It’s a nightmare hitting someone with your car—obviously unintentionally. And, it’s normal to be perplexed about what to do after you are involved in an accident. Some people remain on the spot and help the pedestrian, while others might flee the scene.
So, what should you do? And exactly what happens if you hit a pedestrian in Canada? Let’s know in this article.
What Happens If You Hit a Pedestrian in Canada – 6 Things to Know
After an accident takes place, as a driver, you will have some civic duty. Even there will be witnesses, and they might also come to help. They are supposed to take some steps too. Overall, everyone involved in the accident will have a certain role.
Let’s say that you have hit someone. Check the following points to know how it will go after the accident.
1. The pedestrian will need help
I mentioned initially that some people stay in the accident spot. That’s what you should do. Well, what does your common sense tell you anyway? As a human being, you should try to help another human being. And, if you are the one who accidentally hit a pedestrian, you are supposed to help the person anyway.
But what would happen if you exit the spot? First, there is no use escaping because the pedestrian will file a claim against you. If not them, someone from their family will do that.
Moreover, there will be eyewitnesses. Those people will come to help the pedestrian. And they can also try to help the pedestrian by calling the police.
Most of the time, people seek medical assistance with the help of the police. If you have stayed on the scene, you need to need aside with the car. Also, you need to take the person you hurt to a safer side of the road. If you are unsure about the injury, you can just call 911 seeking medical help. They will handle the rest.
Once again, if you don’t do it, someone else will do it. In the end, you will be tracked down if they report to the police.
2. All the available data will be collected
Following an accident, you should know the personal details of the injured person. If you are helping the person you have injured, you can take photos of the scenes. Also, if the pedestrian is not incapacitated, you need to exchange personal and insurance information.
If you don’t do this, other people will be on the road. Some might notice the number plate of your car, and they will share it with the police or with the family member of the victim. The same goes for the pictures. Other people will take photos of the spot. And they will forward it to the prospective party.
3. Law enforcement will get involved at a point
You should contact the police if you don’t know what to do in a situation like after seeking medical help. If the pedestrian is not seriously injured, police will determine if you will be charged. If the pedestrian is seriously injured, police will decide about that too.
Maybe you will be charged, and you will pay the insurance. These all depend on the evidence and eyewitnesses of the accident. The accuser will file different claims. And the claims will be assessed depending on the evidence. You will know more about these in the upcoming section.
4. Making a pedestrian accident claim
Both the victim and the defendant can make claims. However, the injured person will make claims first with the help of a lawyer. Then you do your part. For that, you will need to consult a lawyer. Next, the lawyer will assess the circumstance to check if one is eligible to make a claim or not.
Generally, the three 3 aspects will be reviewed by your lawyer–
- Have you offered a duty of care to the complainant?
- Were you driving carelessly, and as a result, the accident occurred?
- What is the physical status of the pedestrian?
5. Collecting evidence to support claims
To prove your pedestrian accident allegation, you’ll need evidence. Notably, you will need evidence to prove what happened and who was to blame. The other party will do the same. Most importantly, they will try to prove the impact of the injuries.
- The evidence can include many things. Generally, the following resources help to collect and verify proofs.
- Photographs of the accident scene can help. I specified before that you should take photos; others might take them too. Note that you do it only if it is safe.
- Police and medical reports will have more details about the accidents.
- CCTV footage from the road cameras will help a big deal. You can ask the authority to provide you with a copy. Also, many cars contain dashcams. You can make with of that resource as well if needed.
- There will be eyewitnesses as well. You can utilize details from them too. That way, you can refute a claim made by the accuser. In the same way, the plaintiff will take help from the eyewitnesses to prove a claim.
6. Compensation of a pedestrian injury claim
There is no fixed payout amount for a pedestrian accident because different claims will have various amounts of charges. For example, you have hit a pedestrian, and that causes their knee to dislocate.
In such a case, you will pay an amount for sure. But it will certainly be way less if the other party gets knocked over by your vehicle and suffers from severe brain damage.
The compensation will be calculated by your lawyer or the lawyer of your opponent. Generally, they try to figure out the amount depending on separating the damages in two ways as per the following:
-
General damages
These damages cover compensations for any pain or suffering the accuser had dealt with because of the injuries
-
Special damages
These cover compensation for any expenses or losses caused by accident. For example, the pedestrian can claim for the clothes damaged in the crash, loss of income, medical cost etc.
What is the Average Settlement in Pedestrian Hit by Car Cases in Canada?
The average settlement for being hit by a car in Canada varies according to the calculating costs and pain and suffering.
The court will decide on an accident settlement after reviewing the medical records and hearing from the lawyers for both sides. The amount is negotiable if the at-fault party wants to reach an agreement out of court.
However, the settlement amounts in both cases varied from $6000 to $370,000.
If You hit a Jaywalker who is at fault in Canada?
When a driver and a jaywalker get into a car accident, the fault is typically shared by both sides. It is possible to hold both the jaywalker and the driver responsible for breaking the law by driving their car on the road without being alert.
Injured or wounded pedestrians who cause a car accident while jaywalking may still be able to seek compensation, but the amount awarded may be decreased according to their level of fault.
For instance, if a jaywalker receives $50,000 in compensation but is found to be 30% at fault for the accident, $15,000 would be taken out of that amount, leaving $35,000 for damages.
Final Notes
Pedestrian accidents happen for various reasons. Both the pedestrian and driver might be at fault. However, if you have faced a situation like this, don’t leave the accident spot, inform the law enforcement authority, and talk to a lawyer as soon as possible.
Frequently Asked Questions
Can a pedestrian be at fault Canada?
A driver may be held legally and by the insurance company liable for hitting a pedestrian who is legally crossing the roadway at the designated crosswalk spot.
How much money can you get from getting hit by a car as a pedestrian in Canada?
$3,500 for minor injuries. $65,000 for non-catastrophic injuries. $1,000,000 for catastrophic injuries.
What happens if you accidentally hit a pedestrian in Canada?
Regardless of whether the driver is legally punished, injured pedestrians may pursue civil lawsuits for monetary damages against the motorist who struck them (and maybe the municipality where they were injured). Compensation for medical expenses, lost pay, and pain and suffering are examples of typical damages.
What happens if a pedestrian causes an accident?
Theoretically, in any accident involving a pedestrian, the motorist has the right to sue the pedestrian for damages to their car or for any other losses or injuries they sustain. However, doing so is rarely justified in the great majority of circumstances.
