Pedestrians are among the most vulnerable road users, and the consequences can be devastating when drivers fail to exercise proper care. Being struck by a vehicle can cause life-changing injuries. If you or a loved one has been involved in a pedestrian accident, Bogoroch & Associates can help. With extensive experience representing clients across Ontario, our team has the expertise to guide you through the legal process and pursue the compensation you deserve.
Contact our pedestrian accident lawyers today for a free consultation.
Why Choose Bogoroch & Associates
At Bogoroch & Associates LLP, our team has longstanding experience handling catastrophic injury litigation. Our strong Ontario-wide reputation has helped us build relationships with accident reconstruction experts and medical specialists, all of whom can help us advance the strongest possible claim on your behalf.
How Our Pedestrian Accident Lawyers Can Help
Pedestrian injury claims often involve complex investigations and expert opinions. Bogoroch & Associates will guide you through every stage of the process. Our lawyers can investigate the accident, negotiate with insurers, coordinate expert analyses and assess the full extent of your damages. If a fair settlement cannot be reached, we are ready to take your case to court.
What Is a Pedestrian Accident Claim?
While each case is unique, pedestrian accident claims generally require evidence that another party was negligent and that their negligence caused or contributed to your injury. Our lawyers will assess liability, insurance coverage and, with the help of experts, the value of your claim.
Common Causes of Pedestrian Accidents
Distracted Driving
Distracted driving can pose a serious danger to pedestrians. Drivers who are not paying attention may fail to notice pedestrians until it is too late to avoid a collision.
Speeding
Excessive speed can reduce a driver's ability to react to pedestrians and can significantly increase the severity of injuries when a collision occurs.
Impaired Driving
Alcohol, drugs, cannabis, or medications that impair driving ability can contribute to serious pedestrian accidents.
Failure to Yield & Left-Turn Collisions
Drivers who fail to yield the right of way to pedestrians, including when making left or right turns at intersections, can cause serious pedestrian injuries.
Reversing Vehicles
Drivers who reverse without properly checking their surroundings can cause serious harm to pedestrians.
Parking Lot Incidents
Limited visibility, reversing vehicles, and distracted driving can put pedestrians at risk in parking lots and other areas where vehicles and pedestrians share space.
School Zones
Drivers who fail to exercise appropriate caution or obey school-zone speed limits can endanger students, parents, teachers and other pedestrians.
Crosswalk Accidents
Drivers who fail to exercise appropriate care when approaching and travelling through pedestrian crosswalks can cause serious injuries.
Common Pedestrian Accident Injuries
Because pedestrians have little or no protection from the force of a motor vehicle collision, injuries can be serious. They often include traumatic brain injuries, spinal cord injuries, fractures, internal injuries, amputations, and psychological trauma. Pedestrian accidents can also be fatal.
Who Can Be Held Liable?
Liability in a pedestrian accident is determined by the particular circumstances of the collision and may involve more than one party. Negligent drivers may be responsible, but employers, municipalities, property owners, commercial vehicle operators, and other parties may also be liable.
Our lawyers can investigate the circumstances of the collision, identify potentially responsible parties and gather the evidence necessary to advance your claim.
Accident Benefits and Tort Claims
Pedestrians injured in motor vehicle accidents in Ontario may be entitled to Statutory Accident Benefits under the SABS, regardless of fault. Depending on eligibility, benefits may include medical and rehabilitation expenses, income replacement and attendant care. Death benefits may also be available.
An injured pedestrian may also be able to bring a tort claim against an at-fault party for additional compensation.
How Do You Prove a Pedestrian Accident Claim?
Evidence relevant to a pedestrian accident claim may include police reports, surveillance footage, witness statements, medical records and expert evidence. Our pedestrian accident lawyers can work with experts to reconstruct the accident and combine that evidence with medical evidence documenting your injuries and losses.
Compensation Available
If you or a loved one has been injured in a pedestrian accident, you may be entitled to compensation for loss of income and earning capacity, medical expenses, future care, rehabilitation, attendant care, housekeeping and home modifications.
Compensation may also be available for pain and suffering and loss of enjoyment of life. Certain family members may have claims under Ontario’s Family Law Act.
Pedestrian Accident Claim Process
A pedestrian injury claim generally begins with a free consultation. Our personal injury lawyers investigate the accident, collect and preserve evidence, assess liability and retain appropriate experts. We then pursue negotiations and, where appropriate, mediation. If a fair settlement cannot be reached, our trial-ready approach means we are prepared to take your case to court.
Common Questions Before Filing a Claim
Crosswalk accidents, hit-and-run incidents and cases involving shared fault can still give rise to claims. Insurance coverage and compensation depend on the circumstances. Limitation periods and notice requirements may apply, so obtaining legal advice promptly is important.
Frequently Asked Questions
What should I do after a pedestrian accident?
Seek medical attention, report the accident, preserve any available evidence and obtain legal advice.
Can I sue if I was hit while crossing the street?
Potentially. Your claim will depend on the circumstances of the collision and the available evidence regarding fault and negligence.
What if the driver fled the scene?
You may still be entitled to accident benefits and other available compensation. A lawyer can help investigate available insurance coverage and other potential sources of recovery.
Can I claim accident benefits if I don't own a vehicle?
Yes. Injured pedestrians may be eligible for Statutory Accident Benefits even if they do not own a vehicle.
How much compensation can I recover?
Compensation depends on your injuries, losses, future needs and the circumstances of the accident. Our lawyers can help assess the potential value of your claim.
How can a pedestrian accident lawyer help?
A lawyer can preserve evidence, investigate fault, assess damages, negotiate with insurers and take your case to trial if necessary.
Speak With a Pedestrian Accident Lawyer Today
If you or a loved one has been injured in a pedestrian accident, seek legal advice as soon as possible to preserve important evidence and protect your rights. Bogoroch & Associates offers free consultations and acts on a contingency fee basis, meaning you do not pay legal fees unless we recover money for you. Contact our lawyers in Toronto for a free consultation or call 416-599-1700.
Serving Toronto & Ontario
Speak to a Compassionate Lawyer Today. Bogoroch & Associates serves clients across Toronto and Ontario, including:
Toronto | Mississauga | Scarborough | Etobicoke | Vaughan | North York | York | Thunder Bay | Oakville | Burlington | Hamilton | Barrie | Sault Ste. Marie | Milton | GTA | Ottawa | London | Brampton | Windsor | Markham | Guelph | Oshawa | Kingston | Sudbury | Newmarket | Peterborough | Whitby | Sarnia | Georgetown | Orangeville | Woodstock | Cornwall | Lakefield | Bancroft | North Bay
