As a pedestrian, you may be eligible for benefits from two parties, if involved in a vehicle accident. If you have been hit by a car, you may be eligible for restitution from both the driver of the vehicle and the county in which it happened. It all depends on the circumstances behind the circumstances. If you are injured in an auto accident involving you as the pedestrian and another vehicle, then the driver of that vehicle is liable for your injuries if he/she was at fault. The most common situations where fault lies with the driver involve not following traffic regulations or not noticing a pedestrian in the road. If the county, city, or municipality is found liable, this most often occurs because of faulty traffic equipment.
In some cases, you may be able to claim benefits from both parties. When you are involved in a traffic accident, as a pedestrian, it is important to follow some simple tips for cataloguing and detailing the events with proof. If you do try to claim benefits from either or both parties, you will need this proof to do so. First, be sure to contact the local authorities to report the accident. Additionally, take pictures of the accident and the injuries of both you and others involve. This is best done on the scene as soon as possible. Next you should seek medical attention. Even if it doesn’t seem serious at first and you feel that you don’t need to see a doctor, it is still best to do so. Most legal teams will argue that the fact that you didn’t seek medical attention right away, means you weren’t seriously injured. They will argue this even if your symptoms show up later on after the accident.
In most cases, where a car hits a pedestrian, the driver is considered at fault. Even if the pedestrian is not in a crosswalk, it is still considered driver liability. However, not using a crosswalk can also get you, the pedestrian, in trouble as jay walking is illegal. As for the governing body responsible for the roadways, they will be held accountable for faulty traffic equipment if that is what caused the accident. It is their responsibility to ensure that both drivers and pedestrians are safe and have functioning equipment to direct them. If the equipment fails then those responsible for it are at fault.
In most cases, you will be able to claim benefits from at least one of the above listed parties. If you are injured in a pedestrian vs. vehicle accident, then more than likely you are not liable. However, in some cases you may not be eligible for any benefits. It is important to consult a personal injury lawyer in Oakville, if you find yourself in this situation to be sure that you are getting all of the benefits that are available to you.