Being involved in a pedestrian accident is a frightening experience, made worse if the driver flees the scene. In Ontario, Canada, knowing how to handle such a situation is crucial for your safety, well-being, and legal rights. This guide will walk you through the steps to take if you find yourself in this unfortunate scenario.
1. Stay Calm and Ensure Safety
The immediate aftermath of being struck by a vehicle can be disorienting and overwhelming. Your first priority is to ensure your safety and the safety of others around you. If you’re able to move, carefully get to a safe location away from traffic. Avoid making sudden movements if you suspect you’ve sustained serious injuries.
2. Contact Emergency Services
In Ontario, dial 911 immediately. Inform the dispatcher that you’ve been hit by a vehicle and that the driver has fled the scene. Emergency services will dispatch police officers and paramedics to assist you. It’s crucial to receive medical attention even if your injuries seem minor, as some injuries may not be immediately apparent due to adrenaline.
3. Gather Information and Document the Scene
While waiting for emergency services to arrive, if you’re physically able, gather as much information from the scene as possible:
- Witnesses: If there are bystanders who witnessed the accident, ask them to stay and provide their contact information. Witness statements can be invaluable in identifying the at-fault driver and corroborating your account of the incident.
- Photos and Notes: Use your phone or a camera to take photos of the accident scene, including any vehicle damage, road conditions, and your injuries. Take notes on any details you remember about the vehicle that hit you, such as its color, make, model, or license plate number if possible.
4. Understand Your Options: MVACF
In Ontario, if you’re injured by a hit-and-run driver or a driver who is uninsured, you can seek compensation through the Motor Vehicle Accident Claims Fund (MVACF). This fund is designed to provide financial assistance to individuals who are injured in motor vehicle accidents involving uninsured or unidentified drivers.
5. Accessing Accident Benefits
Even if you don’t have car insurance yourself, you may be eligible for accident benefits through the MVACF. These benefits can cover medical expenses, rehabilitation costs, income replacement, and other expenses related to your injury. It’s important to contact the MVACF as soon as possible after the accident to initiate the claims process.
6. Legal Recourse: Suing the MVACF
If you’ve been seriously injured due to a hit-and-run or uninsured driver, you may also have the option to sue the MVACF for additional compensation beyond accident benefits. This legal process involves proving your claim and demonstrating the extent of your injuries and losses. Consulting with a personal injury lawyer who specializes in hit-and-run cases can help you navigate this complex legal process.
7. Cooperate with Authorities
Cooperate fully with the police and provide them with any information or evidence you’ve gathered. Fleeing the scene of an accident is a serious offense in Ontario, and law enforcement will investigate to identify and apprehend the at-fault driver.
8. Seek Medical Attention and Follow-Up Care
After the accident, seek medical attention promptly, even if you initially feel okay. Some injuries, such as concussions or internal injuries, may not show symptoms right away. Follow your healthcare provider’s recommendations for treatment and rehabilitation to support your recovery.
Conclusion
Experiencing a hit-and-run as a pedestrian in Ontario can be traumatic, but understanding your rights and taking appropriate action can help you navigate this challenging situation. By promptly contacting emergency services, gathering information from witnesses, and accessing accident benefits through the MVACF, you can protect your health and financial well-being in the aftermath of the accident.
Remember, seeking legal advice from a qualified personal injury lawyer is essential if you’re considering suing the MVACF for additional compensation. They can provide guidance tailored to your specific circumstances and advocate for your rights throughout the claims process.
Navigating a hit-and-run accident requires clarity and persistence. By following these steps and seeking professional assistance when needed, you can take control of the situation and focus on your recovery, knowing that you’re taking the necessary steps to secure the compensation and justice you deserve.