Pedestrian Injury

A pedestrian accident injury refers to any harm or damage sustained by an individual who is walking, running, or standing when they are struck by a motor vehicle, bicycle, or other moving objects. 

When a motor vehicle is involved in an accident with a pedestrian, the consequences are often serious and sometimes fatal. Pedestrians injured due to the negligence of a motorist have the right to seek compensation for their pain and suffering, loss of income, and various expenses arising from these injuries. Pedestrian accident victims may require extensive long-term care.  Injured pedestrians also have the right to receive Statutory Accident Benefits to help pay for necessary rehabilitation and medical treatment.

Steps to Take After a Pedestrian Accident Injury

Stay calm and safe: Move to a safe spot if you can.

Call 911: Get help right away, even if you don’t feel badly hurt.

Remember details: Try to recall the car’s color, make, model, and license plate. Take down the insurance details of the person who hit you, if you can. If you do not have insurance of your own, the other individual’s car insurance will cover your accident benefits claim.

Look for witnesses: Ask if anyone saw what happened and get their contact info.

Take pictures: Snap photos of your injuries and the accident scene.

Get medical help: See a doctor even if you feel okay. Some injuries show up later.

Report to the police: File an official report within 24 hours.

Call your insurer: Let them know what happened as soon as you can. You may be entitled to receive accident benefits through your insurer.

Document everything: Keep records of all medical visits and expenses.

Consider legal help: A lawyer can guide you through the next steps.

Even without witnesses, you can still file a claim and get help.

How to Claim Accident  Benefits

If you have been injured in a pedestrian accident, you can seek compensation for your expenses and losses through both a tort claim (lawsuit) and an accident benefits claim. Accident benefits are available to anyone in an accident, regardless of fault, as long as you file your claim on time. If you do not have your own car insurance, you may claim accident benefits through the insurance of the car that hit you. Even if that individual does not have insurance, you may be able to claim accident benefits through other means. 

You have a duty to notify your insurer of an accident as soon as possible. After you have a limited time frame to file your claim after receiving the application. 

These benefits can cover medical and rehabilitation costs, and you may also qualify for attendant care if your injuries are significant.

If you are unable to work due to the accident, you can claim a portion of your lost income through Income Replacement Benefits. Even if you are unemployed, you may be eligible for non-earner benefits. For severe injuries classified as catastrophic, additional benefits may be available beyond the standard ones.

It’s important to note that minor injuries will reduce your eligible benefits, so it is crucial to gather relevant medical evidence to demonstrate the severity and long-term impact of your injuries.

What is a Tort Claim?

A tort claim is a legal action that an injured party can take against the at-fault driver. It’s designed to provide supplementary damages beyond what’s covered by standard Accident Benefits.

In the case of a pedestrian accident, there is a “reverse onus” on the at-fault driver. The onus is on the driver to prove that the pedestrian is at fault.

Key Areas Covered by Tort Claims:

Lost Income: Compensation for wages lost due to the injury, including potential future earnings if the injury affects long-term work capacity.

Medical Expenses: Coverage for treatments, medications, and therapies not fully covered by Accident Benefits or health insurance.

Future Care Costs and Housekeeping/Home Maintenance: Funds for ongoing medical needs, rehabilitation, or personal care assistance, s housekeeping or yard work.

Pain and Suffering: Damages for physical discomfort and emotional distress resulting from the accident and injury.

Accidents can cause problems that last a long time. A tort claim can help you get more support to deal with these long-term issues.

Why You Need a Lawyer After a Pedestrian Accident

It is important to retain an experienced personal injury lawyer to help you after a pedestrian accident. 

Your injury lawyer will gather evidence to support your case and handle all the confusing paperwork. They’ll make sure everything is filed on time and use their skills to negotiate the best deal for you. If your case goes to court, your injury lawyer will be there to fight for you. The team at Oatley Vigmond also takes care of your accident benefits claims, and handles hearings related to your entitlement to benefits. 

At Oatley Vigmond, we know how vulnerable pedestrians are, and we want to change that. We’re firm believers in road safety, whether you’re driving a vehicle or walking on the street. We understand that the time after a pedestrian accident is traumatic and confusing. Our team of legal experts can ease this burden by providing legal counsel to help you claim accident benefits.

With over 30 years of experience litigating claims involving pedestrians, Oatley Vigmond can help you better understand the law and assist you in recovering the compensation that you deserve. If you or a loved one has sustained injuries from being struck by a motor vehicle as a pedestrian, call Oatley Vigmond at 1-888-662-2481 for a free consultation.

Remember, you will not pay any fees until your case is won or settled.