While North York is transforming in a hub with many people walking and cycling, the amount of high occupancy vehicles (motor vehicles) using the roadway has increased. However, this increased vulnerability has resulted in more frequent accidents with these vulnerable road users. Accident in Pedestrian Accident North York Bicycle and pedestrians are not the only ones who often become the victims of a reckless or negligent operator of a motor vehicle: North York Accident. A Lawyer North York knows that often those who are injured in a bicycle or pedestrian accident are regularly the victims of a negligent or reckless driver.
Why Cyclists and Pedestrians Are Being Killed at High Rates
Cyclists and pedestrians have very little protection if they are involved in a collision while out on the road, not like drivers and passengers in a vehicle do. A collision that might be “just a fender bender” for someone in a car can inflict life-altering injuries on a person on a bike or on foot. In North York, distracted or aggressive driving, failing to yield, speeding, bad road maintenance, and not enough bike lanes or cross walks lead to these types of accidents.
Ontario’s system of justice even permits an injured party to recover damages in contributory negligence if they are partially to blame – for example, crossing outside a prescribed area. An experienced Accident Lawyer North York can also help explain who to determine fault and what the victim is able to recover.
Proving Liability in a Bicycle Accident or Pedestrian Accident
Establishing liability in pedestrian or bicycle accidents usually requires careful investigation. Some of the things you will have to do are: look at traffic camera videos, talk to witnesses, go over police reports, and looking at physical evidence at the scene. In other situations, you may need the expertise of an accident reconstructionist.
Drivers owe a higher standard of care to pedestrians and bicyclists. In other provinces, the onus is on municipalities and people to prove an out-of-control or negligent driver is at fault, whereas in Ontario, the “reverse onus” requires a driver who hits a pedestrian or cyclist to prove they were not at fault. This standard of legal care is of paramount importance and frequently used by an Accident Lawyer North York to bolster a victim’s case.
Types of Compensation that may be Awarded
Injured bicyclists and pedestrians may be able to recover any of the following damages:
- All medical costs (including future costs)
- Loss of income and future income potential
- Pain and suffering
- Cost of rehabilitation and therapy
- Mobility or home equipment/helpers
In the event an accident leads to death, surviving family members may be able to pursue a wrongful death claim. By retaining an experienced attorney, you can be that you’re exhaustively seeking recovery on your case and that the claim contains all the elements of damage.
Navigating the Claims Process
Accident Claims in Ontario An accident claim includes both no-fault accident benefits and tort claims against the at fault driver in Ontario. These two paths can be hard to follow on your own. A seasoned Accident Lawyer North York will handle communications with the insurance companies, work to meet all deadlines, and fight for damages on your behalf through a settlement or court process, as appropriate.
Conclusion
Bike and Pedestrian Accident Claims in North York North York bicycle and pedestrian accident claims pose their own unique legal challenges, including that surrounding liability, as well as the calculation of damages. With proper legal representation, injury victims can concentrate on healing while a lawyer deals with the complexities of their case. A reliable Accident Lawyer North York can greatly impact likely compensation.