Even a slow-moving vehicle can do a lot of damage to a pedestrian. If you have been injured by a motor vehicle or have injured yourself walking as a pedestrian, you may be entitled to receive compensation. Alternatively, you may be able to sue the driver of the vehicle or the entity/person responsible for your injuries. Our Richmond Hill personal injury lawyers can walk you through the process of dealing with pedestrian accident injuries in Ontario. Contact us for more information today.
Common Injuries Occurring in Pedestrian Accidents
The speed of the vehicle as it strikes the pedestrian is generally the biggest factor in the severity of the pedestrian’s injuries. However, other factors may be relevant, including the angle at which the pedestrian is struck, and the size and design of the vehicle.
The most common pedestrian injuries include:
- Head trauma
- Bone fractures (especially leg and pelvis)
- Soft tissue injuries
- Traumatic brain injuries
- And more
Unfortunately, catastrophic injury and death are not uncommon in pedestrian accidents. If you or a loved one have been injured, please contact us today for a free consultation.
Insurance Benefits
A pedestrian who is injured by a motor vehicle can apply for Statutory Accident Benefits either through their own insurance company, or, if the pedestrian does not have insurance, through the insurance company of the driver who struck them. An injured pedestrian who intends to apply for benefits is required to notify the insurer within seven days of the accident, or as soon as practicable after that day.
Benefits available under the statutory regime include:
- Medical benefits
- Rehabilitation benefits
- Attendant care benefits, and
- Housekeeping benefits.
In the case of a pedestrian who is killed by a motor vehicle, death benefits and funeral benefits may also be available.
Limitation Periods
Typically, there is a maximum amount that an applicant will be eligible to receive under each benefits category for which they qualify. There may also be a maximum time over which those benefits are payable.
In some situations, it may make more sense for an injured pedestrian to bring a personal injury claim against the driver. There are limitation periods for bringing a personal injury claim and for beginning the arbitration process if your Statutory Accident Benefit claim has been denied. A limitation period is a period of time within which you are required to start an action, after which you are barred from doing so.
In Ontario, the limitation period is two years for a personal injury claim. However, it is not always a straightforward matter to determine when a limitation period has begun. It will not always start on the date of the accident. For example, an injury that medical professionals expect to improve may end up getting worse over time, resulting in a different prognosis for the pedestrian than that given immediately following the accident. In such a situation, the limitation period may not start to run until the victim of a pedestrian accident has discovered just how bad their injury was.
Contact our Richmond Hill Personal Injury Lawyers Today for a Consultation
It can be challenging to navigate the legal and financial aftermath of a pedestrian accident. From benefits to potential personal injury claims, a personal injury lawyer may be able to help clarify the process. If you have more questions about pedestrian accident injuries in Ontario, including limitation periods, contact us to book a consultation with our personal injury lawyers today.
* Please note that the information in this article is not intended as legal advice, but rather as a general overview on the subject. If you are seeking legal advice, please consult with a lawyer.
