March 19, 2021

Pedestrian Hit Accidents: When You Should Hire a Lawyer

You don’t always think that a brisk walk, jog, or simply crossing the road can be dangerous. Being hit by a car, however, is a nightmare for any pedestrian and can lead to severe physical injuries and mental trauma – one that is far too common.

An analysis by Transport Canada revealed that 60% of pedestrians killed in traffic crashes were trying to cross the road. National stats will give you an idea of how many pedestrians have met with accidents between 1999 and 2018.

If you’re a victim of a pedestrian hit accident, you might be clueless about what to do. After seeking medical treatment for your injuries, hire a car accident lawyer to help you get the accident benefits to which you’re entitled. Here’s why.

Why Should a Pedestrian Accident Victim Hire a Lawyer?

If you’re a pedestrian who has suffered injuries in an auto accident, you need a car accident lawyer to help you get the benefits you deserve. Here’s what you need to know about your rights as a victim and why it’s important to hire a lawyer.

What Are Your Rights If You’re a Victim of a Pedestrian Crash?

If you’re injured by a motorist when walking on the sidewalk or crossing a road, you can claim for ‘no fault’ accident benefits under the driver’s policy. You can also claim accident disability benefits from the motorist or their insurance company within seven days of the accident.

If the motorist’s negligence caused the accident, you have the legal right to sue the at-fault party (i.e. the motorist and their insurer) for damages. These are monetary benefits to help the victim recover.

But to get them, you must prove you didn’t cause the accident and were exercising reasonable care while walking

Why Hire a Car Accident Lawyer?

1) They Understand the Law

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Claiming accident benefits is a complex process that requires an in-depth understanding of Ontario’s standard motor vehicle insurance policy and personal injury law. That’s why it’s important to hire a lawyer who knows the ins and outs of personal injury and insurance laws and will tell you what the victim’s rights are in regard to compensation. Without such guidance, you won’t be able to get what you’re legally entitled to.

 

2) They Investigate

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As mentioned, to get accident benefits, you need to prove the motorist was negligent, not you. This requires substantial evidence which your lawyer will gather on your behalf. This includes accident reports, medical records, witness testimony, and photographs of the accident scene.

 

3) They Can Determine Damages

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To be fairly compensated for your injuries, both mental and physical, the amount must be calculated. The factors that determine that amount include medical bills, lost wages, and property damage. A lawyer can help determine that amount.

But how can you put a price tag on pain and suffering? An inability to walk, depression, mood swings, and sleep disturbances are byproducts of physical injuries. Although non-economic damages can be difficult to calculate, your lawyer can help convince the jury about the negative impact of pain and suffering on your quality of life. They do so by presenting credible details at court and asking doctors, life care planners and other experts to testify. This requires a skilled and experienced lawyer.

 

4) They Can Deal With the Insurance Company

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It’s not easy to get the compensation you want from the insurance company. After all, they will virtually always lowball your settlement. That’s where a car accident lawyer can help. They have experience negotiating with insurance companies for fair compensation of your losses. Without a lawyer, you have to deal with the insurer yourself and may end up getting less than you deserve.

 

5) They Can Suggest the Best Course of Action

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When you’re struggling to perform simple tasks because of your injuries, it’s difficult to think about the next steps in terms of filing an accident claim or lawsuit. Thankfully, working with a lawyer allows victims to focus on their recovery.

Your lawyer will suggest the best course of action for your case and prepare the necessary documents.

It’s stressful for victims (and their families) to get fair compensation for a pedestrian crash when they’re struggling with injuries and medical expenses. A car accident lawyer can take the pain out of the legal proceedings by giving sound advice and guiding you towards getting the benefits you deserve. We hope this blog has helped you realize how these advocates play a vital role in claiming your accident benefits and protecting your rights.

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