Pedestrian Accident Lawyers Calgary
In recent years, the province of Alberta has seen a concerning rise in fatal pedestrian accidents. Thousands of collisions involving pedestrians occur across the province each year, resulting in preventable deaths, disabling injuries causing lifetimes of physical, emotional, and financial challenges.
Pedestrian accidents can happen in both rural areas and major urban centres. In the province’s largest city, on average, at least one pedestrian is struck by a vehicle every day. Pedestrians can be struck by negligent drivers on sidewalks, rural roads, residential blocks, in parking lots, and in other locations throughout the province where people travel near motor vehicles.
According to Alberta Traffic Collision Statistics, most fatal pedestrian accidents occur during weekday rush hours, when drivers’ impatience may contribute to more aggressive and distracted operation of their motor vehicles. These statistics show that most deadly pedestrian accidents are the result of drivers failing to yield the right of way. Although pedestrians can also be found at fault when involved in collisions, they may still be entitled to accident coverage through Alberta’s Motor Vehicle Accident Claims Program. According to section 185 of the Alberta Traffic Safety Act, there is a reverse onus of proof in pedestrian accident cases. This means the driver of a vehicle involved in a collision must prove that the accident did not arise due to their failure to drive safely. This can be important in determining the outcome of pedestrian accident claims. If you or a loved one have sustained serious injuries in a pedestrian accident, we recommend you consult with our Calgary pedestrian accident lawyers to see if you may be eligible for compensation.
Steps to take following a pedestrian accident in Calgary
If you or a loved one have been involved in a pedestrian accident in Calgary, Alberta, here are some immediate steps you should take following an accident that resulted in serious injuries:
- Confirm the identity of the other party (take photographs of the license and license plate)
- Ask for contact details of any witnesses
- Contact the police
- Contact your insurer
- If you are injured, attend a hospital or a doctor
- Be cautious and listen to your body. Your injuries may only become apparent after the adrenaline has worn off.
- Contact a lawyer if you have been seriously injured as you may be eligible for compensation
Common causes of pedestrian accidents in Calgary
Most pedestrian accidents take place at intersections and crosswalks. Distracted or inebriated drivers may coast through intersections without proper caution while pedestrians with the legal right of way are attempting to cross the street. Some drivers recklessly and purposefully ignore traffic signals, running stop signs or red lights where pedestrians may be attempting to cross the road. Engaging in any kind of wrongful behaviour behind the wheel can result in a preventable accident in which an unsuspecting, innocent, law-abiding pedestrian loses their life as the result of a total stranger’s negligence. Our Calgary pedestrian accident lawyers have seen a lot of causes for pedestrian accidents, and in most cases they result in serious injuries. Pedestrian accidents can result in injuries such as broken bones, brain injuries and concussions, soft tissue injuries, psychological injuries and can also result in fatalities. And some of these injuries may never go away, leaving victims to live with chronic pain and other ailments for the rest of your life. This is why legal recourse is available for individuals who have been injured in pedestrian accidents.
Commencing a lawsuit in Calgary after a pedestrian accident
Knowing the identity of the person who struck you is important to make a claim against that person and their insurance. Once you know the person and confirm they have insurance the most important thing is your recovery. Regularly see your doctor and follow their advice about treatment, recommendations, and if necessary, time off work.
If you recover quickly, you may be able to settle your case shortly after the accident. However, if you have ongoing symptoms, it is important to understand how those injuries will impact your life and career before settling your case. You only can settle your case once and it is a binding contract. If you are uncertain, please contact a lawyer.
You should commence a lawsuit in the Court of the King’s Bench if you have permanent injuries. The steps in litigation follow the same pattern in all civil litigation. We recommend you have a lawyer to assist you in navigate civil procedure.
Hit and Run Pedestrian Accidents
Recent data examining a decade’s worth of local police reports indicate that, out of the thousands of pedestrian accidents that have occurred, one-fifth of those collisions were hit and runs. Additionally, 17% of casualties caused by pedestrian accidents were caused by a driver who fled the scene.
Failing to remain at the scene of a pedestrian accident is a callous and cowardly act. It is also against the law. When negligent drivers’ strike someone while operating their vehicle and try to flee the scene, they leave an innocent community member alone in the street where they may very well lose their life. By failing to take responsibility for their negligent actions, drivers at-fault for hit and run accidents could jeopardize another human being’s life and their long-term physical health.
Those who survive hit and run accidents may be unsure of where to turn for accountability and compensation. Without the responsible driver’s insurance information, it can be difficult to know where to turn for potentially life-saving accident benefits.
In Alberta, the Motor Vehicle Accident Claims Program (MVAC) provides compensation to the victims of hit and run accidents, as well as the survivors of accidents caused by uninsured drivers. Injured pedestrians who were left alone at the location of their accident should be able to recover insurance coverage through the MVAC.
By consulting with our Calgary pedestrian accident lawyers, you will have the opportunity to learn about the various options for compensation that might be available to you. To discuss potential avenues for compensation, book your free consultation with our lawyers today. In cases involving collisions between two motor vehicles, in order to recover compensation through a civil claim, the injured party must be able to show evidence proving that the other driver’s negligence was responsible for their injury-causing accident. However, in Alberta, if a motor vehicle operator strikes and injures a pedestrian, the driver is automatically presumed to be at-fault. This is referred to as a reverse onus.
In pedestrian accident claims, the onus is on the driver to try proving that their negligence was not entirely responsible for the collision. This means that, in an attempt to reduce the settlement payment a negligent driver’s insurance provider will be required to pay an injured pedestrian accident victim, they might assert that the pedestrian’s own wrongful actions contributed to the circumstances that led to the collision. For example, if the pedestrian was jaywalking, crossing an intersection against the light, or failed to take other precautions to ensure their own safety, the at-fault driver’s insurance provider will try proving that the accident victim’s actions was partially responsible for their injuries. However, if the at-fault driver can prove that the injured pedestrian was also at fault, the damages they may be required to pay could be significantly reduced.
With decades of experience fighting against insurance companies’ strategies, our Calgary pedestrian accident lawyers will represent your best interests in civil proceedings to help you get the compensation you are rightfully owed.
Book Your Free Initial Consultation with Our Calgary Pedestrian Accident Lawyers
Pedestrian accidents can be life-changing experiences. Injured survivors of these traumatic incidents are often forced to cope with the demanding physical, emotional, and financial consequences for weeks, months, and even years following their accidents. And while pedestrians who have been injured in motor vehicle collisions should be able to recover Section B benefits to help offset the costs of injury-related expenses, oftentimes these insurance benefits are nowhere near sufficient to replace an injured pedestrian’s total accident-related financial losses.
That is why, if you were struck by a negligent driver, you should consider scheduling a free initial consultation with our Calgary pedestrian accident lawyers. By doing so, you could receive personalized, case-specific legal feedback about your case and your options for financial recovery.
At Preszler Injury Lawyers, all prospective clients receive a free initial consultation wherein they can review the circumstances of their cases and get personalized legal feedback. Furthermore, to reduce financial barriers to accessing our legal services, our pedestrian accident lawyers work on a contingency-fee basis. There are no upfront, out-of-pocket payments required. In fact, if you are eligible to work with us, you will not pay a cent for our services unless we win your case.
Get started by booking your free consultation with us today.
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