An accident involving one SUV and a pedestrian in ONTARIO?

by admin on June 25, 2010

I’ve talked to nurses, police officers, legal aid, and no one was able to help me. My relative got struck by an SUV yesterday. She was on work property (parking lot) walking from her car to the building and the guy who hit her was an accountant who was leaving work to go home. He was not charged, but the police said they would have to write up a report and gather the evidence and other details before they could charge him. The guy who hit her did not give a statement. I was told to consult a lawyer, but they have not called back yet. All I spoke to was the intake person at the law firm and gave her my details. I don’t know what rights and obligations my stepmother has…regarding lost wages…even my dad has not been to work because he is taking care of her at the hospital. She sustained head injuries. Because this accident is one car and one pedestrian involved, where do we claim our accidents benefits from? The workplace insurance or our car insurance? (she was not driving)
The police was there so I trust they took the right photos or drawings if necessary…I had to rush to the hospital before I could rush over to the scene of the accident. There are no speed bumps or signs in that parking lot. But they trying to get the guys cell phone records cause he was probably on the phone yapping. The police said there was no skid marks but regardless- you can still hit someone and not have skid marks…the cop seemed ignorant. also the guys license plate is crooked and his hood is dented.

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Milky June 25, 2010 at 9:54 pm

If he was not given a ticket than the cops must have felt he wasnt at fault. You would have to go after him in a civil court but since he was not cited at the scene that will be hard. If the parking lot had no speed bumps or pedestrian crosswalks or other safety measures in place to prevent this from happening. You may have a case. Go back to the parking lot and look for signs or lack of. Take pictures where it happens if it shows that a sign or speed bump could have prevented the acident. Also was there a posted speed limit in the parking lot?

quizzard123 June 25, 2010 at 9:54 pm

That’s going to be a worker’s compensation claim, I think. She should have have the right to waive her compensation claim if she chooses to sue the driver (not the company, just the driver), but that’s risky and time consuming. She’s better off with the comp claim, which will cover her loss of wages and any additional medical expenses she incurs (physio, and the like)

Your dad won’t get coverage under WCB, so he should return to work asap.

But by all means have them contact a lawyer, they can explain it better.

katziyz June 25, 2010 at 9:54 pm

The benefits should come from the guy who hit her, his vehicle insurance. Contact his company and see what to do…I had to do this when I was hit by someone. I wasn’t walking but he hit my car and I finally had to keep on his insurance company about it until they paid for repairs. He was driving, he is at fault and granted it happened on a company parking lot, it wasn’t caused by them so they are not responsible. I hope you get the guy, that’s just ridiculous that he hit her I mean pedestrians always have the right of way!

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