Ontario Pedestrian Accident Lawyer

After being struck by a vehicle you may face extensive treatment, time away from work, and lasting changes to your mobility or independence. The driver or another party may be liable, contact Hanson & Mouri online or call 951-688-0006 to arrange a free consultation today.

Why Injured Pedestrians Choose Hanson & Mouri

• Clients trust our firm because we have represented injury victims since 1999 and approach serious pedestrian claims with careful preparation and practical guidance.
• You work directly with an Ontario car accident attorney who explains how disputed fault, insurance coverage, and the long-term effects of your injuries may influence the claim.
• We handle pedestrian accident cases without upfront legal fees, allowing you to pursue compensation while managing medical treatment and time away from work.

How Pedestrian Accidents Happen in Ontario

Drivers have a duty to remain alert for pedestrians and many accidents are caused by preventable errors. For example:

• Drivers turning without checking the crosswalk.
• Motorists who run red lights or stop signs.
• Distracted driving involving a phone, navigation system, or another device.
• Speeding or traveling too fast for traffic and visibility conditions.
• Failure to yield while entering or leaving a parking lot or driveway.
• Impaired, fatigued, or aggressive driving.
• Vehicles backing through parking areas without checking behind them.

Some accidents do involve more than a driver’s conduct. Poor lighting, obstructed sightlines, defective traffic controls, unsafe road design, or an employer’s commercial driving policies may also contribute to a collision.

Who May Be Responsible for a Pedestrian Accident?

Responsibility for a pedestrian collision depends on who created or contributed to the danger. Parties who are most often liable include:

The Driver

A motorist may be responsible for speeding, failing to yield, driving distracted, making an unsafe turn, or violating another traffic rule.

A Driver’s Employer

A company may bear responsibility when an employee causes the collision while making deliveries, transporting passengers, visiting job sites, or completing another work assignment.

A Vehicle Owner

In some situations, the person or business that owns the vehicle may face liability even though someone else was driving.

A Government Entity

A city, county, or state agency may be responsible when a dangerous roadway, malfunctioning signal, obscured sign, or government-operated vehicle contributes to the accident.

A Property Owner or Business

Poorly designed entrances, blocked views, inadequate lighting, or unsafe parking lot conditions may place pedestrians at risk.

Fault may appear obvious at the scene, particularly when a vehicle strikes someone in a crosswalk. However, later evidence may show that an employer, property owner, public agency, or another party also contributed to the collision.

California Pedestrian Accident Laws

Driver’s Duty

California Vehicle Code §21950 states that a driver “shall yield the right-of-way” to a pedestrian crossing within a marked crosswalk or an unmarked crosswalk at an intersection. The statute also requires an approaching driver to “exercise all due care” and reduce speed or take other action necessary to protect the pedestrian.

Accidents Outside a Crosswalk

California Vehicle Code §21954 states that a pedestrian crossing outside a marked or unmarked crosswalk must yield to vehicles that are “so near as to constitute an immediate hazard.” However, the same law states that this requirement does not relieve drivers of their duty to “exercise due care for the safety of any pedestrian.”

Pure Comparative Negligence

California uses a pure comparative negligence system. In Li v. Yellow Cab Co. of California, the California Supreme Court held that an injured person’s negligence “shall not bar recovery.” This means a pedestrian can still recover compensation even if they share fault.

For example, if an insurer argues you failed to watch for approaching traffic and finds you 25% responsible, the total compensation is reduced by 25% rather than denied completely.

Deadlines for Filing a Claim

California Code of Civil Procedure §335.1 gives an injured person “two years” to file most lawsuits based on another party’s wrongful act or neglect. A shorter deadline typically applies when a government entity is responsible. California Government Code §911.2 requires many personal injury claims against public entities to be presented “not later than six months” after the claim accrues.

How To Prove Negligence After an Ontario Pedestrian Collision

A successful claim must establish the legal responsibility of the defendant (at-fault party) and connect the collision to the injuries and losses being claimed. The following four elements of negligence must be demonstrated:

• Duty: The driver had a responsibility to operate the vehicle carefully and remain alert for pedestrians.
• Breach: The driver failed to meet that responsibility by speeding, driving distracted, failing to yield, or committing another unsafe act.
• Causation: The driver’s conduct caused the collision and the resulting injuries.
• Damages: The pedestrian sustained documented losses, such as medical expenses, lost income, pain, disability, or other harm.

Critical evidence often includes the police report, witness accounts, photographs, traffic or business surveillance footage, vehicle data, cellphone records, medical documentation, and expert analysis. Damage to the vehicle and the pedestrian’s personal belongings can also help reconstruct the point and force of impact.

Compensation Available to Injured Ontario Pedestrians

A pedestrian accident claim may seek compensation for the financial and personal consequences of the collision, including:

• Current and future medical care, rehabilitation, medication, assistive equipment, and psychological treatment.
• Lost wages and reduced future earning capacity.
• Physical pain and emotional distress.
• Permanent disability, scarring, disfigurement, or loss of mobility.
• Loss of enjoyment of life.
• Damaged personal property.
• Wrongful death losses available to qualifying surviving family members.

The value of the case depends on the severity and permanence of the injuries, the effect on employment and daily activities, the available insurance coverage, and the strength of the liability evidence.

Why Hiring an Ontario Pedestrian Accident Lawyer Protects You

An at-fault driver’s insurer will begin investigating immediately and may ask you for a recorded statement soon after the accident to compare your answers with police reports, medical records, and witness accounts. They may then use any inconsistency to question your injuries or argue that you shared fault. An Ontario Pedestrian Accident Lawyer can assist you by:

• Securing video and witness evidence before it becomes unavailable.
• Examining whether a business, employer, property owner, or public agency shares responsibility.
• Presenting medical and financial documentation that reflects current and future losses.
• Responding with evidence to comparative negligence arguments aimed at reducing your compensation.
• Managing insurer communications, filing requirements, negotiations, and litigation decisions.

Your Ontario personal injury attorney will also review each settlement proposal with you and explain whether it accounts for your long-term needs including continuing care, lost earning ability, and permanent changes to your quality of life.

Discuss Your Ontario Pedestrian Accident Case Today

During a free consultation, Hanson & Mouri will review how the collision occurred, discuss the available evidence, identify potential sources of responsibility, and explain the next steps in the claims process. Contact us online or call 951-688-0006 to schedule your free case review.