Pedestrian Accident Claims
Most vehicular accidents involving motorists and pedestrians happen in developed areas. In such incidents, it is the latter who suffers fatal and severe injuries. Nobody is invulnerable to accidents as they occur anytime for all ages. In Canada, the burden typically lies on the driver. The pedestrian accident claims are available under pedestrian claims provisions of the law.
All drivers must obey traffic rules and drive safely. Nonetheless, accidents do happen. Nobody wants it. For situations where traffic laws cannot be applied, the driver should apply common sense and reasonable actions under the circumstances. It is negligence if one fails to do so. This applies to pedestrians, as well.
Common Causes of Pedestrian Accidents
The reports of accidents show the common reasons of this kind of tragedy. These factors are usually the cause of injuries and deaths:
Failure of the driver to yield. It is the utmost consideration for every driver to grant the right-of-way of pedestrians. There are times that the drivers hit the latter while crossing, turning left or right, or going straight.
Vehical Speed. Higher speeds are most likely result in accidents. The driver cannot easily control their vehical at higher speeds.
Unfocused Pedestrian and Driver with Distractions. Sometimes, talking to mobile phones, listening to music with an earphone, skate-riding and many other types of distractions makes people vulnerable to accidents. There are pedestrians who halt on mid-block, as well.
Disobeying Traffic Rules. Signals are important. Most pedestrians cross the roads without looking at the traffic signs. There are times, too, that they walk outside the crosswalks, sidewalks and jaywalking.
Disabled Persons and Senior Citizens. People of old age, and those using assistive gadgets like canes, walkers, or wheelchairs are moving slowly. The risks are high for this kind of individuals to hit.
Alcohol or Drug. In the case of drivers, it is called DUI or driving under the influence.
Vehicular Malfunction – The brakes, tires or electronics malfunctioning are the common causes of accidents.
The Pedestrian Accident Claims – How to File?
A pedestrian that sustains an injury can file a claim for compensation. You can claim for “no fault” benefits provided under your insurance policy or the policy of the driver. If the driver is proven to be negligent, you may file a suit against him and his insurance company. Damage compensation is in monetary form. The sum of it will depend on the condition of the injured victim. It is calculated to the time that the injury heals and the victim is back to his old self before the accident happened.
To claim for accident disability, you must get in touch to your insurer ASAP. If a serious injury happens because of a negligent driver, the pedestrian has the right to sue them and receive compensation for the following:
Loss of past and future incomes
Future care expenses
Cost for housekeeping, service and maintenance repair
Expenses for your family
What are Admissible Evidences for Pedestrian Accident Claims?
Each province is governed by transportation laws involving motorists and pedestrians. It is best to check if there is indeed a violation of traffic laws.
To succeed in pedestrian accident claims, there must be evidences as proof that the driver violates his responsibility. The proof is the injuries you acquire. The medical report explains the severity of injuries. The hospital’s emergency room admission record is necessary. The doctors and nurse’s statements are also important.
Second, get an extract of incident reports from authorities. Usually, police reports do explain in details. They also include their impressions to the causes. The names of witnesses are also kept in their list. The police will normally issue tickets, too. It is the evidence whether you or the driver is at-fault.
Third, after an accident, the parties involved do utter statements like saying sorry, “I didn’t see you”, “I will pay for all expenses during treatment”, etc. These are admissible facts and a solid evidence of guilt and liability. Thus, it becomes a good supporting statements to your pedestrian accident claims.
Fourth, images and photos taken at accident’s scene are also valuable. Pictures paint a thousand words, but it will portray the obvious. It can contradict a party’s assertions of no liability to the accident.
Fifth, your clothing during the tragedy is also important. It is best to keep it. The car’s debris and paint may have lodged in your shoes, clothing or accessories. They are strong evidence to the case.
Lastly, the medical bills are the kind of evidences that explain your treatment. It is added to the lost wages and out-of-pocket expenses.
The more evidence you present, the more likely you will get the maximum settlement. The perfectly organized evidences give you the chance to arrive into a successful pedestrian accident claim.
If you have been injured walking in the Ottawa area speak to one of our Ottawa injury lawyers and arrange a free consultation.