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
Loss of enjoyment of life
Loss of competitive advantage in the workplace