Do I Need a Lawyer if I Was Involved in a Pedestrian Accident?

Vancouver, Victoria, North Vancouver and White Rock are rated the most “walkable” cities in British Columbia for good reason. But when drivers fail to yield or breeze through a crosswalk with careless inattention, it is pedestrians and cyclists who suffer the most.

The Insurance Corporation of British Columbia (ICBC) reports that some 50 pedestrians are killed each year, and more than 2,300 are injured in accidents with vehicles. Determining liability in a pedestrian accident can be complicated, underscoring the need for professional legal counsel.

A lawyer can help pursue full compensation 

While you are not obligated to hire a lawyer after a pedestrian accident in British Columbia, doing so can improve your chances of receiving a fair payout. Claims involving unmarked crosswalks can be difficult to prove without the guidance of an experienced lawyer who deals with ICBC injury claims on a regular basis.

Your choice of ICBC law firm can impact the outcome of your claim. It pays to vet your legal counsel and ensure they have the skills, resources and knowledge to conduct full investigations and identify whether the driver violated road rules, causing your injuries.

With a dedicated professional from Preszler Law at your side, you will understand if you are eligible for more than Part 7, or No-Fault Benefits. In cases where it can be established you followed the rules of the road, and the driver was negligent; you may qualify to pursue an injury claim against the at-fault party.

At Preszler Law, we see the harm that negligent drivers cause all the time. In the majority of accidents, motorists are partly or fully to blame for pedestrian injuries. Sometimes they speed through intersections or fail to slow down during bad weather or low light.  We are diligent in seeking full benefits that victims and their loved ones deserve.

Protecting pedestrian and cyclists’ rights 

ICBC adjusters conduct their own investigations and may attempt to assign liability to the pedestrian or bicyclist, to minimize their payout. Injured pedestrians may be unsure of their legal rights, which is yet another reason to seek legal guidance from a reputable law firm.

A good lawyer can help you file an ICBC claim that seeks money to reimburse for your lost income, medical and surgery expenses, housekeeping services and costs associated with ongoing care such as physical therapy and chiropractic treatments.

There are many potential pitfalls when making an ICBC injury claim– mistakes that a lawyer can help you avoid. Specific information must be provided, and deadlines met. We will ensure all documents and reports are filed promptly, to increase the strength and integrity of your claim.

Liability assessment is a key element to your financial recovery. Establishing at-fault parties takes time and attention to detail. Your lawyer will interview people who witnessed the accident and will submit this information to help advance your case. Under the Motor Vehicle Act, all drivers have a duty to avoid a collision with a pedestrian. Depending on the circumstances, even a jaywalker who gets hit may still recover benefits if it determined that the motorist did not exercise sufficient caution.

Gathering evidence to support your claim 

Most people have limited experience dealing with the ICBC, which is where legal representation can help.  Seeking benefits for a pedestrian accident isn’t as simple as submitting a report. You will need eyewitness statements, photos of the accident scene, and medical records that speak to the full extent of your injuries and ongoing care needs.

Preszler Injury Law is well-versed in pedestrian rights, and has handled claims involving various types of knockdowns:

  • Crosswalk accidents
  • Intersection accidents
  • Parking lot and side street accidents
  • Failure to yield right of way
  • Distracted driving
  • Speeding
  • Intoxication

Preszler Law offers free case reviews 

Many pedestrians are unaware that they have the right to pursue a claim against negligent drivers, or that they don’t have to accept a settlement offer from the ICBC. We know the law and can negotiate on your behalf to maximize your payout.

Since we work on a contingent-fee basis, you pay nothing unless we obtain a settlement or court award on your behalf. Contact us today to schedule a complimentary case review.

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