rather than a review. Thank you to the whole Auger Hollingsworth team for the amazing service they have provided me in distressing times. Before making my decision to go ahead with Auger Hollingsworth, I had previously made phone calls to other lawyers. It was upon meeting Bianca there that I was certain this was the team I wanted to deal with. They kept all my records super organized, answered my phone calls and emails in a timely manner, and pushed to close the case within just over 4 years after the car accident. When you deal with a painful situation, you want people who understand your case, who take the time to explain the process and clarify any of your questions, and who communicate in a clear manner for the common citizen who isn’t in law. That’s exactly what they did, and more. I’ve gone to 2 of their locations and in both of them it was clear that everyone working there is happy to be there, which makes it obvious that the leadership is stellar. So, thank you to the whole team, to the various lawyers who helped me, to everyone I interacted with while I was there, because without you I would still be in pain with less funds to take care of my health.”
Rating: 5/5 ⭐⭐⭐⭐⭐
Contact experienced Ottawa pedestrian accidents lawyers
With a national reputation and proven track record of success, Auger Hollingsworth is Ottawa’s premier pedestrian accident law firm. To schedule a free, no-commitment case assessment, call 1-888-574-4529 or contact us online.