An average of 2,400 pedestrians in British Columbia sustained injuries each year from 2009 to 2014, with an average of 58 resulting in death, according to ICBC. Though Canadian law clearly protects pedestrians, many who are injured presume they have no legal recourse against the at-fault motorist because they were not traveling in a motor vehicle at the time of the accident. However, this presumption is far from the truth.
Even if a pedestrian is found to be partially at fault for an accident, they may be entitled to compensation for medical bills, loss of wages, pain and suffering, or loss of life through a driver’s auto insurance policy.
If you or a loved one sustained injuries in a pedestrian accident, we can help. Our firm has dedicated the last 57 years to one aspect of the law – seeking maximum compensation for those who are injured or killed in accidents because of someone else’s negligence. Call us at 1-844-373-8202 to schedule a free, no-obligation consultation with one of our Vancouver pedestrian accident lawyers.
What steps should I take if a loved one or I was injured in a pedestrian accident?
The key to a successful personal injury claim is evidence. Therefore, the sooner you take action to preserve evidence, the better. After being evaluated by emergency responders, you will want to:
- Get the insurance and contact information of the driver who hit you.
- Report the accident to the police.
- Secure a copy of the police report.
- Gather the contact information for any witnesses.
- Take photographs of the accident scene, if possible.
Next, you should consider reviewing the details of your accident with an experienced pedestrian accident lawyer. Our lawyers can help you better understand the laws regarding pedestrian accidents and complete any investigations you were unable to undertake yourself.
If you or a loved one was hit by a motorist while walking through an intersection or on a sidewalk, you should be able to recover damages under a driver’s insurance policy provided that you did not act carelessly. If you are found to be at fault for the accident, it could minimize the amount of compensation you receive.
What are some common causes of pedestrian accidents?
Motorists are expected to be cautious in all instances, especially if a pedestrian has entered into a crosswalk and the traffic light changes. But careless actions on behalf of drivers can all cause catastrophic accidents, including:
- Not adhering to the posted speed limit.
- Driving under the influence of drugs or alcohol.
- Driving while distracted (i.e., talking on the phone, texting, eating, talking to a passenger).
- Failing to make a full stop at a stop sign.
- Passing another vehicle without a clear view of a crosswalk.
- Ignoring a pedestrian’s right of away.
Crosswalks do not have to be explicitly marked or possess stoplights for a pedestrian to have the right of way. Even if a pedestrian is wearing dark clothing in inclement weather, a driver is expected to look for and yield to a pedestrian who is crossing the street. Unfortunately, motorists often do not keep these responsibilities at the front of their minds.
What injuries can a pedestrian sustain after being hit by a car?
When a car collides with a pedestrian, the pedestrian often sustains serious injuries, including:
- Traumatic brain injuries.
- Broken bones or fractures.
- Neck and back injuries.
- Cuts, scrapes and abrasions.
The majority of the injuries listed above would require long-term medical care and rehabilitation, which can be extremely costly.
How can a pedestrian accident lawyer help me?
The laws surrounding pedestrian accident claims are complicated. It is not a 100 percent guarantee you will win your injury claim because you were not in a car at the time of the accident. Pedestrians have responsibilities too.
As your legal representatives, it is our job to launch a full investigation of the accident to determine who was at fault. We accomplish this by examining the scene of the accident, taking pictures, and reconstructing the event using the details you have given us as well as the ones we have on file from the police report. We also gather testimony from eyewitnesses to corroborate your story.
Once we determine who is responsible for your injuries, we work with your physicians to demonstrate how the accident has impacted your life thus far and what impacts it will have on your future.
What types of compensation am I entitled to?
Pedestrians have the right to file an injury claim against a motorist if the motorist is at fault. Through these claims, you may be compensated for:
- Lost wages, past and into the future.
- Physical therapy, treatment and out of pocket expenses.
- Loss of housekeeping capacity.
- Pain and suffering.
In valuing your claim, we will evaluate the short and long-term effects of the injury. Each case is different, requiring an investigation and thorough evaluation of all damages. We will examine medical records, talk to expert witnesses regarding your prognosis, compile all of your bills, and help you value your noneconomic pain and suffering damages based on your injuries.
What is the time limit to file a pedestrian accident claim in Vancouver?
All personal injuries in Vancouver have a two-year statute of limitations. So you must file your claim within two years. There are also much quicker notice periods for claims against municipalities. But get started as soon as possible so we can begin our investigation and get you on the path to recovering the compensation you need.
Speak with a Pedestrian Accident Lawyer in Vancouver
Call Preszler Law in Vancouver today at 1-844-373-8202 to set up your free, no-obligation consultation. You will not pay us anything for our legal services unless and until we win your case.