With the treacherous winter in Ontario this year, many Ontarians are counting down the days until the first day of Spring. The frigid weather and snow storms thus far have led to several serious car and truck accidents and pile-ups on major highways. See Wintry Road Conditions Cause Numerous Accidents in Ontario – By an Ontario Car Accident Injury Lawyer
Not only did the snow storms and slippery conditions make roadways in Ontario dangerous, they also made roadways and sidewalks dangerous for pedestrians.
Snow Banks Lead to Use of Streets Instead of Sidewalks
Take Kingston for example. There are many streets in downtown Kingston with snow banks piled high. Getting around this winter has been a significant battle for pedestrians. The ever growing snow banks have made it difficult for pedestrians to access the sidewalks from the streets. Further, those with mobility issues, such as seniors and individuals in wheelchairs, often find that they can’t cross the streets because the snow banks have made it impossible for them to get to the sidewalks. Therefore, many pedestrians are walking in the street, and people in wheelchairs are also on the street because they can’t get to the sidewalks. This poses a dangerous risk for pedestrians and people in wheelchairs because they can get hit by a car, bus or truck in downtown Kingston. Pedestrians who are hit by cars while walking on streets in Kingston or other cities in Ontario may be able to bring a claim against the drivers for the injuries sustained.
Common Injuries in Pedestrian-Car Accidents
Many pedestrians who are hit by cars, trucks or buses in Ontario suffer serious, catastrophic injuries such as:
- traumatic brain injuries;
- multiple fractures throughout the body; and/or
- spinal cord injuries.
Pedestrians are more likely to sustain catastrophic injuries because they are clearly physically vulnerable; there is nothing to protect them from the impact.
A Pedestrian’s Right to Compensation After Getting Hit by a Car
Pedestrians who are hit and seriously injured by motor vehicles in Ontario may bring claims against negligent drivers by filing a lawsuit. However, pedestrian-car accident lawsuits in Ontario differ from other car, truck or bus accident lawsuits. Typically, in auto accident lawsuits that do not involve pedestrians, the injured party bears the burden of proving that the other driver caused the accident (i.e., was negligent). In Ontario pedestrian-car accident lawsuits, the injured pedestrian does not bear the same burden. Rather, the onus is on the driver to disprove his/her own negligence and that his/her actions did not cause the accident and resulting injuries.
In Ontario pedestrian-car accidents, injured pedestrians can obtain fair and reasonable financial recovery for damages such as lost wages and pain and suffering.
We can only hope that warm weather arrives soon and that sky high snow banks begin to melt so that pedestrians can walk on the sidewalks and get off the streets to avoid pedestrian auto accidents.
Help After Pedestrian-Car Accidents
The facts of each case are different. Therefore, the laws applicable to each case will vary. That is why it is crucial to have an experienced car accident lawyer review your case.
If you were hit by a car in Kingston or another city in Ontario, it is important to seek the advice of an Ontario pedestrian-car accident injury lawyer to explore your legal rights. The personal injury car accident lawyers at Bergeron Clifford have been representing injured clients and their loved ones for 40 years. If you would like to discuss your accident and injury, please do not hesitate to call us at 1-866-384-5886.