According to the ICBC, in 2012 there were 2,300 accidents involving pedestrians in British Columbia, 65 in which a pedestrian was killed. Being struck as a pedestrian is a horrifying experience, and can result in serious injury due to a complete lack of protection.
Who Can Be Held Liable in My Pedestrian Accident Claim?
There is a popular misconception that, unless a pedestrian is struck while crossing a street in a crosswalk or at an intersection while the “walk” signal is activated, the driver who struck them would not be liable for the accident. In fact, motorists have been held liable for pedestrian injuries even when the pedestrian has been reckless. Even if a motorist has the right of way and the pedestrian is drunk, jaywalking or running across the street in dark clothing late at night, the motorist might be held liable to some degree for the pedestrian’s injuries if the driver failed to take reasonable steps to avoid an accident under the circumstances.
For example, a motorist has been held partially liable for striking a pedestrian who was running across a highway at night wearing dark clothes. The court found that, even though the plaintiff was negligent for jaywalking and wearing dark clothing, the lighting was sufficient enough for him to be seen and the driver should have braked. In other cases, drivers have been held partially liable even though pedestrians made a sudden movement into the vehicle’s path because they were in an area where there was partying or a festival occurring, and the motorist should have anticipated carelessness.
What Damages Can I Collect in a Pedestrian Accident?
After a pedestrian accident, a person can be left with large financial burdens and ongoing medical issues. In your pedestrian accident claim with ICBC or any other insurance provider, you may be eligible for damages, including but not limited to:
- Medical expenses
- Lost wages, including future earnings
- Loss of benefits
- Pain and suffering
It is important that you do not accept a settlement before you have an experienced lawyer assess your situation. You may be eligible for more than you think.
Vancouver Pedestrian Accident Lawyer
Pedestrian accidents require careful witness interviews and, at times, expert engineering evidence to deal with evidence concerning lighting conditions or the speed at impact. In accidents with serious or catastrophic injuries, it is important to interview witnesses and examine the vehicle and road as soon as possible to ensure that all necessary evidence is obtained and preserved. If liability is may be an issue, it is beneficial to retain experienced pedestrian accident lawyer Bruce Lemer promptly so that the evidence can be preserved and your rights protected when dealing with ICBC.