Pedestrian accidents involving motor vehicles often occur in roadways, crosswalks, intersections, driveways and parking lots. If you have been involved in a pedestrian accident in Ontario, you are entitled to compensation. You can claim this compensation by filing an accident benefits claim as well as through a tort claim, which means filing a lawsuit against the person responsible for the accident.

You are required, in a motor vehicle accident in Ontario, to apply for accident benefits. These benefits are listed in a regulation called the Statutory Accident Benefit Schedule. These benefits are paid by your insurance company, if you have automobile insurance. If you do not have automobile insurance, then you would claim against the insurer of the vehicle you are in at the time of the accident or the insurer of the other vehicle involved in the accident. Your insurance company is required, by law, to provide you with benefits to assist you in your recovery.

In addition to your accident benefit claim, you may have a right to sue the driver that injured you. You can claim damages for pain and suffering, loss of enjoyment of life and loss of amenities, past and future loss of income, and future cost of care. If you have been involved in a pedestrian accident, contact us for a free consultation.