An image of a crosswalk and pedestrians crossing it, with the pedestrians out of focus and a little blurry to denote motion.Not everyone can afford a car, and sometimes in the summer, walking can provide great exercise. That’s why so many people choose to become pedestrians, particularly in Ottawa.

Ottawa is a pedestrian city where many citizens travel by foot or bicycle for leisure, errands, or employment. Unfortunately, many motorists disregard pedestrian safety and drive distracted or recklessly. And sometimes, accidents just happen, that can put pedestrians in danger, or cause them injury.

Whether you are struck by a tourist, Uber driver, or a local Ottawa driver, you deserve compensation for your injuries. At Auger Hollingsworth, our Ottawa personal injury 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.

Free Consultation With Experienced Ottawa Pedestrian Accident Lawyers

Car Accident 2Ottawa personal injury lawyers Brenda Hollingsworth and Richard Auger have representee victims through Ontario since 2004 and helped their clients win hundreds of thousands of dollars in compensation. They help clients who have suffered severe injuries because they were a pedestrian and got hit by a motorist, as well as other forms of injuries.

Getting hit by a car is a terrifying experience for anyone, especially if you come out of it with injuries and are unable to work, or can’t function in your day to day life, which is why you need your insurance to help cover your daily expenses while you recover, or even for longer periods of time.

It can be difficult to determine fault in a pedestrian accident case, and insurance companies often will try to dodge paying out if they can. That’s why it’s important to work with an experienced personal injury attorney to ensure you get the compensation you need to adjust to life with your injury.

We put your needs first, and you won’t pay anything unless and until you get a settlement or judgment.

What to Do After a Pedestrian Accident

Car Accident 2If you were hit by a driver as a pedestrian, the moments after the crash can be confusing and intense, and it can be difficult to know what to do. The best thing to do is to try to stay calm, and take the appropriate next steps to get medical treatment and get the information you’ll need to file a claim with your insurance in the future.

After getting hit, here’s what you should do:

  • Seek medical assistance immediately, even if your injuries don’t seem severe. You may need those medical records in a future claim, and some injuries may not be apparent immediately.
  • Call the police. Witnesses may have already done it, or the driver, but make sure someone called the police. You’ll need the police to file an official report, even if you didn’t get hurt.
  • Get the driver’s information. Even if you don’t think you’re injured, don’t let the driver leave without getting their information. Don’t talk to the driver about who is at fault, or apologize in any way.
  • Take pictures of the scene. The location, the car, your injuries, any road signs nearby. 
  • Get the information of any witnesses. If anyone saw the accident, their testimony might be useful in the future if you end up in court.
  • Contact your insurance company.
  • Contact an attorney.

It’s always best to speak to an attorney after an accident, as they can help you to ensure you get all the compensation you deserve if your insurance company doesn’t grant you what you need.

Ottawa Pedestrian Accident Compensation and Benefits

Car Accident 2Pretty much the most common question that accident victims have after getting hit is: how much is my claim worth? How much compensation can I get?

There’s no easy and quick way to determine how much you can get after you file your claim, because there are a variety of elements that factor into your claim. But there are two main sources where you might get compensation from:

  • Your own insurance company, paying out your benefits to help you care for yourself after your accident.
  • The at-fault party may pay, depending on the ruling, circumstances, and severity of the accident.

You can get compensation for things like:

  • Medical expenses and rehabilitation costs
    Loss of income
  • Pain and suffering

After an accident, figuring out how to proceed and file your claim can be intimidating, and there are so many factors and laws that affect how you file your claim and how much compensation you can get. Working with a lawyer will help you ensure that your suit is filed properly, and that you get the compensation you deserve.

Frequently asked questions about pedestrian accidents

Who is at fault for a pedestrian accident?

It’s important but also sometimes tricky to determine who is at fault for a pedestrian accident. Often the fault falls on the driver who hit the pedestrian including if they were:
  • Under the influence
  • Distracted
  • Speeding
  • Running a light
  • Failing to yield
  • Or other circumstances.

But there are also instances where a pedestrian can be held at fault, including:

  • Under the influence
  • Distracted or texting while walking
  • Crossing outside of a crosswalk
  • Running into traffic unexpectedly

It’s best to speak to a lawyer to evaluate your case and help you gather the appropriate evidence to file your claim and ensure you get the compensation you need after your accident. Call +1 (613) 233-4529 to set up your free consultation and learn more about how our personal injury lawyers can support your case.

When do I need a pedestrian accident lawyer?

There’s no specific timeline or deadlines to hiring a pedestrian accident lawyer after an accident, but if you were injured, it’s best to speak with one as soon as possible. It can be difficult to work with your insurance company, and if your claim is denied, then having a lawyer to represent you in court is invaluable. They can help you gather evidence, represent you in court, liaise with your insurance, and help you get the compensation you need after your injury.

And remember that most personal injury lawyers work on a contingency basis, so they will take their fee out of the judgment or settlement amount in court. Set up a free consultation today to learn how our experienced personal injury lawyers can help you after your accident.

Who can be held responsible after a pedestrian accident?

Often the driver who hit a pedestrian is held at fault for a pedestrian accident, but that’s not always the case. Things such as pedestrian negligence, road conditions, and other factors can play a role in who is held responsible for the accident.

If the road was damaged, or the sidewalk caused the pedestrian to trip and be hit, the city or property owner can be held liable for the accident. Or if the pedestrian was distracted, intoxicated, or breaking pedestrian laws, they can be held partially or fully liable for the accident.

It’s best to speak with a lawyer to hear all the details of the accident, so you can determine who is at fault and then take the appropriate next steps to seek the compensation you need to recover from your pedestrian accident injury.

What if I was partially responsible for my accident?

Since liability can have a multitude of factors, sometimes the pedestrian may be held partially responsible for accident because they participated in something called “contributory negligence.” Depending on the amount of negligence the court finds the pedestrian is responsible for, that amount will be taken off the total amount of compensation for the accident.

So say the court finds the injured pedestrian was 10% responsible for getting hit, that 10% would be taken off the compensation amount.

What are the most common types of pedestrian accident injuries?

Getting hit by a car is both scary and dangerous, and can cause a multitude of injuries. The severity of the injuries will depend on a case by case basis, as well as factors such as how fast the car was going, and other variables. Some of the most common pedestrian accident injuries include:

  • Soft tissue damage, like bruises, cuts, sprains, strains, dislocations, and tears.
  • Broken bones or fractures.
  • Head, neck, and facial injuries such as vertebrae injury, skull fracture, brain damage, and concussions.
  • Trauma to the legs and pelvis.
  • Traumatic brain injuries.

Some of these injuries can be less severe than others, but even the less severe ones can cause complications, long-term issues, and scarring. Being seen by a doctor directly after an accident is imperative to discover the severity of your injuries. Then, speak to a personal injury lawyer to learn how they can help you get the compensation you need to recover after your accident.

To determine the claim amount, the amount of your damages and the extent of your injuries will be considered.

 A knowledgeable personal injury attorney can help you negotiate the best settlement or fight for a higher claim amount in court.

What Our Clients Say

“In Dec of 2019 I experience a trauma accident at a local store. Within a week I got in touch with Auger Hollingsworth and spoke to Yoni Aroosi (injury Lawyer), who made me feel that I had definitely picked the right firm to deal with my injury. My team moving forward was Calla Rose (injury Lawyer) and Gabriella Volpi (law clerk). I have to say that I am not the most patient person and thank goodness my team had plenty for all of us. I found this firm to be very professional and I was very pleased with the caring treatment I received from everyone at this firm. I was also very pleased with the outcome of my case and glad that it is over and now I can move on with my life. Thank you Calla and Gabi.”

Sandie Barker

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 (613) 233-4529 or contact us online.

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