In accordance with the province’s Motor Vehicle Act, motorists owe a duty of care to all road-users. This includes pedestrians.
It goes without saying that, in the event of a collision, pedestrians are more susceptible to injuries than the occupants of a passenger vehicle. Drivers and their passengers can rely on their vehicles’ frame and built-in safety features to provide protection when a crash occurs. However, pedestrians are completely vulnerable to the dangers of the road. If struck by a vehicle, even at low speeds, pedestrians could lose their lives or sustain catastrophic, debilitating, permanent injuries.
If a driver engages in wrongful conduct behind the wheel of their vehicle, even for a moment, they could jeopardize the lives of pedestrians. Through a number of wrongful actions, inactions, errors, omissions, or other kinds of negligent conduct, drivers can destroy the lives of the people they strike with their vehicles, and the people who care for them. In Bridgewater, traffic law violations that frequently result in fatal or injurious pedestrian accidents include:
- Distracted driving
- Driving under the influence of alcohol and/or drugs
- Texting while driving
- Reckless driving
- Ignoring traffic signs or signals
- And more
In this province, unlike other types of motor vehicle accident claims, pedestrian accident claims have a reverse onus of proof on the offending driver. That is because, in accordance with provincial legislation, if the operator of a motor vehicle strikes a pedestrian and causes them to sustain injuries, the driver is automatically presumed to be negligent, responsible for causing the accident, and therefore, liable for damages incurred by the injured accident victim.
Injured pedestrians who have been struck by negligent drivers often face challenging, lengthy, and expensive journeys to recovery during which they frequently incur substantial financial losses. In these cases, at-fault drivers may be responsible for financially compensating the injured victims of their negligent conduct for damages they have sustained. These damages may include:
- 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
In other types of motor vehicle accident claims, in order to be awarded compensation, the injured party is required to show proof that the at-fault driver’s negligence caused the accident to occur and was responsible for their injuries. However, in pedestrian accident claims, it is up to the offending driver to try proving that they were not responsible for the accident.
Many drivers do try proving that the contributory negligence of the pedestrian accident victim contributed to the circumstances of the collision. They do so in an attempt to reduce the amount of damages they will be required to pay to the injured party. If successful, the financial compensation awarded to injured pedestrian accident survivors could be significantly lowered.
That is why, if you were struck by a negligent driver, our pedestrian accident lawyers serving Bridgewater may be able to provide you with crucial legal advice and assistance. Our Bridgewater pedestrian accident lawyers have a history of representing injured members of the local community, and helping them recover the compensation they are rightfully owed.
To learn about options that may be available to you in the wake of an injurious collision, contact Preszler Injury Lawyers today and schedule a free initial consultation with our pedestrian accident lawyers serving Bridgewater.
Free Consultation for Bridgewater Residents – We Don’t Get Paid Unless We Win
Injured pedestrian accident survivors should not be made to suffer financially because of a driver’s lack of consideration for their safety. To speak with our Bridgewater pedestrian accident lawyers about your situation and learn how we may be able to help with your case, call Preszler Injury Lawyers today and take advantage of your free initial consultation.