Can Injured Pedestrians Make a Claim?

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Can Injured Pedestrians Make a Claim?

If you have been injured as a pedestrian in an accident for which someone else was to blame, you may be able to make a personal injury claim for compensation.

Pedestrian accidents in British Columbia
The law in Canada recognizes that all road users can potentially be harmed in an accident, including cyclists, passengers and pedestrians. If anyone is injured on the roads through no fault of their own, they are eligible to make a personal injury claim.

So if you have been wrongfully injured as a pedestrian, perhaps while walking or running, you could be entitled to compensation.
However, it will be necessary to establish that the accident was not your fault. This may sound strange, but pedestrians have a responsibility to look after their own health and safety, and to respect the rules of the road.

There have been cases when a motorist has collided with a pedestrian, and yet the court has found the pedestrian to be at-fault (or at least partly at-fault). This might happen if, for example, the pedestrian was jay-walking or failed to check for oncoming traffic at a crosswalk.

It can be confusing to understand when you can, and cannot, make a personal injury claim. If you have been injured as a pedestrian, a personal injury lawyer will be able to advise you further.

Compensation for pedestrian accidents
The injuries suffered by pedestrians are often extremely serious, and while a successful personal injury claim cannot turn back the clock and give you your health back, it can offer some recompense for the pain and suffering that has been caused.

If a motorist is to blame, you may be able to make a personal injury claim and obtain ‘no-fault benefits’ from ICBC. This is the case in the majority of pedestrian accident claims, which typically arise after a pedestrian is struck by a vehicle at a crosswalk or on a sidewalk.

But there are also times when another individual or organization is responsible for the accident, such as a cyclist or another pedestrian. In such cases the person at-fault may not have insurance, complicating the claims process.

Personal injury lawyer Vancouver
If you have been injured as a pedestrian, or your loved one has, a lawyer who specializes in personal injury claims can advise you further. Every situation is different and it will be necessary to consider the facts of the case before deciding on the best way forward.

To find out more about how our personal injury lawyers can help you, please do not hesitate to contact us at North Shore Law LLP today.

2018-09-26T19:01:18+00:00