Being struck by a car as a pedestrian is a frightening and potentially life-altering experience. The immediate aftermath can be confusing, but knowing the right steps to take can make a significant difference in your recovery. This guide focuses on what to do after being hit by a car as a pedestrian in Ontario, Canada.
The Critical First Steps
- Contact Emergency Services: If you are injured, call 911 immediately. Adrenaline can mask the severity of your injuries, so it’s crucial to get medical attention even if you feel okay initially. The paramedics will assess your condition and transport you to the nearest hospital for treatment.
- Stay Calm and Assess the Situation: If you are able, try to remain calm and assess your surroundings. If it’s safe to do so, move yourself out of traffic to avoid further injury.
- Gather Information: If possible, exchange contact details with the driver of the vehicle that hit you. Take note of the make, model, and license plate number of the car.
- Look for Witnesses: Were there any bystanders who witnessed the accident? If so, politely ask them to stay at the scene until police arrive and provide their contact information. Witness accounts can be invaluable in determining fault and strengthening your case, if you choose to pursue one.
Securing Accident Benefits
The good news is that in Ontario, all pedestrians involved in car accidents are entitled to accident benefits, regardless of whether they have car insurance themselves. Here’s how to access these benefits:
- The Motor Vehicle Accident Claims Fund (MVACF): If the driver who hit you fled the scene (hit and run) or was uninsured, you can file a claim with the MVACF. This is a government-funded organization that provides compensation to victims of accidents involving unidentified or uninsured drivers.
Considering Legal Action
You may want to consider pursuing legal action against the at-fault driver. A personal injury lawyer can help you navigate the legal process, gather evidence, negotiate a settlement, or represent you in court. Here are some factors to consider when deciding whether to sue:
- Severity of your injuries: The extent and permanence of your injuries will significantly impact the potential value of your case.
- Impact on your life: Consider how the accident has affected your ability to work, perform daily tasks, and maintain your quality of life.
- Costs associated with the accident: This includes medical expenses, lost wages, rehabilitation costs, and any other financial losses you’ve incurred.
Finding Legal Representation
Finding a qualified personal injury lawyer with experience in pedestrian accident cases is crucial. These lawyers understand the complexities of Ontario’s pedestrian accident laws and the serious injury threshold. They can advise you of your rights and options, and guide you through the legal process to ensure you receive fair compensation for your injuries.
Remember: The time limit to sue the at-fault driver in Ontario is two years from the date of the accident. So, it’s important to consult with a lawyer as soon as possible to discuss your case and ensure you meet all legal deadlines.
Additional Resources
- The Motor Vehicle Accident Claims Fund (MVACF): https://www.ontario.ca/page/motor-vehicle-accident-claims-fund
Getting Back on Your Feet
Being hit by a car can be a traumatic experience, both physically and emotionally. Following these steps can help ensure you receive the medical attention and financial support you need to recover. Remember, you are not alone. There are resources available to help you through this challenging time.