Can Injured Pedestrians Claim Compensation?
Yes, pedestrians who are injured through no fault of their own are entitled to claim personal injury compensation. If you have been injured as a pedestrian, or your loved one has, please speak to our Vancouver personal injury lawyers today.
Who can make a pedestrian accident claim?
The law in British Columbia states that anyone injured as a result of someone else’s negligence is eligible to receive compensation for their damages. This includes pedestrians who are harmed while walking or jogging.
Not all injured pedestrians realise this. It is widely known that if you are involved in a car accident, you can take legal action against the motorist at-fault. This recourse is also available to pedestrians who are injured:
- While crossing the road at a crosswalk or other pedestrian crossing
- While walking or jogging on the sidewalk
- By a bike, e-bike or motor vehicle which is not obeying the rules of the road
The families of pedestrians who have died from their injuries may also be entitled to pursue a claim. While this can never undo the terrible tragedy that has occurred, it can provide financial stability for those left behind.
Can you claim pedestrian accident compensation?
You may be hesitant to start a personal injury claim, as you may blame yourself for the accident. However, we urge you to speak to a lawyer about the options available to you. Even if you are partially at fault, you may still have grounds for a claim.
For instance, imagine you are hit by a car while jay-walking. Jay-walking is not permitted in Vancouver. Even so, liability may still be attributed to the motorist if he/she contributed towards the accident in some way – perhaps by speeding or driving while distracted.
Therefore, if you are injured as a pedestrian, it is always worth talking to a lawyer. You may be eligible to receive more compensation that you initially thought.
Time limits for personal injury claims
Pedestrian accident claims must be made within two years of the event. This might sound like a lot of time, but it can take many months to fully investigate the circumstances surrounding the accident. The more time your lawyer has, the better.
What should you do after a pedestrian accident?
If you are injured as a pedestrian, the top priority is of course to get immediate medical attention. Pedestrians have little-to-no protection. Being hit by a vehicle or bike will typically result in serious injuries ranging from broken bones to catastrophic brain trauma.
If you are able, you should also:
- Call 911 and report the accident to the police
- Get the name and contact details of the driver/cyclist who hit you
- Get the names and contact details of anyone who witnessed the accident
- Take photographs of the scene of the accident
- Keep any other evidence relating to the accident and your injuries, such as medical bills
- Contact our Vancouver personal injury lawyers to discuss your next steps
It is very possible that you will be incapacitated by your injuries, so much so that you cannot take photos or speak to any witnesses. If so, the police will likely record all this information in their police report. We can also appeal for witnesses to come forward after the event.
Speak to a Vancouver personal injury lawyer
Pedestrian accidents happen in all sorts of ways. Some of the most common happen because a motorist or cyclist:
- Is speeding
- Is driving while distracted
- Fails to yield at a crosswalk
- Is under the influence of alcohol or drugs
- Does not stop at a stop sign
- Overtakes a vehicle without a clear view of the crosswalk ahead
- Is driving/cycling on a sidewalk
- Emerges from a parking lot or side street without looking
These are just a few examples. If you have been harmed as a pedestrian, or your loved one has, we can help you. Our Vancouver personal injury lawyers specialise in accident claims. We can get you compensation for your pain and suffering, past losses, future losses, and care and rehabilitation costs.Go back to Blog