Your pedestrian accident may have happened so abruptly that it may be difficult to comprehend exactly what went wrong. But you must backtrack to understand who or what was the cause of your injuries and damages. Continue reading to learn how fault is determined and how an experienced Toronto pedestrian accident lawyer at Merricks Law Group, P.A. can help relieve you from any false blame.
How is fault determined in a pedestrian accident on Toronto roads?
When a pedestrian accident occurs between a driver and a pedestrian, you may always that the pedestrian is always made the victim. This is because the pedestrian alone may be left vulnerable to the sheer force of the involved motor vehicle. However, just because the pedestrian may incur more significant injuries and damages than the driver does not necessarily mean that they are free of any blame. Rather, it is important to consider the following:
- A driver may be at fault for a pedestrian accident under the following circumstances:
- A driver may have run a red stoplight.
- A driver may have failed to come to a complete stop at a designated crosswalk.
- A driver may have made a right turn on a red light when traffic signs directed otherwise.
- A pedestrian may be at fault for a pedestrian accident under the following circumstances:
- A pedestrian may have crossed the street without using a designated crosswalk (i.e., jaywalked).
- A pedestrian may have left a sidewalk to cross before a pedestrian crosswalk signal indicated to do so.
- A pedestrian may have been using their mobile device or otherwise been distracted while crossing the street.
How can I absolve myself from fault?
It is worth mentioning that both a driver and a pedestrian may be considered at fault for a pedestrian accident. So if you wish to be the plaintiff of a personal injury claim, you must work to reduce the amount of blame you are being assigned so to not reduce the amount of damages you can recover.
The circumstances surrounding your pedestrian accident must be made clear. Otherwise, you may be wrongfully blamed for the accident event in which you played no part. So to absolve yourself of any fault, you must collect sufficient evidence of this while still at the scene. Examples are as follows:
- You must share your perspective of how your accident went down with a law enforcement officer conducting a police report.
- You must gather oral and written testimonies from witnesses sharing a similar perspective of how your accident went down.
- You must take photos and videos of the scene to paint the picture of traffic directions and overall factors that contributed to your accident.
- You must obtain medical reports from professionals who treated you at the scene and emergency room disclosing how you incurred your injuries.
Whenever you are ready, a skilled Toronto auto accident lawyer is here to provide legal assistance. So please schedule your initial consultation with us at Merricks Law Group, P.A. today.
