According to a 2013 report by the Canadian Council of Motor Transport Administrators (CCMTA), 9,000 pedestrians were killed and hundreds of thousands of pedestrians were injured in motor vehicle collisions in Canada between 1989 and 2009.
In Ontario alone, there were 4,370 pedestrians injured and 91 pedestrian fatalities in 2013, according to a report issued by the Ministry of Transportation’s Road Safety Research Office (Safety Policy and Education Branch).
Some questions come to mind. What are the sources of financial recovery for injured pedestrians in Ontario? Whose auto insurance applies in car-pedestrian accidents? What are the rights of injured pedestrians in Kingston and Ottawa? What accidents benefits are pedestrians eligible to receive, if any? This article will address these questions.
Pedestrian’s Own Auto Insurance Policy
If a pedestrian is struck by a vehicle, whether it is a bus, car or motorcycle, he has access to statutory accident benefits provided by his own auto insurance policy. Ontario law provides that regardless of whose fault the accident is, the injured insured receives accident benefits from his own insurance policy. The insured may apply for accident benefits if he is injured as a driver, passenger or pedestrian.
One of the most important accident benefits an injured pedestrian receives is medical and rehabilitation benefits. Another benefit is for lost income if the pedestrian is unable to work. However, the injured pedestrian would only receive a portion of his lost income and not 100% of his lost wages.
At-Fault Driver’s Auto Insurance Policy
If the pedestrian does not own a car and is not covered under an applicable auto insurance policy, only then may he recover accident benefits from the at-fault driver’s auto insurance policy.
Tort Claim
The injured pedestrian may also file a tort claim against the driver who hit him to recover damages not covered by his accident benefits coverage. For example, an injured pedestrian may recover the portion of lost wages not covered by accident benefits. In addition, an injured pedestrian may recover pain and suffering damages.
It is important to talk to an experienced Kingston and Ottawa pedestrian-car accident lawyer after an accident. The lawyers at Bergeron Clifford have helped countless injured victims and their families. Call today to schedule a free consultation. 1-866-384-5886
*Sources:
- Canadian Council of Motor Transport Administrators, “Countermeasures to Improve Pedestrian Safety in Canada”
- mto.gov.on.ca “Preliminary 2013 Ontario Road Safety Annual Report Selected Statistics”
