If a distracted, reckless, inebriated, or otherwise negligent driver ignores traffic signals and drives through a stop sign or a red light, they could kill or seriously injure an unsuspecting pedestrian lawfully crossing the street. In Amherst, pedestrian accidents most frequently occur at crosswalks or intersections. However, they can happen anywhere vehicles travel in close proximity to unprotected people, including sidewalks, parking lots, residential roads, and other locations.
Pedestrian accidents are almost always the result of a driver’s negligence. In accordance with the province’s Motor Vehicle Act, drivers owe a duty of care to all other road-users, including pedestrians. Failing to uphold their legal responsibility to other road-users could constitute negligence. In this province, by striking a pedestrian, at-fault drivers are automatically presumed to be negligent. Therefore, they may be liable for damages incurred by the injured party as a result of their accident. These damages may include costs related to:
- Medical treatment
- Lost wages
- Reduced future earning capacity
- Rehabilitative therapies
- Medical equipment
- Mobility aids
- In-home attendant care
- Physical therapy
- Strength-training classes
- Psychological counselling
- Psychiatric treatment
- Accessibility adjustments to their homes
- Mileage expenses to and from medical appointments
- And more
Since pedestrian accident claims in this province have a reverse onus of proof on the at-fault driver, unlike other motor vehicle accident claims, pedestrians do not need to prove that the responsible motorist was in violation of traffic laws in order to qualify for compensation. Instead, however, at-fault drivers may try proving that they were not wholly responsible for causing the accident. If successful, the amount of damages they may be required to pay to the injured accident victim could be reduced.
In many cases, drivers who struck a pedestrian may try proving that the injured accident victim was jay-walking, ignoring their own traffic signals, or engaging in another form of wrongful behaviour that made it impossible for the driver to avoid hitting them with their vehicle. If the pedestrian is found to be contributorily negligent, the amount of damages to which they may be entitled could be significantly lowered.
At Preszler Injury Lawyers, we are passionate about helping injured community members recover the maximum amount of financial compensation to which they are entitled. Our pedestrian accident lawyers serving Amherst have a history of standing up to false allegations of contributory negligence. By working with our Amherst pedestrian accident lawyers, you may be able to recover the compensation you deserve.
Sustaining injuries in a pedestrian accident can be a long, challenging, and expensive process. Our pedestrian accident lawyers serving Amherst have a proven track record of helping injured accident survivors in their pursuits of accountability and fairness. To discuss your case with our Amherst pedestrian accident lawyers and learn about options that may be available to you, call Preszler Injury Lawyers today and receive a free initial consultation.
Free Consultation for Amherst Residents – We Don’t Get Paid Unless We Win
After sustaining serious injuries in a shocking, traumatic pedestrian accident, it can be difficult to know which actions should be taken next, how much financial compensation may be available to you, and how to defend yourself against false claims of contributory negligence.
To discuss your situation with our pedestrian accident lawyers serving Amherst, book your free initial consultation with Preszler Injury Lawyers today.