Pedestrian Accident Lawyer Toronto | Howie, Sacks & Henry LLP

The average person takes about 5,000 steps per day. Some of these steps may be taken in the comfort of your own home, walking from your office desk to the water cooler, or even while exercising on a stairmaster at a gym.

But, if you’re out and about running errands, walking your dog, jogging, or travelling to work or school, many of the steps you take during the course of a day will be in a potentially dangerous environment. Pedestrians and joggers are not only at risk of sustaining a serious injury from a slip, trip, or fall, but also if they come into contact with a vehicle.

In most collisions involving pedestrians, the person walking is much more likely to sustain severe or even fatal injuries than the vehicle’s driver or passengers. In fact, according to recent Ontario motor vehicle accident statistics, though pedestrians make up about 10 per cent of all motor vehicle accident victims, they account for almost one in four people seriously injured and one in six fatalities. Pedestrians have been estimated to be 284 times more likely to be injured or killed in a motor vehicle collision than motorists.

Sustaining a severe injury or learning that a loved one has been seriously injured or killed in a pedestrian accident, is a life-altering experience. At a time when the future seems overwhelmingly uncertain and the present is filled with despair, you should know you are not alone. At Howie, Sacks & Henry LLP, we advocate on behalf of people who have suffered significant pedestrian accident injuries. By seeking compensation for the harm you experienced, we’ll support you as you seek a sense of closure and a feeling that justice has been done. The pedestrian accident lawyers at HSH LLP are ready to show you that Hope Starts Here.

At A Glance

Pedestrian accidents occur to certain people and in certain places more frequently
The most serious pedestrian injuries tend to involve head trauma or spinal cord damage
Pedestrians hurt in motor vehicle accidents in Ontario are eligible to claim accident benefits regardless of whether they were at fault for the accident
Pedestrians not at fault, or only partially at fault, may also be able to achieve compensation by filing a lawsuit
HSH pedestrian accident lawyers can help you maximise your benefits

Pedestrian Injuries and Fatalities By The Numbers

Most people are pedestrians at some point during the day. But there are a range of factors that put certain people at greater risk of injury or death. According to Statistics Canada:

Men are involved in fatal pedestrian accidents 1.7 times as often as women
Pedestrian fatalities generally increase with age and (except for children aged 5 to14 years) are most frequent among people over the age of 70
About one in five pedestrian fatalities occur most often at intersections or roundabouts. The next most common locations are non-intersection roads (14 per cent), highways (13 per cent), parking lots or private property (10 per cent), and railways (8 per cent).
Pedestrian fatalities in parking lots or on private property frequently involved collisions with vehicles reversing.
At least one risk factor (pedestrian behaviour, environmental conditions, vehicle maintenance, or driver behaviour) was present in two-thirds of all fatal accidents. A significant number of these accidents (about two in five) had more than one risk factor present.
One in 12 pedestrian fatalities involved a hit-and-run

There are several reasons why pedestrian accidents are more likely to occur in some places and to certain groups of people:

Age-related cognitive and physical deficits – The Canadian Council of Motor Transport Administrators (CCMTA) found that “the overall physical, cognitive, visual, auditory development of children puts them at a disadvantage as a pedestrian.” Similarly, higher fatality rates among seniors are thought to be linked to declines in muscle strength, balance, reaction time, vision, and hearing that make older people less likely to see or react to oncoming traffic.

Environmental conditions – Weather-related issues causing poor visibility or challenging road conditions are common factors causing pedestrian accidents – both for drivers and pedestrians. In other cases, poor visibility caused by time of day and exacerbated by darker clothing worn by pedestrians can lead to greater risk of collision.

High-foot traffic locations – Pedestrian accidents occur frequently near bus stops, school zones, or on multi-lane roads.

Physical infrastructure – Faulty or limited streetlights, damaged sidewalks, absent sidewalks, and absent mid-block crosswalks may increase the risk of pedestrian accidents.
Alcohol and drug use – Driving while impaired and walking while impaired are both associated with higher risk of pedestrian accidents.

Common Pedestrian Accident Injuries

Pedestrians injured in motor vehicles collisions generally sustain one or more of the following types of injuries:

Head and brain injuries: Traumatic brain injuries (TBIs and concussions) are caused by a traumatic blow to the head or sudden, unanticipated head movement. These injuries can cause serious and even permanent damage, including death, coma, loss of consciousness, headaches, problems with focus and cognition, drowsiness, fatigue, nausea/vomiting, light sensitivity, anxiety/depression, sleep disturbances.
Spinal cord injuries: Trauma to the spinal column can cause paralysis or death. This type of nerve damage often results in debilitating conditions that require long-term care.
Fractures: Broken bones and compound fractures can lead to temporary disability. In serious cases, complications may result in infection, amputation, or permanent nerve damage.
Soft tissue injuries: Cuts, abrasions, bruising, sprains, strains, tears, and dislocations may damage skin, muscle, and ligaments. Although many of these injuries are temporary, permanent disfigurement from scarring or long-term pain from complications or improper healing can be devastating.

Studies suggest the most frequently injured body parts/regions in pedestrian collisions are:

lower extremities (50%)
head/face/neck (38%)
upper extremities (27%)

Pedestrians are twice as likely to suffer from head injuries as thoracic injuries, and head and spine injuries lead to the greatest risk for long-term disability.

What Are Your Legal Rights As A Pedestrian?

Regardless of whether you personally hold a motor vehicle accident insurance policy or are covered by a family member’s policy, any pedestrian who is injured in an accident involving a motor vehicle is eligible to apply for Ontario Statutory Accident Benefits Schedule (SABS) – even if you were at fault or partially at fault for the accident.

The amount and duration of no-fault accident benefits a person will receive varies depending on the extent of their injuries. Benefits may include funds for:

Medical and rehabilitation expenses
Attendant care
Housekeeping and maintenance
Lost income, or a non-earner/caregiver benefit
Cost of exams

To apply for these benefits, you would contact (in order) your own MVA insurer, the MVA insurer of the vehicle that caused your injury, the MVA insurer of any vehicle involved in the accident, or the Motor Vehicle Accident Claims Fund if no other source of SABS coverage was available.

A pedestrian who was not at fault for the accident, or only partially at fault, may also be able to make a tort claim for damages. This lawsuit would seek damages over and above what would be covered by SABS and could also include compensation for pain and suffering.

How Can A Pedestrian Accident Lawyer Help Me?

At a time when you should be solely focused on your recovery, worrying about SABS applications, denial of benefits, or building a strong case for a lawsuit can be a terrible distraction. By contacting a knowledgeable, skilled, and experienced pedestrian accident lawyer, you can ensure you will have a trusted advocate and dedicated supporter to help you.

When you speak with an HSH pedestrian accident lawyer during a free, no obligation initial consultation, we’ll listen to your story with great empathy, clearly explain your rights and options, and provide valuable advice on how to access the compensation you need and deserve.

Recognized as one of Canada’s top ranked personal injury law firms, HSH LLP has earned an excellent reputation among our peers for our legal skill. We are renowned for bringing trial-ready cases to defendant insurers to persuade them to offer fair and just settlements to our clients rather than risking a loss in court. As professionals who are capable of handling even the most complex and challenging claims, when you entrust your case to us, you can be confident it is in good hands.

But our legal acumen is not the only reason we serve with distinction in the personal injury field. At HSH, we understand that relationships with our clients must always be built on a foundation of respect, compassion, and personalized service. Taking the time to get to know you as a person ensures we fully understand your current needs and future hopes. We are committed to helping you choose a path forward for your healing journey that leads to the best life possible for you and your loved ones.