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Personal Injury Claims for Pedestrian Hit by Car

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Personal Injury Claims for Pedestrian Hit by Car

Pedestrian Hit by Car

It is hard to emphasize how serious the incident can be when a pedestrian hit by car. Even before a couple of years, more than 330 pedestrians died in Canada on the spot due to road traffic collisions. But there are also many cases that we are unaware of.

Only you or your loved one who had gone through such an incident knows the real pain. So, we are already here to help people facing such harsh circumstances.

As an immediate help, we have mentioned all the related terms to a pedestrian accident. You just need to go through to understand every small detail.

What is a Personal Injury Claim?

A personal injury claim can be made for different reasons. Such as automobile accidents, pedestrian accidents, defective products, medical malpractice, and slip and fall.

The damages to these accidents can have both short-term and long-lasting side-effects. Therefore, to settle it more conveniently, the injured person must be given all types of healthcare expenses.

The health insurance policy will support the entire expenditure if the Pedestrian is the defaulter. And in case the driver is the defaulter, he has to bear all the expenses. And unfortunately, if the victim dies, the family members can even claim the required currency.

Pedestrian Hit by Car

From the above definition, it is clear that pedestrian accidents are a work for a personal injury lawyer. In 2012, according to Canada’s pedestrian accidents report, more than 23,000 were injured, and more than 300 get killed.

This accident generally happens for two reasons. The descriptive information is given below:

Driver’s Fault

Due to the carelessness of the driver, a pedestrian can be hit by his or her car. Such an incident includes:

  • Abstracted driving due to eating, putting makeup, scrolling mobile, etc
  • High speed
  • Car malfunction like steering fail, break fail, tire puncture, etc
  • Driving Under The Influence (DUI)
  • Fail to press the horn at the right time

Pedestrian’s Fault

It will be an injustice to make the driver defaulter only. We all know that clapping is impossible with one hand. The passer-by should also maintain some effective measures while walking on a road. Some mistakes of pedestrians are:

  • Overlooking traffic signals
  • Walking outside zebra crossing
  • Jaywalking
  • Walking outside footpath
  • Walking on highways
  • Putting on earphones while walking
  • Intoxication

Intense Pedestrian Injuries

Pedestrian injuries can be both temporary or permanent. A permanent can be to the extent of death. However, some of the severe pedestrian injuries are:

  • Brain swelling
  • Spinal cord injuries
  • Fractures to the arms, legs, ribs, pelvis, and hip
  • Twisted and torn ligaments
  • Brain concussions
  • Internal bleeding
  • Blood clots
  • Cuts on the face and hands
  • Scratches
  • Scalp cuts
  • Bruises
  • Other cuts

Pedestrian Personal Injury Claims

You do not need to know about the claim’s legal aspects. If you have already hired a lawyer specialist for personal injury, he will practically advise you to make your claim successful.

In comprehensive, the genuine claims procedure will involve:

  • Collecting evidence to support the victim and losses agonized due to the accident. This may take a long time until you get fully recover from being aware of your total loss.
  • Make a settlement with the opposite party’s solicitor to understand what they are ready to accept and want to deny. If they are hard to get traced, then the case will get transfer to ICBC.
  • Gather evidence like doctor’s prescription, medical bill, cloth wearing during the accident, etc., to make them responsible for your damages. But, these all will not require if they are ready to confess their fault.
  • If necessary, begin court procedure for negotiations or to protect your claim right. However, even after receiving the case, it might not go for the direct trial. As most of the issues are solved through negotiations, many cases do not go for hearing even after start proceedings.

Things to do after a Pedestrian Accident

Of course, your topmost priority should be assessing your injuries after a road accident. If your wounds are severe, call an ambulance right away. Even if your wounds do not look severe, you should get a medical check-up to find out the risk of any internal hurts.

But, if you take some measures immediately after your pedestrian accident, that will strengthen your claim. Such as:

  • Get pictures of the accident scene, including the surrounding area. This can be the evidence to claim the driver as the defaulter.
  • Get photos of your wounds. These pictures will talk about your injuries’ severity and help to decide the compensation amount.
  • Collect the contact details of any eye-witnesses there. If they give a witness statement, your case will become stronger.
  • Look for a CCTV in that area that may have captured the incident. Through your solicitor, you can easily get the video recording.
  • File a complaint at the police station near you to keep the incident’s record.
  • Get all the receipts of the expenses related to the accident—for example, hospital appointments, medical treatment costs, medicine costs, accommodation costs, and others.
  • Keep your information to demonstrate income loss due to absence from work as a result of the accident.

Compensation to Receive for Injuries:

Once you have collected sufficient information, valuing your injuries will become a much easy procedure. There are two general areas to look for an accurate valuation:

  1. The suffering and pain due to injury.
  2. The effect of the injury on personal and commercial life.

As the injury valuations are focused on the damages you have suffered, “Claims Calculator” must be treated for the proper calculation.

Your lawyer can give you more idea of the valuation according to your condition throughout your case.

What if the Default is Pedestrian

As mentioned above, a pedestrian can also be the defaulter in a road accident by putting other people at risk. In this case, the Pedestrian will be held responsible to some degree for the definite incident. It would be best if you accepted your negligence, which is known as “Contributory Negligence.”

Accepting your guilt does not indicate the failure of your claim. Instead, you will receive less compensation. This is actually calculated in percentage. Suppose, if your fault is 30%, you will get 70% of your claim.

If the opposite party is also part of negligence or not, the court is responsible for finding it out. The opposing party will still have to carry out some responsibility. And at the time the innocence of the other party is proved, the case will get dismissed.

Final Verdict

It is not that hard to avoid incidents like pedestrian hit by car. Both you and the opposite party should be careful while walking or crossing a road. Then, gradually the case of such road accidents will decrease.

From this article, we have learned about the possible reasons and consequences of passer-by accidents. Now, you know what to do if you face such a situation and how to overcome it with your lawyer’s help. But we always want you not to meet such a challenging condition.



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