In the last 30 years, nearly 9,000 pedestrians have been killed and hundreds of thousands injured on Canadian roadways. While the overall number of deaths and injuries related to traffic collisions has been decreasing slightly across the country, pedestrians are still 284 times more likely than a motorist to be injured or killed.
In a society that is largely centered around motor vehicle traffic, it might be easy to assume that pedestrians are out of luck when they are injured, but that is not true. Read on to learn more about pedestrian car accident settlements and how Derek Wilson can help.
How Do Pedestrian Accidents Happen?
Most pedestrian accidents occur in urban settings, and drivers are usually at fault. Data collected by Transport Canada indicate that around 33 percent of drivers involved in accidents that killed a pedestrian committed a traffic infraction. Even if the law is not broken, there are some common errors made by drivers who strike pedestrians:
- Failing to yield the right of way
- Driving while distracted
- Speeding
- Ignoring traffic signs
- Driving under the influence
While negligence on the part of the driver is generally a factor, there are some behaviors pedestrians can avoid to reduce their likelihood of being injured:
- Ignoring traffic signals
- Jaywalking/walking outside of a crosswalk
- Walking outside of a sidewalk
- Walking while impaired
- Wearing dark clothing at night
In about half of the cases where pedestrians are hit by a car, alcohol is involved on either the part of the pedestrian, driver, or both parties. Another common factor we see in pedestrian accident settlements is the age of the pedestrian. Older adults aged 65 and older and children accounted for 20% of all pedestrian deaths and an estimated 10% of all pedestrian injuries in 2017.
According to Transport Canada, nearly 60% of pedestrians killed in traffic collisions were trying to cross the road. Almost 43 percent of pedestrian fatalities are people aged 56 or older, and almost 2500 children younger than 14 are injured every year in a pedestrian collision. Older pedestrians often have declines in mobility that result in a slower walking pace or need for assistive devices, and children’s normal developmental stages put them at a disadvantage when it comes to being in close quarters with dangerous cars and trucks.
Drivers have a responsibility to be aware and be mindful and patient with pedestrians. When it comes to injury, the motor vehicle is not concerned with who is at fault—it is always going to have the potential to cause serious injury.
What Kinds of Injuries Can Result From Pedestrian Accidents?
The risk of severe injuries to a pedestrian hit by a car is high. Without the extra protection of a motor vehicle body, pedestrians are unfortunately extremely vulnerable. Pedestrians are smaller than cars and trucks and therefore harder to see. Traffic congestion is increasing, too. Two million more motor vehicles were registered in 2019 than in 2015, and the largest growth was seen in light trucks and SUVs. This means that every day the number of vehicles sharing the roadways with pedestrians is getting bigger.
Some common injuries seen in pedestrians hit by a motor vehicle include:
- Concussions or Traumatic Brain Injuries
- Spinal cord injuries
- Catastrophic injuries
- Paralysis
- Pedestrian fatalities
- Broken bones
- Permanent disability
- Neck and back injuries
Being a pedestrian involved in a car accident means you may suffer from life-altering injuries, often multiple injuries. The impacts of your injuries may range in severity and can negatively impact your quality of life and your livelihood. You may require extensive and even life-long medical treatment and rehabilitation, and you may even experience severe emotional trauma. Because of the severe consequences of being in a pedestrian accident, many people lose the ability to return to work, resulting in financial hardship due to loss of income.
Is It Worth It to Sue After a Pedestrian Accident?
No matter whose fault an accident is, pedestrians may be eligible for Statutory Accident Benefits under provincial law. Depending on your situation, they may include:
- Compensation up to 70% of your gross salary before the accident, up to $400 per week or more under limited circumstances
- Up to $50,000.00 in rehab and medical expenses
- Up to $1,000,000.00 in rehab and medical expenses if your injuries are deemed “catastrophic”
- Attendant care benefits
- Death benefits to a surviving spouse
Under some circumstances in a pedestrian accident lawsuit, income benefits may be paid out for up to two years or more. The duration of the payout depends on your ability to return to work or retrain for another vocation. If you weren’t employed at the time of the accident, you may be able to receive a non-earner benefit if, after 4 weeks, you suffer a complete inability to have a “normal” life.
Ideally, you will never need me to be your lawyer. You will simply file for your accident benefits, which will sustain you until you recover and return to work. However, should your recovery not be quite so easy, it is important that you know your options.
- You may find yourself needing to take on private insurance companies and their tactics to avoid paying.
- You might need legal help understanding the process to figure out who is paying your medical benefits.
- You may have reached the end of your short-term benefits and been denied long-term disability.
Some people are concerned about the cost of hiring a lawyer, but a lawyer with your best interests in mind will generally offer a free consultation and will not take your case unless they believe in your ability to be successful in your claim. Additionally, many personal injury lawyers work on a contingency fee. This is generally a good thing. For one, it means you can expect that any lawyer who takes your case is confident they can build a strong claim. It also means you are not out any money owing to your lawyer if your claim is less successful than you hoped. However, you do need to account for the legal fees when considering the final settlement amount you can expect to receive. Understanding the contingency fee process is important, and you should be prepared to ask any lawyer you speak to about their fee arrangements.
How Can Derek Wilson Personal Injury Law Help?
Everyone deserves an opportunity to have someone stand up for them, especially in the worst circumstances they have probably ever experienced. That is why I founded my law firm. I take what I learned sitting at the table working for big insurance companies and use it to make sure that when bad things happen to everyday people, they have someone ready to help. I represent a relatively small number of clients annually so that I can continue to give each my personal attention.
When you reach out to Derek Wilson Personal Injury Law, your intake will be conducted by one of my law clerks. If your intake indicates that your situation might benefit from legal representation, we will ask you to schedule a longer consultation with me directly. I’ll ask you to share more of your story with me, and together we can talk about your options. Call us at 855-769-0418 to schedule your free consultation, or get in touch online.
