Pedestrian Accident Lawyers Edmonton

Pedestrians are the most vulnerable road-users and the ones most at risk of suffering catastrophic injuries as the result of a collision with a motor vehicle. The Edmonton Police Service have underscored the need for pedestrian safety, providing resources and safety tips to help residents of the city who are unprotected from the dangers of the road avoid being struck by a motor vehicle operator. Unfortunately, even the most safety-conscious pedestrian could be killed or severely injured in a collision caused by a negligent driver.

Unfortunately, when reckless, inebriated, distracted, or otherwise negligent drivers ignore traffic signals and coast dangerously through intersections pedestrians are put at risk. Pedestrians in Edmonton can be killed or permanently injured in violent, preventable collisions. Fortunately, for individuals who have sustained serious injuries from a pedestrian accident, there may be legal recourse available to you in the form of compensatory damages, and in some cases, punitive and aggravated damages.

Contact our Edmonton pedestrian accident lawyers for a free initial consultation, to see if you may be eligible for valuable compensation for your injuries. This kind of compensation may be vital for you to get back to work and life as normally as possible, had the accident not happened.

Common types of pedestrian accident injuries

Pedestrian accidents can happen anytime and anywhere – and the nature of these injuries can vary significantly depending on the nature of how the accident was caused. Unfortunately, people get struck and injured in a variety of ways.

Some common locations where pedestrian accidents happen include, but are not limited to:

• in a crosswalk;
• crossing the street mid-block;
• on sidewalks;
• parking lots; and
• the shoulder of the road
• and more

How fault get established for pedestrian accident claims in Edmonton

In pedestrian accident claims throughout the province, there is an automatic presumption of negligence on the part of the driver. Therefore, drivers are presumed to be at fault in vehicle-pedestrian accidents. However, that does not end the analysis. The court will look at the nature of the collision and consider what the driver and the pedestrian should have done in the situation. The location of the accident and the speed of vehicles often tells a portion of the story. Drivers should drive slowly, be cautious, and consider the safety of pedestrians when in parking lots, near schools, and near playgrounds. Conversely, pedestrians should be very cautious walking near or on highways, especially at night. Alcohol may play a role with the driver or the pedestrian, and generally result in worse outcomes.

Establishing fault in pedestrian accident claims can be a complex endeavor. If you have been seriously injured in a pedestrian accident, we recommend you book a free consultation with our Edmonton pedestrian accident lawyers to see how we can help recover compensation you rightfully deserve.

How our pedestrian accident lawyers can help with a pedestrian accident claim

Knowing how to find the at fault parties and make sure they pay fair compensation is at the heart of what we do. Insurance companies are sophisticated and understand how to handle injury claims. You should have someone on your side to tell your story and ensure you get what you are entitled to receive. There are two important parts of all claims: liability and quantum.

Liability:

Liability is who is at fault. Many cases involve a division of liability between the pedestrian and the driver. If the injured pedestrian is found to have been contributorily negligent, the number of damages to which they might be entitled could be substantially reduced. A lawyer can assist in finding and presenting evidence to represent your interest.

Quantum:

Quantum is the value of your claim. Lawyers can also help secure treatment for you. Anyone who has been injured in a motor vehicle accident – including pedestrians – should be able to collect Section B benefits. This insurance coverage is intended to help injured accident survivors afford the costs of medically necessary, injury-related expenses. Even people who were injured in hit-and-run accidents or who were struck by uninsured drivers should be able to access some insurance coverage through Alberta’s Motor Vehicle Accident Claims Program (MVAC).

Unfortunately, the benefits available to injured pedestrian accident survivors rarely even begin to cover the lifetime costs associated with their injuries. This is especially true for pedestrians who have sustained catastrophic impairments, such as spinal cord injuries or traumatic brain injuries.

Type of damages available for victims of pedestrian accidents in Edmonton?

You may be entitled to compensation for:

1. General Damages:

You receive damages for pain and suffering based on the extent of your injury, the length of time it takes to recover, and how it impacts your life. Each type of injury has a range of outcomes. Injuries that involve broken bones, brain injuries, and psychological injuries generally impact all facets of your life. While there is a limit on soft tissue injuries that do not impact you long, please consult a lawyer to know your rights. Soft tissue injuries can result in a complete change to your life.

2. Lost Income:

Securing lost past and future income is important. It often is the largest portion of your claim. Your previous wages indicate what you might have earned without the accident, but that is only part of the story. Every case is unique; it is important to consider your life circumstances. For instance, some mothers work on a reduced basis until their children are in school. Some people want to work until they are 70 years old while others retire at 50. Whatever your story is, our lawyers would be happy to tell it on your behalf.

3. Special Damages:

These are your out-of-pocket expenses related to the accident. Victims often pay for medication and treatment during recovery. You are entitled to recover these costs.

4. Future Treatment:

Most people with permanent injuries will have ongoing expenses into the future. Flare ups of symptoms and aging may lead you to need more care, treatment, or housekeeping assistance. If a doctor recommends treatment in the future, you should make a claim for this too.

By working with our Edmonton pedestrian accident lawyers, people who have been struck by negligent drivers may be able to recover compensation comparable with the severity of the injuries they have sustained. Get started with your free consultation today.

How do pedestrian accident lawsuits work in Alberta?

Lawsuits can be complex. Most often, when building a claim, we need to work with seasoned medical experts, vocational experts and occupational health experts to help build a claim. Because the laws can be hard to navigate, we always recommend you consult with a lawyer if you wish to pursue a pedestrian accident claim.

Here is a general overview on how lawsuits for pedestrian accident claims work:

1. Investigate the Claim:

Communicate with the opposing insurer to make sure we know the name and contact information for both the driver and the owner of the vehicle.

2. Begin an Action:

You have two years to sue on any personal injury claim. It is important that you do your research to name all the right parties at the outset.

3. Exchange Records:

Both parties have the right to request and secure records related to the claim. In this phase we use medical records to demonstrate the extent of your injuries. It also allows us to assess any inspections and maintenance of the vehicles.

4. Questioning:

Both lawyers have a right to ask questions about the facts and consequences of the accident under oath.

5. Trial: Trials are quite rare in Edmonton. Most cases settle, which avoids the delay and stress of trial. However, when the parties cannot agree on a resolution presenting your case to a judge to assess the case is the solution.

Another important thing to note is that there are limitation periods you need to be aware of. If you’re too late to file, you may not be able to file a claim for compensation. Normally, you have to file a claim before the 2-year anniversary of the incident. Contact our Edmonton pedestrian accident lawyers for legal help in this regard.

Call our Edmonton pedestrian accident lawyers today for a free consultation

No one should bear the financial burden of someone else’s mistakes. If you are struggling to keep up with your injury-related expenses in the aftermath of a serious pedestrian accident, call Preszler Injury Lawyers today to see how we may be able to assist you.

Our Edmonton pedestrian accident lawyers are standing by to provide you with personalized, case-specific advice. Let us put our experience to work for you.