Pedestrian Accidents

The majority of pedestrian accidents occur within crosswalks and are generally caused by  distracted drivers. Unless the pedestrian is violating traffic signals, pedestrians generally have the  right-of-way, and drivers certainly have a higher duty of care while driving. As a result, an  injured pedestrian can usually file a successful lawsuit against a negligent driver who causes  injury. 
Like motorcycle and bicycle accidents, pedestrian accidents can cause serious injuries. A  pedestrian is the most vulnerable participant on the roadway and motor vehicles must respect  this. If you are injured as a pedestrian in a motor vehicle accident, there are two ways to receive  compensation. The first way is through Accident Benefits, or “no fault” accident benefits. In  most cases, this compensation will come from your own car insurance. However, if you do not  drive or do not own auto insurance, you are able to make a claim to the car insurance company of  the vehicle that caused the injury. If the vehicle that caused the injury does not stop to provide  their insurance, or if the driver of the vehicle cannot be identified, you may claim compensation  from the Motor Vehicle Accident Claims Fund. The second way to claim compensation is  through a Tort claim. This claim will be brought against the negligent driver and will be paid out  by their insurance company. In tort claims, it must be proven that the driver was negligent. A  claim in tort will also be easier to prove if the injured party is a pedestrian because the motor  vehicle driver will be required to prove that they were not driving negligently. Normally, the  injured party is required to prove that the driver was negligent, not the other way around. This is  simply extra protection for vulnerable pedestrians. 
Both of these claims can be made in the event of a motor vehicle accident involving a pedestrian.  Depending on your circumstances and the severity of the injuries, you could receive  compensation for the following:  
Loss of past and future income 
Pain and suffering  
Housekeeping ability  
Loss of enjoyment of life 
Loss of competitive advantage in the workplace 

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