You walk to various places throughout the city every day. When you cross the street, you expect any cars driving through to see you and stop. Being hit by a driver who was not paying attention can cause you serious injury. You should not allow such a person to get away with their carelessness. The best response to injuries sustained in a pedestrian accident is to hire a pedestrian accident lawyer.
The First Things You Need to Do
If you have been hit by a car while crossing the street and you are conscious afterward, you should call the police and ambulance. In Canada, you can do so by dialing 911 or 112. The driver who hit you will most likely stop their car and come over to see if you are okay. Other pedestrians will probably rush over to aid you.
There are two things you should prioritize in this situation. First, you should try to make a personal connection with 1 or 2 witnesses; exchange phone numbers with them if you can. Second, “you should try to get someone at the hospital to take a picture of your injuries before they are cared for,” says the personal injury lawyer, at timlouislaw.com/pedestrian-accident-lawyer-vancouver-bc/.
Who Pays the Bills?
Few people struck by a car can go without treatment. There will be medical bills. The liability for paying them will depend on the circumstances of the accident.
If you were hit by a car while crossing the street, the driver would be deemed at fault, even if you were not in the crosswalk. Drivers have an obligation by law to remain vigilant and alert for hazardous obstacles in the road. A person walking falls within this category, and it was incumbent upon the person who hit you to take evasive action to avoid the accident.
However, pedestrians also have a duty to avoid danger. Jaywalking is still illegal in most jurisdictions in Canada. If you crossed the street when the oncoming traffic had a green light, then it will be difficult for you to secure a victory against the driver. If the driver hit you while you were in the crosswalk and they had a red light, then it is nearly impossible for them to avoid liability.
The pedestrian accident lawyer you hire will gather all the evidence necessary to reconstruct what exactly happened before the accident. Based on this evidence, they will tell you where you stood regarding the law and lay out your options.
Nearly every province in Canada has some form of no-fault protections, which means that the insurance company of the driver will need to pay all or most of the medical expenses and other financial losses you have incurred as a result of the pedestrian accident. It may also be possible to sue the municipal authorities.
Suing the city is an option when it is believed that the accident was caused by faulty or malfunctioning traffic lights, a badly placed crosswalk, or some other city managed and administrated misstep that put you in danger.
The Right Lawyer
No matter how bad your case looks, you should not give up. The law is more flexible than you might think. And a good pedestrian accident lawyer knows how to use it to the advantage of their clients. Not every lawyer is competent to do this. That is why you should take great care when choosing a lawyer. After the accident, you will want to surround yourself with friends and family. You will want them by your side for comfort and advice. A loved one may even know a lawyer they want you to talk to. You should be wary of such recommendations. The only lawyer fit to handle your case is one that specializes in pedestrian accidents. In fact, if the lawyer recommended to you knows nothing about the field, they should decline to accept your case. However, they may suggest an attorney who can help you.
It is important to interview and assess each lawyer you are considering. Here are some of the qualities you should look for:
1. Passion
Some lawyers approach their vocation as they would any other job. They know the law and competently use it to help their clients. Other lawyers have a passion for what they do. They may have a deep sense of justice, right and wrong, of standing up for the weak against the strong. If your case develops in a way that pits you against an insurance company, then you want to hire a passionate lawyer. It takes someone willing to go above and beyond their professional obligations to get a good settlement from an insurance giant.
2. Well-connected
Being well-known and respected in the legal community has advantages. You never know how your case will unfold. To get the money you deserve, you may need to employ other branches of law. A case can become so large and complex that your attorney may need the insight of another law firm. A lawyer who is well-connected knows other excellent lawyers who can help them solve specific problems.
The lawyer you hire should also be in good standing professionally. Working with a lawyer who is under investigation or has been suspended or reprimanded for unethical conduct can undermine your case. Other lawyers may be unwilling to work with them, and the other side may use the fact of their poor standing to your disadvantage.
3. Transparent
Your lawyer is not only obligated to protect your secrets; they must divulge all information that touches your case. You should always know where your case stands, and your attorney should be honest with you about the likely outcomes of choosing one option or another. You should also agree on legal fees and expenses at the outset. Many lawyers work on the basis of contingency, which means they will only accept a fee if they win. You should know whether they intend to take a percentage of the settlement or will charge a fixed fee no matter the money you are awarded.
4. A record of getting high settlements
Winning in pedestrian accident cases means receiving a settlement that will cover your expenses and financial losses. If you find that the lawyer you are considering has never been to court or filed suit against a client but has won large settlements for their clients, you want to hire them. The aim of a pedestrian accident attorney is to get as much money for their injured clients as they can while keeping the paperwork to a minimum and the legal process for getting to this end short and simple. Any lawyer who has a track record of doing that is the one for you.