Pedestrian Accident Lawyer

Being involved in a motor vehicle accident can be very traumatic. Emotions like fear, worry and nervousness are often triggered the moment a collision occurs. This is a normal reaction, as many drivers have never been in these situations before. Pulling over to safety, safely exiting the vehicle to exchange information and speaking with other involved persons can be quite daunting.

What happens though, if you are hit and the driver flees the scene, leaving you in a state of peril? The first step is to stay calm. It is crucial to make an attempt to identify the vehicle that has impacted you. Try to catch the color, the make/model and most importantly, the license plate of the vehicle. In many situations, the vehicle drives away before you are able to have time to react. In that case, trying to remember as much as you can about the vehicle, if possible. It is crucial to call 911 as soon as this occurs. By memorializing the hit-and-run in a police report, you are doing yourself a favour if you decide to pursue legal proceedings. Also, urgent medical attention may be required, and that is your first priority.

Another useful tactic would be to ask nearby bystanders if they witnessed the accident. By having a third party corroborate your version of events, you are increasing your chances of identifying the vehicle that failed to remain at the scene.

As well, it my assist if the surrounding businesses and homes are checked for any available cctv camera recording of the incident.

After following the aforementioned steps, what is the course of action to take if the vehicle that hit you and the driver cannot be identified?

In cases where the vehicle and/or driver is not identified in an accident and you suffer injuries or damage to your vehicle, it is possible to make a claim on your own auto insurance policy. This is classified as uninsured/underinsured/unidentified motorist coverage (“UMC Coverage”) and ought to be utilized to recover damages. Every motorist in Ontario as UMC Coverage as part of their own auto policy. Pursuing a claim against your insurer can be complicated and requires legal input. After all, your insurer will instigate formal investigations and prepare its case against you to reduce it’s liability for your tort claim and damages caused by the escaped motorist.

Let the experienced personal injury lawyers at Grillo Law  work in your corner to deal with your insurer and help you in receiving the compensation you so justly deserve.

Common injuries suffered in pedestrian accidents

Accidents involving pedestrians can result in serious personal injuries which often result in expensive costs in treatment and rehabilitative care. Many pedestrian accident victims will require long term care.

If you’ve been injured in a pedestrian accident, you should consult a personal injury lawyer to help you to get the benefits to which you are entitled. Your lawyer can also help you to file a tort claim so that you are fully compensated for the losses that you have incurred.

Some of the most common pedestrian injuries include

• Fractures
• Spinal cord injuries with or without paralysis
• Head or brain injuries
• Facial injuries and disfigurement
• Amputation
• Torn ligaments

When a pedestrian is injured by a moving car, it is not always the driver who is at fault, but pedestrians in Ontario are protected by Section 193(1) of the Highway Traffic Act. According to the Act, drivers are always initially considered guilty. The onus is on the driver to prove that the pedestrian is at fault.

The driver must prove that he/she was obeying traffic ordinances and driving safely. They must also show that the pedestrian was under the influence, jay walking or just stepped in front of the car. Quite often guilt is apportioned and the damages may be similarly split.