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Collisions between pedestrians and motor vehicles can cause significant trauma. The parties who cause the incident, which is often the motorists, are financially responsible for the losses the pedestrian suffers.
Contact a pedestrian accident lawyer in Edmonton when you or a loved one are harmed in an accident involving a motor vehicle. Our seasoned personal injury lawyers can ensure you receive proper compensation for your injuries.
Alberta’s Traffic Safety Act defines a pedestrian as someone walking on foot or using a mobility aid, such as a scooter or wheelchair. Pedestrians have the right of way in crosswalks, whether marked or unmarked. An unmarked crosswalk is a straight line from one sidewalk to the other on the opposite side of a street.
Edmonton has a busy downtown and several vibrant neighbourhoods with busy shops, restaurants, and entertainment venues. A combination of heavy vehicle traffic and foot traffic can lead to accidents, but pedestrian accidents also can happen in parking lots and suburban neighbourhoods. A motorist who is driving responsibly and using appropriate caution is unlikely to hit a pedestrian. The following circumstances often factor in pedestrian accidents:
Some accidents happen because drivers do not see pedestrians due to poor weather conditions or the pedestrian’s failure to make themselves visible.
The Alberta Contributory Negligence Act makes everyone involved in an accident responsible for their part in it. When an injured person was partially to blame for the incident, they can collect only the portion of their losses attributable to other parties’ conduct. For example, a pedestrian who was 20 percent responsible for an accident can collect only 80 percent of their losses from others involved in the crash.
A pedestrian could be found partially at fault if they were careless and their conduct contributed to the crash. For example, impaired walking is a serious safety concern, especially at night. A person could also be liable if they entered the road outside of an intersection without yielding to oncoming traffic or did not stay to the shoulder of the road.
However, the Traffic Safety Act emphasizes the critical importance of drivers being aware of pedestrians. When defending a claim in this situation, the motorist has the burden of showing that they were not to blame for the incident. An Edmonton lawyer representing a partially-at-fault pedestrian could collect and present evidence proving that the driver’s failures were more critical in causing the crash than the pedestrian’s actions.
Anyone injured in a pedestrian accident is entitled to claim compensation for their losses when they can prove someone else’s conduct contributed to their injuries. In most cases, the contributing party is the driver of the vehicle that hit them, but sometimes others, such as vehicle manufacturers, also may be liable.
A pedestrian can get a payout for their uncovered medical costs and any ancillary services they require to facilitate their recovery. They can claim reimbursement of their lost wages and diminished future earning capacity if the injury will prevent them from resuming their current job. An injured person is also entitled to non-pecuniary damages to acknowledge their physical pain, inconvenience, disability, disfigurement, emotional suffering, and similar effects of their injury.
An injured person claiming damages must document their losses. A lawyer in Edmonton could help an injured person and their family compile their expenses and evidence demonstrating the impact the injury has had on their lives.
Pedestrian accidents are frightfully common, and they can produce devastating injuries like TBI or paralysis. Even less serious injuries can cause substantial distress and financial losses.
A pedestrian accident lawyer in Edmonton can help you proceed with a legal claim against the parties who contributed to your injuries. Your time to act is limited, so schedule a free assessment today. Zacharias Vickers & McCann LLP have more than 5 years experience as a business, so we are well-equipped to handle this challenge.