In recent years, there has been a dramatic rise in fatal pedestrian accidents in Calgary. The overwhelming majority of these deadly accidents could have been prevented, had it not been for the negligence of a motor vehicle operator.
On average, at least one Calgary pedestrian is hit by a vehicle every day; most of these injured pedestrians had the right of way at the time of their accidents. The pervasive problem of negligent driving can cost innocent community members their lives.
Those who are fortunate enough to survive being struck by a motorist often sustain severe injuries. Pedestrians are the most vulnerable road-users, with nothing protecting them in the event of a collision. As such, the injuries sustained in pedestrian accidents are often catastrophic in nature, resulting in permanent, debilitating, life-changing injuries.
Pedestrians who have been injured by a motor vehicle should be entitled to Section B benefits from the at-fault driver’s insurance provider to help offset certain costs arising from their injuries. Even those who were injured because of an uninsured driver or a driver who fled the scene of the accident should be entitled to coverage from the province’s Motor Vehicle Accident Claims Program (MVAC). Unfortunately, due to the severe nature of injuries typically sustained in pedestrian accidents, the insurance coverage available to survivors of these traumatic events may not be sufficient to replace their total damages.
Injured victims of pedestrian accidents may, therefore, choose to pursue a civil claim against the at-fault driver responsible for their collision. In this province, there is a reverse onus of proof in pedestrian accident claims. That means that, instead of required injured Plaintiffs (in these cases, pedestrian accident victims) to prove that a driver’s negligence caused their accident in order to be awarded damages, the Defendant (in these cases, the at-fault motor vehicle operator) will instead have the chance to try proving that they were not the sole cause of the collision.
Oftentimes, a driver or their insurer will attempt to do so by claiming that the injured pedestrian accident victim was partially responsible for the collision and is, therefore, contributorily negligent. If they can prove an accident survivor’s contributory negligence, the amount of damages that might be awarded to an injured pedestrian accident survivor could be significantly reduced.
Our Calgary pedestrian accident lawyers have a history of helping community members who have been struck by motor vehicles stand up to the unfair tactics often used to try reducing the amount of compensation they are rightfully owed. By working with our pedestrian accident lawyers serving Calgary, injured survivors of traumatic collisions may be able to recover the maximum amount of damages to which they could be entitled. To learn more, contact us and schedule a free initial consultation with our Calgary pedestrian accident lawyers.
If you were injured in a collision caused by a negligent driver, there is no time to waste. Consider taking advantage of a free initial consultation with our pedestrian accident lawyers serving Calgary to learn about courses of action that might be available to you today.
An initial consultation with our Calgary pedestrian accident lawyers is always free, and eligible clients are not required to pay for our services unless we win their cases. To get started, call our pedestrian accident lawyers serving Calgary today and book your free, no-obligation, initial consultation.
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