Pedestrian accidents often result in some of the most serious injuries in motor vehicle collisions.
While vehicles have become safer for their occupants due to technological advancements, pedestrian safety has not seen the same level of innovation. In fact, the increasing size and weight of vehicles, especially with the rise of electric vehicles (EVs), only increases the risks for pedestrians.
The Rising Risks of Heavier, Faster Vehicles
The advent of electric and hybrid vehicles has introduced new challenges. EVs can be up to 30% heavier than their gasoline counterparts, primarily due to the weight of their batteries. Heavier vehicles mean more force upon impact, resulting in more severe injuries for pedestrians. Additionally, electric vehicles are significantly quieter, making it harder for pedestrians to hear them coming. They often accelerate faster than traditional cars, which can also reduce a driver’s reaction time when attempting to avoid a pedestrian accident.
Proving Fault in a Pedestrian Accident: The Challenges
One of the most difficult scenarios for pedestrians injured in a car accident is proving fault. In many cases, it boils down to a “he said, she said” situation, with no independent witnesses to verify what happened. This is where the right personal injury lawyer becomes essential. A skilled lawyer will know how to investigate thoroughly, securing evidence that could make the difference in your case. This might include:
- Obtaining traffic camera footage from nearby intersections.
- Requesting video from doorbell or business cameras in the area.
- Working with forensic engineers to extract sensor and camera data from the driver’s vehicle.
These resources can help establish who had the right of way and whether the driver took the necessary precautions before the collision.
Even in Jaywalking Cases, You May Have a Claim
Even if you were jaywalking (crossing outside of a designated crosswalk), it doesn’t mean that the driver is automatically in the clear. Drivers still have a responsibility to pay attention and take reasonable care when operating their vehicles. A driver who was speeding, distracted, or otherwise not paying attention could still be found liable for the pedestrian accident, even if you were jaywalking.
A personal injury lawyer can help determine whether the driver was at fault by analyzing factors such as:
- Speeding: Was the driver exceeding the speed limit?
- Distraction: Was the driver on their phone or otherwise not focused on the road?
- Reaction time: Did the driver have ample time to stop or slow down before the accident?
Just because a pedestrian may have crossed at an unexpected spot does not absolve the driver of their duty to act responsibly and avoid collisions.
Accessing Benefits After an Accident
While the investigation into the accident takes place, it’s important to remember that you don’t have to wait to receive assistance for your medical bills and lost income. In Ontario, even if you don’t own a car or have car insurance, you can make a claim with the insurance company of the driver who hit you.
This means you may be entitled to:
- Medical and rehabilitation benefits for treatment and recovery.
- Income replacement benefits if you are unable to work due to your injuries.
It’s crucial to request the driver’s insurance information immediately after the pedestrian accident, even if you don’t own a vehicle that needs repairing. Your lawyer can help you navigate the claims process to ensure you get the benefits and compensation you deserve as quickly as possible.
Why Legal Support is Crucial in Pedestrian Accidents
Pedestrian accidents are often more complex than they first appear, especially when it comes to proving fault and securing appropriate compensation. A personal injury lawyer with experience in pedestrian accident cases can investigate thoroughly, gather the necessary evidence, and pursue every available avenue to help you get the compensation you need for your recovery.
