- NOTICE: Operating during COVID-19
- We speak: English, Russian, Ukrainian, Punjabi, Hindi
Toronto Pedestrian Accident Lawyers
Verkhovets Law, Toronto pedestrian accident lawyers, know the awful truth – every day, six people are hit by a car just in Toronto. A frail senior doesn’t make it through an intersection. A sweaty jogger never turns the corner. A child in a crosswalk won’t finish his ice cream. All innocent victims of pedestrian accidents; lives brutally altered by impatient, texting, distracted, raging, speeding, fatigued-or worse intoxicated drivers.
Here’s why you need Toronto pedestrian accident lawyers: When human flesh collides with the metal body of a car, human flesh usually loses.
Our Toronto pedestrian accident lawyers have seen the stats: Toronto Police reported that from 2015 to 2019 on average, 40 pedestrians died each year on our roads, while the number of significant injuries fluctuated from 112 to 172. Ontario saw 126 pedestrians killed in 2019 – more than 21 per cent of total car accident fatalities.
As for Canada, we’re one of only seven industrialized countries where pedestrian fatalities are rising. While the numbers are devastating, at Verkhovets Law, you are not a statistic.
Contact us today
Why you need our Toronto pedestrian accident
lawyers to handle your case
Why you need our Toronto pedestrian accident lawyers to handle your case
The Toronto pedestrian accident lawyers at Verkhovets Law know the adage “innocent until proven guilty.” But in Ontario, under the Highway Traffic Act, when a lawsuit is launched against the driver in a pedestrian accident, it’s a reverse onus – guilty unless s/he proves otherwise. Meaning drivers are generally held liable in a pedestrian accident.
But what if the pedestrian accident survivor did something negligent to contribute to the collision?
Toronto pedestrian accident lawyers know that sometimes people mistakenly don’t pursue a pedestrian accident lawsuit (tort action) because they know or suspect they’re partly at fault. Working with us, you will see that it does not bar compensation, even if you made a misstep. It’s contributory negligence – the pedestrian may be assigned a percentage of how much their actions contributed to the accident – lowering their damages by that amount as outlined in the case Lloyd v. Rutter (2003).
There’s more: Our Toronto pedestrian accident lawyers reveal an injured pedestrian can collect Statutory Accident Benefits Schedule (SABS) through their insurance, or the driver’s. Even if they’re 100 per cent to blame. Plus, collecting does not preclude the launching of a lawsuit.
Further, the Toronto pedestrian accident lawyers of Verkhovets Law advise that even if you think there is no access to the accident benefits claim (AB claim) under the SABS because you did not have your own car insurance at the time of your injury, the Motor Vehicle Accident Claims Fund is there for injured pedestrians.
Claims against the Fund are governed by the Motor Vehicle Accident Claims Act. (the MVACA). For example, an unidentified hit and run driver’s insurance obviously can’t be accessed, so they can sue MVAC for damages instead.
Finally, Toronto pedestrian accident lawyers explain the definition of a pedestrian for personal injury law includes cyclists and people on motorized bikes and in wheelchairs.
There are many legal roads you can take to restore your financial health after a pedestrian accident. Don’t do it alone. Call or email our Toronto pedestrian accident lawyers now.
Toronto pedestrian accident lawyers outline
kinds of injuries suffered
Toronto pedestrian accident lawyers outline kinds of injuries suffered
Our Toronto pedestrian accident lawyers have seen it firsthand – a pedestrian is hit by a motor
vehicle and left with serious injuries, life-long disabilities, or even death.
Verkhovets Law, Toronto pedestrian accident lawyers, cite the 2019 report from The Ontario Road
Safety Research Office that breaks down pedestrian accident injury and fatality statistics:
Our Toronto pedestrian accident lawyers have seen it firsthand – a pedestrian is hit by a motor
vehicle and left with serious injuries, life-long disabilities, or even death.
Verkhovets Law, Toronto pedestrian accident lawyers, cite the 2019 report from The Ontario Road Safety Research Office that breaks down pedestrian accident injury and fatality statistics:
- 126 pedestrian accident fatalities
- 411 major pedestrian injuries
- 1,584 pedestrians had minor injuries
- 1,996 minimal pedestrian accidents
- 126 pedestrian accident fatalities
- 411 major pedestrian injuries
- 1,584 pedestrians had minor injuries
- 1,996 minimal pedestrian accidents
The Toronto pedestrian accident lawyers of Verkhovets Law note the most common pedestrian
accident injuries are:
accident injuries are:
- Amputation
- Blunt force trauma
- Burns
- Broken pelvis
- Cracked ribs
- Crush injuries
- Cuts, contusions, and lacerations
- Paralysis
- Psychological
- Road rash
- Soft tissue injuries
- Skull fracture
- Facial injuries and scarring
- Fractures
- Internal bleeding
- Lost teeth
- Neck and back injuries
- Organ puncture
- Orthopedic injuries
- Spine injury (or cord)
- Traumatic brain injury
- Whiplash
Toronto pedestrian accident lawyers, define
the legal terms
Toronto pedestrian accident lawyers, define the legal terms
Reverse onus – Verkhovets Law, Toronto pedestrian accident lawyers, explain that in a lawsuit, the burden of proof – onus – is usually on the plaintiff to establish the defendant is negligent. But when the plaintiff is a pedestrian, it’s a reverse onus. That means the driver is presumed negligent and must prove they’re not with credible evidence that they acted reasonably. Exceptions are if the accident was in a parking lot beside an apartment building, shopping centre or strip mall, or a public park.
Tort action – The Toronto pedestrian accident lawyers at Verkhovets Law note that on top of receiving accident benefits, a victim may launch a civil lawsuit – tort action – against the driver and/or the car owner. A tort action seeks damages for a wrongful act or failing to act, that results in injury, death or, loss to person or property. Canadian tort law aims to restore the victim to the financial state they would’ve been in if the accident had not happened. They have two years to file.
Statutory Accident Benefits Schedule (SABS) – Our Toronto pedestrian accident lawyers advise clients they have to apply for statutory accident benefits through their auto insurance if they own a car – even if the vehicle had nothing to do with the accident – because Ontario has a no-fault insurance system and who’s to blame doesn’t matter. If they don’t have insurance, then they can claim accident benefits through the driver’s car insurance plan.
Our Toronto pedestrian accident lawyers
know how accidents happen
Our Toronto pedestrian accident lawyers know how accidents happen
The Toronto pedestrian accident lawyers of Verkhovets Law say that sometimes it feels like it’s not safe to even leave the house. Just by virtue of the growing number of vehicles on our roads each year, people are more vulnerable than ever to experience a severe injury or fatality in a pedestrian accident.
Verkhovets Law, Toronto pedestrian accident lawyers, note that Canadians say distracted driving is the Number One threat to their safety on the roads – 47 per cent of drivers admit they have texted or used voice-memo to send a message while driving.
Toronto pedestrian accident lawyers say there’s a lengthy list
of other reasons for pedestrian accidents. They include:
of other reasons for pedestrian accidents. They include:
- Bad weather and failing to adjust speed
- Cyclists not using the right lanes
- Distracted driving
- Driver on cell phone
- Dusk
- Failing to stop or obey rules
- Failing to yield right of way
- Pedestrians on cell
- Poor lighting
- Poor signage
- Quieter cars
- Failure to sound horn
- Hidden crosswalks
- Ignoring school crossings
- Impaired driving
- Left turns
- More commuters
- Pedestrian behaviour
- Speeding
- Tired drivers
- Turning right while looking left
Our Toronto pedestrian accident
lawyers handle these types of vehicle
claims:
Our Toronto pedestrian accident lawyers handle these types of vehicle claims:
And our Toronto pedestrian accident
lawyers will help you with these types
of personal injuries:
And our Toronto pedestrian accident lawyers will help you with these types of personal injuries:
Broken bones
Concussions
Internal injuries
Soft tissue injuries
Whiplash
Our Toronto pedestrian accident lawyers
review possible damages
Our Toronto pedestrian accident lawyers review possible damages
Verkhovets Law, Toronto pedestrian accident lawyers understand pedestrians are particularly at risk for a wide spectrum of injuries from an accident with a motor vehicle and a negligent driver behind the wheel. In Ontario, pedestrians are protected by laws to assist with the financial burden of reclaiming their lives.
Toronto pedestrian accident lawyers know the two most common avenues for clients to secure proper compensation are accident benefits under the SABS, and a civil lawsuit. There are more provisions for those suffering catastrophic injury and the families who lost a loved one.
As discussed earlier, Toronto pedestrian accident lawyers advise pedestrian accident survivors to apply for statutory accident benefits. Under the Insurance Act, a victim must make a claim within seven days and fill out the benefits form within 30 days. The accident benefits under the SABS cover:
- Personal Support Worker: If you can’t continue after your own needs
- Caregiver: If you cannot provide care to a dependent you can hire someone to help, provided you sustained catastrophic impairment OR have optional coverage
- Death and funeral benefits
- Housekeeping and home maintenance, provided you sustained catastrophic impairment OR have optional coverage
- Income replacement: If you can’t work, 70% of your gross income, capped at $400 per week, unless you purchased optional coverage
- Medical and Rehabilitation: Those who sustained non-minor and non-catastrophic injuries have up to $65,000 for counselling, physio and other services not covered by OHIP.
- Non-earner: If you don’t qualify for income replacement
Our Toronto pedestrian accident lawyers explain that under Ontario law, victims who suffered catastrophic injuries arising from a pedestrian accident are entitled to more substantial benefits and damages payable for their lifetime, over and above $65,000.00 referenced above. A doctor’s written opinion that you suffered a significant reduction in the ability to live the life you were living before the accident is required.
Verkhovets Law, Toronto pedestrian accident lawyers, say catastrophic injuries are classified in a Financial Services Commission of Ontario (FSCO) report as:
- Paraplegia or tetraplegia
- Severe impairment of ambulatory mobility or use of an arm, or certain type of amputation
- Loss of vision of both eyes
- Traumatic brain injury accompanied by certain symptoms and findings
- 55 per cent or more physical Impairment(s) of the whole person
- 55 per cent whole person impairment when combining mental or behavioural disability with physical impairment(s), excluding traumatic brain injury
In 2016 in Ontario, the government reduced catastrophic benefits to allow pedestrian accident victims to receive up to $1 million in compensation for medical, rehabilitation, and attendant care expanses. According to an Insurance Brokers Association of Ontario survey, only 42 per cent of insurance customers know about this and the need to increase premiums to get a $2 million max.
Suppose the worst happens, and a fatality occurs. In that case, our Toronto pedestrian accident lawyers are experienced at handling wrongful death lawsuits under the Family Law Act (the FLA) for the loved ones left behind.
Reach out to our Toronto pedestrian accident
lawyers now
Reach out to our Toronto pedestrian accident lawyers now
Verkhovets Law, Toronto pedestrian accident lawyers, know the facts: most pedestrian accidents happen on Saturday night; young children and seniors are the most at risk, and Halloween can be the deadliest day of the year for those on foot. Pedestrians are the most vulnerable of all personal injury victims, and negligent drivers who have altered a life forever should be held to account.