Pedestrian Accident Lawyers Cochrane
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Speak with our Cochrane pedestrian accident lawyers and get legal answers to your pedestrian accident questions.
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Pedestrians of all ages are susceptible to fatal or catastrophic injuries resulting from the wrongful actions of negligent drivers. Children on the sidewalk, students on their way to school, adults on their way to work, and senior citizens out for an afternoon walk could all suddenly lose their lives when struck by a reckless, distracted, inebriated, or otherwise negligent motorist.
According to the most recent report on Alberta Traffic Collision Statistics, dozens of Alberta residents are killed in pedestrian accidents each year. Several hundred others sustain serious injuries after being struck by a motor vehicle.
Oftentimes, the drivers responsible for pedestrian accidents flee the scene, leaving the injured party alone in the street to try fending for themselves. And even though anyone who has been injured in a motor vehicle accident should be entitled to Section B benefits to offset their injury-related expenses, without the ability to identify the at-fault driver, pedestrians may be unable to locate the insurance company responsible for providing their coverage.
Pedestrians who have been involved in hit-and-run accidents may still be eligible to receive insurance coverage through the province’s Motor Vehicle Accident Claims Program (MVAC). Those who have been struck by an uninsured driver may be able to pursue MVAC coverage, as well.
If the driver who fled the scene of the pedestrian accident can be identified, they deserve to be held accountable for their actions. In civil proceedings related to pedestrian accident claims in this province, there is a reverse onus of proof on the driver. Unlike in other motor vehicle accident claims where the injured party is required to prove the defendant’s negligence in order to recover damages, in pedestrian accident claims, it is automatically presumed that the driver in question was at-fault for the collision.
That said, negligent drivers and their insurance providers still have the chance to try proving that their actions alone were not solely responsible for the pedestrian accident. By trying to prove that the injured pedestrian was, in some way, contributorily negligent and therefore somewhat responsible for the accident themselves, they could effectively reduce the settlement amount awarded to the injured party.
That is why the support and guidance of a pedestrian accident lawyer serving Cochrane can be so crucial. Without a working knowledge of the unfair tactics often employed by insurance providers and defense litigators, it can be difficult for injured pedestrian accident survivors to recover the compensation they should be rightfully owed.
By working with our Cochrane pedestrian accident lawyers, you may be able to hold the driver responsible for your injuries accountable for their wrongful actions, and to recover the maximum amount of damages to which you could be entitled. To learn more about working with our pedestrian accident lawyers serving Cochrane, contact us today.
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Injured survivors of pedestrian accidents have only a short amount of time in which to act. After being involved in an injury-causing pedestrian accident, it is important to seek out legal advice and assistance as soon as possible.
You can receive the benefit of personalized legal advice during a free initial consultation with our Cochrane pedestrian accident lawyers. To learn how we may be able to help you in your fight for justice and fair compensation, contact our Cochrane pedestrian accident lawyers.
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Proud to be one of Canada’s oldest personal injury law firms. The firm was founded in 1959 and has now grown to numerous offices across Canada. We have cumulatively secured over $1 billion for thousands of Canadians and are proud to maintain a high standard for our professional services without compromising on care or compassion.
Commonly Asked pedestrian accident Questions
Here are our most asked questions on pedestrian accident claims.
I was in an accident while walking, what should I do?
If you are injured, the first thing to do is call 9-1-1 and seek medical attention. If you are able to while at the scene, it is important to note as much information as possible about the other vehicles or parties involved. If there are potential witnesses, it is recommended to get their names and contact information. Once you have sought medical attention, note down important details, and report it to the authorities. It is strongly recommended to speak with a personal injury lawyer to understand your legal rights.
What is a pedestrian accident?
A pedestrian accident is an accident that occurs between a pedestrian or cyclist and a motor vehicle.
What are some reasons for pedestrian accidents?
Common causes for pedestrian accidents include J-walking, weather conditions, poor visibility, drivers not paying attention, speeding, not following the rules of the road, and more.
What common injuries can occur from a pedestrian accident?
Common injuries include brain injuries, spinal cord injuries, soft-tissue injuries, broken bones or fractures, psychological injuries, and more.
What should I do if I was in a hit-and-run accident?
The most important thing to do after an accident is to seek medical attention. If you can, obtain as much information from the scene of the accident, including the make, model, and license plate of the vehicle(s) involved, as well as the names and contact information of potential witnesses. Take pictures at the scene of the accident and call 9-1-1 to further investigate.
The person who hit me does not have insurance, what are my options?
If you were injured by a driver who does not have insurance, you may be able to access the Motor Vehicle Accident Claims Program (MVAC), which is designed to provide minimum compensation for victims of accidents caused by uninsured drivers.
Can I still sue if I was partially responsible for the pedestrian accident?
Yes. The at-fault party does not need to be 100% at-fault for the accident in order for you to have a viable claim.
How is liability established in a pedestrian accident?
In motor vehicle accidents involving two vehicles, the injured person must prove that the other driver was at fault. In most pedestrian accidents, it is the responsibility of the driver to prove they were not at fault for the accident. This is referred to as a “reverse onus,” putting the ball in the court of the driver to show they did everything to try and prevent the accident.
Is there a time limit for making a pedestrian accident claim?
In most cases in Alberta, there is a 2-year limitation period from the day you knew or ought to have known that you have a claim against another party. In most cases, this means two years from the date of the accident. There are some exceptions, including cases involving minors.
What kind of compensation is available for a pedestrian accident?
Compensation can include but is not limited to pain and suffering, past and future income loss and/or loss of opportunity, out-of-pocket expenses, future care costs, loss of housekeeping capacity, and more.
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