why you need a lawyer if you're involved in a pedestrian accident

What happens to your body when you get hit by a car?

Our bodies, as smart and well-designed as they are, can only withstand so much force. Studies show the intense impact a car crash has on the human body even at 15 or 20 miles an hour. It can bruise tissue, cause microtears in muscles and ligaments, and even cause blood vessels in the brain to tear.

What happens if you hit a pedestrian in Canada?

When a driver injures a pedestrian on a public roadway, section 193(1) of the Highway Traffic Act imposes a reverse onus on the driver. This means that in a civil lawsuit against that driver, the driver is presumed to have been negligent in causing the injuries unless they can prove otherwise.

What to do when you've been hit by a car?

Stay Calm and Move Out of the Street. So you've been hit. ... Keep the Driver There. ... Call the Police—and Wait for Them. ... Collect the Driver's Information and Take Tons of Photos. ... When the Police Come, Make Your Voice Heard. ... Seek Medical Attention ASAP. ... Start an Insurance Claim. ... Call a Lawyer.

What is the most common cause of injury to pedestrians?

Common Causes of Pedestrian AccidentsUnmarked Crosswalks. “Zebra” crossings probably save hundreds of pedestrian lives every year. ... Left Turns. ... Distracted Driving. ... Weather Conditions. ... Dark Clothing. ... Jaywalking. ... Drugs, Alcohol or Medication. ... Multi-Lane/Arterial Roads.More items...•

How much money can you get from getting hit by a car as a pedestrian in Ontario?

Insurance claim and benefits for pedestrians $3,500 for minor injuries. $65,000 for non-catastrophic injuries. $1,000,000 for catastrophic injuries.

What happens if you accidentally hit someone with your car Canada?

Injured pedestrians can file civil lawsuits against the driver who hit them (and maybe the municipality where they were injured) for money damages regardless of whether the driver is criminally charged. Typical damages include compensation for medical bills, lost wages, and pain and suffering.

Should I get a lawyer for a car accident that was my fault?

Hiring a motor vehicle accident lawyer after a car accident that was your fault is a good first step, before speaking to the insurance companies. Lawyers know how to deal with insurance companies and can help mitigate any claims that are made against you by the other parties involved in the accident.

How do I claim if someone hits my car?

Steps to take at the sceneCall the police. An officer will document the incident and create an official accident report, which you will typically need to have when filing your claim with your insurance company, says the Insurance Information Institute (III). ... Document the accident. ... Notify your insurer.

What is the ICD 10 code for pedestrian hit by car?

V03.00XAPedestrian on foot injured in collision with car, pick-up truck or van in nontraffic accident, initial encounter. V03. 00XA is a billable/specific ICD-10-CM code that can be used to indicate a diagnosis for reimbursement purposes.

Where do pedestrians get hit the most?

Areas Where Most Pedestrian Accidents OccurUrban Areas. The NHTSA reports that 81 percent of all fatal pedestrian accidents occurred in urban areas in 2018. ... Intersections. ... Roadsides or Shoulders. ... Parking Areas. ... Shared use Paths or Trails.

What type of injuries is the pedestrian likely to have?

The most common injuries seen in pediatric pedestrian collisions tend to be traumatic brain injuries and musculoskeletal injuries, followed by chest and abdominal injuries. In musculoskeletal injuries the upper and lower legs and knees are most frequently injured, which can lead to long-term disabilities.

Why do pedestrian accidents happen?

According to the National Highway Traffic Safety Administration's (NHTSA) statistics on pedestrian fatalities in 2017, the main causes of pedestrian accidents include: Failing to yield right of way. Crossing a roadway or intersection improperly. Standing, lying, playing, or working in a roadway.

What happens if you accidentally hit someone with your car Ontario?

The Penalty for a Hit and Run They can either be charged under the Criminal Code of Canada or the Highway Traffic Act. If a driver is charged through the Criminal Code, it's considered a criminal offence. This happens when a driver fails to stop at the accident scene.

What should you do if you hit a pedestrian in Ontario?

However, whether or not a pedestrian is legally required to make a police report, it is always advisable to call the police and have an accident or police report filled out. An accident report may be required for you to obtain needed insurance benefits after an accident.

What does a pedestrian accident lawyer do?

Your pedestrian accident lawyer will know about all the intricacies of the law, including the local statute of limitations, the right time to settle, time to sue, etc. In case your case goes to trial, your pedestrian attorney will argue the facts of your case. If required, he will bring in top witnesses. In short, he will try everything ...

What happens if you are a pedestrian?

When you are a pedestrian, you have some responsibility for your own. You are required to pay a good deal of attention while you are on the road. In case an insurance company finds that you acted negligently, your claim might be nullified or reduced.

What happens when you have an experienced attorney?

When you have the support of an experienced attorney, you can never feel directionless. Your lawyer will get all the details related to your case. And then, he will design a proper strategy for you to help you win your case. Winning is his ulterior motive!

What to do if you are blamed by your insurance company?

If it was the driver’s fault and still you are blamed by the insurance company, you need to gather proper legal representation to safeguard your rights. Your attorney will use testimony, medical exams, and evidence collected at the scene, to help determine fault in a pedestrian accident. This saves your chances of getting the compensation ...

What are the common injuries that pedestrians get in an accident?

Some of the common injuries incurred by pedestrians during an accident include broken bones, facial or dental injuries, internal injuries, road rash, spinal cord injuries, traumatic brain injury (TBI), etc. Depending on the severity of injuries, the victim might have to experience a huge loss of wages. These types of expenses are regarded as ...

What are the causes of pedestrian accidents in Florida?

Some of the major causes of pedestrian accidents in Florida include distracted driving, not stopping at crosswalks, taking illegal U-turns, driving under the influence of alcohol or drugs, reduced visibility, municipal negligence, pedestrians jaywalking, running red lights, speeding, etc.

What happens if you get hurt in a pedestrian accident?

If you have been harmed in a pedestrian accident, you deserve compensation for your damages. However, this might not be possible without proper legal representation.

What happens when a pedestrian accident occurs?

When a pedestrian accident occurs, you likely will hear from an insurance adjuster quickly. This responsible party’s insurance company may try to talk you into an immediate settlement to resolve your case as quickly and cheaply as possible.

What is the legal basis for holding another driver accountable for your injuries in a pedestrian accident?

Holding another driver or other party accountable for your injuries in a pedestrian accident requires that you have proof as to how the accident occurred and who caused the accident. Pedestrian accident cases typically rest on a finding of negligence or a failure to exercise due care in driving.

How long do you have to file a personal injury lawsuit in Louisiana?

This deadline for filing your lawsuit in court is particularly short in Louisiana as compared to other states. Under CC §3492, you generally have only one year from the date of your accident to file your lawsuit.

1. Your Attorney Can Investigate on Your Behalf

What happens if your car vs pedestrian accident wasn’t cut-and-dry? Maybe you were looking at your phone or jaywalking when the accident happened. If you weren’t fully following the rules on the road, this can result in your insurance company refusing to offer compensation.

2. A Lawyer Can Help Determine the Level of Compensation

You may have never experienced going through a pedestrian car accident, and therefore do not know how to request coverage from the insurance company. Sure, you have medical bills and perhaps documentation of your lost wages. It’s important to note, however, that your emotional and physical pain is something that has value.

3. An Attorney Can Negotiate on Your Behalf

What happens if the insurance company refuses you or is offering a low level of compensation? This is where your attorney comes in. They can advise you that the settlement is actually unfair and doesn’t fully cover your damages.