Pedestrian Accident Lawyers Lethbridge
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When negligent drivers glance away from the road distractedly, operate their vehicles under the influence of alcohol or drugs, ignore traffic signs, speed through intersections, or engage in any form of unlawful conduct behind the wheel of their vehicle, they put the lives of innocent road-users at risk. Chiefly among the road-users most susceptible to fatal injuries as the result of a collision caused by a negligent driver are pedestrians.
Pedestrians have no protection from the dangers of the road. Simply crossing the street, returning to their cars in a parking lot, strolling down the sidewalk, or generally going about their daily business could end in the tragic loss of life, and all because of a stranger’s lack of consideration for the safety of others.
Drivers are required to uphold a duty of care to other road-users, including pedestrians. By engaging in wrongful conduct behind the wheel and violating the rules mandated by the province’s Traffic Safety Act, drivers whose actions lead to injury-causing collisions may be considered negligent.
Typically, in civil claims, an injured party pursuing financial compensation for the damages they have incurred as the result of an accident must prove that the responsible party’s negligence was responsible for the injuries they sustained. However, unlike claims related to other kinds of motor vehicle accidents, in pedestrian accident claims, the injured party does not need to prove that the driver’s negligence caused them to incur injury-related financial losses. Instead, there is an automatic presumption of fault on the part of the driver in pedestrian accident claims.
However, negligent drivers still have the opportunity to try proving that the actions of the pedestrian themselves contributed to the circumstances that led to their injury-causing accident. By doing so, these at-fault drivers and their insurance providers could try reducing the amount of compensation awarded to injured pedestrians.
Being injured in a pedestrian accident can be overwhelmingly expensive, even after receiving insurance coverage. Pedestrians who have been injured in a collision should be entitled to Section B benefits to cover the costs of certain injury-related financial losses. They may even be entitled to compensation through Alberta’s Motor Vehicle Accident Claims Program (MVAC) if they were injured in a hit-and-run accident or a collision caused by an uninsured driver. Unfortunately, depending on the severity of the injuries sustained, the insurance coverage available to an injured pedestrian may not be nearly enough to cover their total losses.
Our Lethbridge pedestrian accident lawyers believe that no one should bear the financial burden of someone else’s mistakes. By fighting for the rights of the clients we represent, our pedestrian accident lawyers serving Lethbridge strive to help injured members of the community receive the maximum amount of damages to which they should be entitled. To learn more about working with us, contact our Lethbridge pedestrian accident lawyers today and receive a free initial consultation.
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Our Lethbridge pedestrian accident lawyers offer all prospective clients a free initial consultation on their case. To learn about options for financial compensation that might be available to you, contact us to take advantage of your cost-free, no-obligation consultation.
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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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