Personal Injury Law
Pedestrian Accident Lawyer
Personal Injury Law
Pedestrian Accident Lawyer
In a motor vehicle accident, pedestrians are most vulnerable to catastrophic or fatal injuries. If you are the victim of such an accident, you will need the assistance of our personal injury lawyers to help you with your claim and get the compensation you deserve for medical expenses and lost wages. Our ‘No Win, No Fee’ policy allows you to focus on your recovery without worrying about the legal expenses.
At Nanda and Associate Lawyers, our personal injury team has a strong track record of victories in securing the maximum compensation for our clients. Let our experienced personal injury lawyers fight for your rights and help you win the just and fair compensation you are entitled to! Connect with our personal injury lawyers for legal support and guidance today.
Our Personal Injury law services
- Boating Accidents
- Bicycle Accident
- Car Accidents
- Catastrophic Injury
- Chronic Pain
- Cross-Border Injury
- Dog Bite Injury
- Fractures and Orthopaedic Injuries
- Liability in Personal Injury
- Long Term Disability Insurance
Claims - Medical Malpractice
- Motorcycle Accidents
- Nursing Home Negligence
- Occupiers’ Liability
- Pedestrian Accident
- Product Liability
- Slip & Fall Injuries
- Spinal Cord Injury
(Neck, Back, Whiplash & Spinal Cord Injuries) - Sports Injury
- Traumatic Brain Injury (TBI)
- Truck Accidents
- Wrongful Death
What is the legal definition of a pedestrian?
A pedestrian in an accident is anyone who was not in the vehicle when the event happened. This can be someone travelling on foot or using an assistive mobility device, such as a regular or motorized wheelchair or anyone pushing a cart, stroller, or skateboard on the street. Under Canadian law, it is the obligation of the driver to yield the right of way to pedestrians wherever required and of the government to make provisions for pedestrian crossings and crosswalks for their safety.
What is contributory negligence in pedestrian accident cases?
Contributory negligence in a personal injury claim refers to a situation where multiple parties have contributed to the negligence that caused the accident. In such cases, the court will have to decide the proportion of the contributory negligence attributable to each party and rule on their liability accordingly. Let us say that in a case where the driver of the vehicle caused the accident because of his overspeeding, the municipality was also found responsible for the poor condition of the road, and the pedestrian was found partially liable for ignoring the traffic signal. Since they have all contributed to the accident, the court will divide their proportional liability for the compensation as per the guidelines.
How can our personal injury lawyer help you?
In an accident case, it is highly advisable for you to engage the services of a personal injury lawyer from the very beginning. An experienced personal injury lawyer can help you with the following:
Investigating and building the case:
If you do not have enough evidence to support your claim, it will be difficult to prove negligence in a personal injury case. Your lawyer will build the case and prove the liability of the defendant by collecting witness statements, expert testimonies, CCTV footage, hospital records and police reports.
Negotiating the settlement:
In most cases, the insurance providers and the lawyers will settle the case through negotiations. Let your experienced personal injury lawyer handle these negotiations to ensure that you are getting the full compensation entitled to you as per the policy coverage.
Legal representation:
If the matter is not resolved through negotiations, it will be necessary to initiate legal proceedings. You will need an experienced personal injury lawyer to argue your case in court and ensure that you receive the maximum compensation applicable in your case.
How We Can Help
Contact our personal injury lawyers for the speedy resolution of your pedestrian accident claim. Schedule an appointment with our personal injury team for a consultation today.
Frequently Asked Questions
What are my options in a hit-and-run case where the driver is still unidentified?
In such cases, you may claim the compensation from your insurance provider under your policy coverage. Even if you are not insured, you will get some relief from the provincial funds set up for such hit-and-run or uninsured accident cases.
I was in a hurry and ignored the traffic signal. Will my personal injury claim be rejected?
Canadian law follows the principle of contributory negligence in personal injury claims. This means that your compensation amount will be reduced in proportion to your contribution to the cause of the accident. If it is determined by the court that you contributed 40% to the cause of the accident, you will only receive 60% of the compensation amount from the defendant.
What is the statute of limitations on pedestrian accident claims?
There might be some slight variations in the statute of limitations across provinces and territories. However, generally speaking, you are required to file your claim within two years of the accident. But if you are planning to file a claim against the municipality or other government agencies, then you need to notify them within 10 days of the accident.
What types of compensation am I entitled to in a pedestrian accident claim?
This will vary from case to case, but generally speaking, you will be entitled to the following types of compensation:
- Medical expenses: Compensation for hospital treatment, rehabilitation, prescribed medicines, and future medical expenses, including attendant care.
- Lost wages and loss of earning capacity: Compensation for the wages you lost during your recovery, and if your injuries have permanently reduced your earning potential, you will be compensated for that as well.
- Pain and suffering: Compensation for the emotional trauma and distress you suffered throughout this period.
- Home maintenance and housekeeping expenses: You can also claim compensation for the expense of hiring people for various household chores and maintenance work you were able to do on your own before the injury.
- Out-of-pocket expenses: Compensation for any other additional expenses you incurred because of the accident and injuries incurred.
How does a contingency fee arrangement work when hiring a personal injury lawyer?
Reputed law firms such as Nanda and Associate Lawyers offer their services to clients who cannot afford to pay the fees on a contingency fee basis in personal injury cases. This means that their legal fees are contingent upon their securing you fair compensation in your case. This means that there will be no upfront fees or other legal charges. These will be settled as a percentage of the final compensation award. Most importantly, if you fail to receive any compensation in the case, your lawyer will not get paid either.
What is the discoverability principle in personal injury cases?
Generally, in personal injury cases, the statute of limitations for filing the case is two years. However, under the discoverability principle, this two-year limit will start only on the day you have discovered a hidden injury, many months or even years after the accident. For example, a recent medical check-up might reveal that you have a herniated spinal disc as a result of an accident from three years ago. The delayed discovery of your injury means that the two-year period for the statute of limitations will start only on the day the injury was diagnosed and you became aware of its cause. In other words, you may still file a personal injury claim with your insurance provider or against the at-fault party for this injury.