A pedestrian accident is a situation in which a person who is not in a vehicle is struck by a vehicle while walking, jogging, rollerblading, or skateboarding.
It is important to note that the Toronto police does not include a person who is biking on the above-mentioned list. Some of the most common pedestrian injuries include but are not limited to the following:
- Multiple fractures
- Head injuries or traumatic brain injuries
- Spinal cord injuries and/or paralysis
- Bodily amputation
- Facial scarring.
Like many other injuries, if you are not at fault in a pedestrian accident, there are two main options available: either getting accident benefits or filing a tort claim against the other party.
A pedestrian hit by a car has two years from the date of the accident to file a claim. It is important to remember that this two-year deadline refers to the amount of time you have to file a lawsuit. Meaning that the other deadlines that exist for insurance companies and usually shorter. You only have seven days from the date of your accident to file a claim with no-fault insurance. You also only have 120 days to inform a negligent party that you intend to sue them.
Many people ask whether they need to provide a witness for these kinds of situations. It is important to note that the first witness should be the driver of the car that hit you. In Ontario, when a pedestrian gets injured in a car accident, there is a presumption that the driver of the car is at fault. However, this does not mean that the pedestrian is always right. The driver does have the ability to refute this presumption of negligence.
Therefore, if you are a pedestrian, it is usually beneficial to have a witness who can recall the events on the accident. It is also important to note that there are some situations where you are mandated to call the police after the accident. Anytime you suspect that the damage to all vehicles is more than $2000, or that there had been a criminal violation by any of the parties, the police must be called.
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