Pedestrian Accident Lawyers - Injury Compensation
Pedestrian accident lawyers in Canada deal with thousands of claim settlements annually for those injured by motor vehicles whilst walking along the highway. Fifteen thousand pedestrians are killed or injured every year on the roads in Canada. School children and the elderly are the most vulnerable with half of all pedestrian fatalities occurring in the late afternoon. Excessive speed of the vehicle involved is responsible for over a third of all motor accidents which are the biggest single cause of accidental death amongst those under 30 years old.
When a motor vehicle comes into contact with a vulnerable pedestrian there are usually serious consequences. Injuries to pedestrians involved in collisions with motor vehicles are often severe. Pedestrians are most risk of personal injury during inclement weather and at night with dawn and dusk being particularly dangerous times. The elderly and children are at particular risk. If you have been injured by a negligent driver whilst walking you should urgently contact a pedestrian accident lawyer for legal advice, to preserve your legal right to receive compensation. Our pedestrian accident lawyers offer free advice with no further obligation and they will advise on liability and the likely value of the potential claim.
In almost all cases of pedestrian injury caused by collision with a motor vehicle it is the driver that is at fault for causing the accident. Although pedestrians often cross the street in a negligent fashion, most of the time, the pedestrian effectively has the right of way and the driver of a motor vehicle is expected to be able to stop except when the pedestrian suddenly and unexpectedly dashes into traffic without warning. If the pedestrian does break the rules and an accident ensues, it is likely that the court will deem the pedestrian only partially liable, with the majority of blame falling on the driver on the basis of the doctrine of ‘contributory negligence’ which means that a judge will allocate blame on a percentage basis thereby reducing damages paid to an injured pedestrian by a negligent driver. If you need advice from a pedestrian accident lawyer just call the helpline.
Pedestrians who are struck by a car can sustain a number of serious injuries besides the obvious bruises and scrapes :-
Head injuries are very common. Head injuries can be closed head injuries—without a skull fracture—or open head injuries, in which the skull is fractured. In both cases, unconsciousness is common and there is a risk of pressure building up within the skull from internal bleeding. If the pressure is too great, the patient can die from a condition known as “herniation”, in which part of the brain pushes through the base of the skull.
Spinal injuries are also common. The spine, especially the cervical spine, is very vulnerable to crush injuries and twisting injuries. The spinal cord can be bruised or even transected, leading to paralysis. Injury to the cervical spine often leads to quadriplegia—paralysis of the upper and lower extremities. Damage to the thoracic or lumbar spine can lead to paraplegia—inability to move the legs and problems with bowel and bladder control.
Internal injuries can be especially dangerous if not caught and treated early. Common internal injuries include bowel rupture, splenic fracture and liver fracture. These areas can bleed, causing major hemorrhage. Bowel rupture can cause peritonitis, serious infection of the abdominal cavity.
Less serious injuries include fractures of the clavicle, arms, legs and pelvis. These are often noted immediately and the time of the accident but should be given lesser attention than the other injuries noted above.
Pedestrians who are involved in motor accidents may have a claim against the driver of the vehicle but it must be proved that the driver was negligent and his negligence caused the accident. Proving liability in these cases can be particularly difficult especially if there are no independent witnesses. Our pedestrian accident lawyers may use specialist consultant forensic accident reconstruction experts to present analytical evidence of the causes of the collision. It is now possible to recreate accidents on computers using virtual reality programs which take into account all of the physical evidence including road geometry, weather, technical data and injury characteristics. Other physical information can be mathematically modelled to estimate speeds and ascertain the possible sequence of events. The very nature of the circumstances of this type of accident generally indicates that the driver will be held responsible to pay compensation for personal injury.
The pedestrian or the pedestrian’s family makes a call to a lawyer who then reviews the witness statements, the accident report and the medical report. The pedestrian accident lawyer may visit the victim in hospital to see the injuries and obtain further detail of the circumstances of the accident. Photographs of the injuries are often taken as soon as possible to advance negotiations or for use as evidence in a court of law. Determination is eventually made as to the extent of the injury and the potential recovery period and whether or not the injuries are severe or permanent. It is then that a claim is made against the car driver’s insurance company which may be represented by a lawyer. The entirety of the injuries and disabilities including psychological trauma are collated so that a claim of specific value can be made. When the claim is made, the two party’s representatives decide if they can agree by negotiation on liability and the value of the claim. If they cannot agree, the case goes to a court of law. The two sides share what they know in the court which hears both sides of the story and a deliberation is made as to liability and the amount of the award. In most cases, it is the pedestrian who wins the legal battle in the courtroom.
Pedestrian Accident Lawyers
If you are a pedestrian involved in a motor vehicle accident, you should call a specialist personal injury lawyer, preferably one who is skilled in dealing with pedestrian accidents. A pedestrian accident lawyer will review your medical records, witness statements and the accident report prior to advising on liability and the value of the claim. If the motor vehicle driver was negligent, the lawyer can file a claim in a court of law to compensate you for the accident. There is nothing to pay unless the claim is successful.
Our pedestrian accident lawyers offer expertise that is second to none. All of our lawyers deal exclusively in claims involving physical injury. If you have been injured as a pedestrian and would like to talk to an experienced car accident lawyer without obligation then just call the helpline or email our offices or complete and send the contact form and a lawyer who deals exclusively in accident claims will phone you with free advice and information on how best to preserve your legal rights to compensation for your injuries.