As unfortunate as it may sound, a large portion of the cases that an Injury Lawyer in Hamilton is going to handle throughout his career in personal injury law are going to involve pedestrian accidents. Accidents of this kind are likely to result with a fatality or if not at least a severe physical as well as emotional trauma is almost always guaranteed. However, it is important to look through the grief and seek your rights in situations like this in order to get what is rightfully yours. There are several factors that should be considered by the Injury Lawyer in Hamilton when it comes to pedestrian accidents and their situation in the court.
The right of the way and the pedestrian
Now, the fact is that every province is likely to have different and proper laws when it comes to the rights of the pedestrians on the roadways. There is one thing that all of them share in common – most of the laws are going to strongly favorite the pedestrian. This is due to the simple logic that the driver is protected by his car or vehicle of any kind while the pedestrian is fully exposed and he is likely to suffer a lot more as a result of the impact. There is also a heavy lawful expectation on drivers to be extremely cautious when driving near pedestrians in order to avoid accidents.
However, there are certain laws that the pedestrian should also follow and if he fails to do so and he is involved in an accident then his rights are likely to be severely limited. This is why it is important for the Injury Lawyer in Hamilton to make a thorough investigation prior to filing the motion in order to avoid any surprises. However, it is important to note that even if the pedestrian is crossing without having the legal right of way, the driver of the vehicle can still be found to be at fault.
Changes in recent legislation
The government has issued several amendments to the current legal provisions which set forth the rules of transportations. The new Road Safety Rules which are in effect as of the 1st of September in 2015, place a greater emphasis on tightening up the room for error. The legislature is getting a lot tougher on issues such as distracted riving and there are penalties which are set forth in this particular regard. There are also new rules which regard the cyclists and introduce new requirements for keeping them safe.
All in all, the Injury Lawyer in Hamilton who is claiming should be well aware that he is likely to have the law on his side and he should make sure to take this into proper advantage throughout the entire case. This will ensure that justice is delivered as due.