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10+ years experience

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How We Can Help

Getting around on foot is becoming increasingly popular given the prices of gas and the rising costs of public transportation equating to flipping a coin in terms of reliability. That said, there have been more pedestrian accidents causing injury or death across Canada. Knowing where to turn in seeking legal counsel is essential, as doing so can make your road to recovery less stressful and, potentially, covered from a financial perspective. At Tierney Stauffer, we have the extensive experience and legal knowledge needed to help protect your rights as a pedestrian.

Special Laws Designed to Protect Pedestrians

Regardless of whether you have been in an accident as a pedestrian or driver, you should be aware that there are special legal protections in place for those on foot.

Specifically, Section 193(1) of the Highway Traffic Act states the following:

When loss or damage is sustained by any person by reason of a motor vehicle on a highway, the onus of proof that the loss or damage did not arise through the negligence or improper conduct of the owner, driver, lessee or operator of the motor vehicle is upon the owner, driver, lessee or operator of the motor vehicle.

In other words, when a pedestrian has been injured in an accident with a motor vehicle, the driver is at fault until they can prove otherwise. The pedestrian only needs to demonstrate that they were negatively impacted by the incident in question. This is otherwise commonly known as the reverse onus clause, as it flips the general public’s perceptions of whose side the law is on at first. That said, it is not always the driver who is at fault, with distractions such as cell phones and noise-canceling headphones serving as a primary cause of injuries to pedestrians less aware of their surroundings.

How We Can Help

No matter the situation at hand, turning to experts in Canadian personal injury law is an essential step to take if you have been in an accident. You may be entitled to compensation and justice due to someone else’s negligence. Regardless of whose initial fault it seems to be, we at Tierney Stauffer will work closely with you to reach a justified and appropriate outcome.

You may potentially be entitled to financial compensation for lost employment and/or to cover medical expenses as a result of the accident. Reach out to us today for a free consultation and to get started on working towards an ideal outcome.

"They made us feel as though we were their only clients with the level of service and compassion they provided. If we had any questions, we always got our answers promptly."


-D.C.

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Our Experienced Team

Every lawyer on the Tierney Stauffer LLP team has years of experience. We pride ourselves on efficient, dedicated service tailored to your needs. Our entire legal family is here to help with your case, so don't hesitate to reach out to us today for expert guidance.

Dana Tierney

Partner

Ian Stauffer

Partner

Susan Mitchell

Managing Partner

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