Pedestrian Accidents in Alberta: Understanding Your Rights and Legal Options

When most people think about pedestrian accidents in Alberta, the first thing that comes to mind is that it’s uncommon. And while that may be true, it’s also a fact that accidents like this happen more often than you might think. In any case, the question is what to do if you’ve been in a pedestrian accident in Alberta.

Firstly, one should keep in mind that the sudden impact of a vehicle running over you will quickly shatter the calm of your everyday life… and your mind. In any case, these are the steps that you ought to follow if you want the whole process to be somewhat smooth.

What Is a Pedestrian Accident?

A pedestrian accident is when a vehicle hits someone on foot. These crashes may occur on the road, in crosswalks or even a parking lot. This of course has devastating results as a moving vehicle and the human body are simply not compatible.

Pedestrian collisions are a big issue in Alberta. The most recent statistics show these incidents make up a large percentage of all traffic injuries and deaths. These accidents are more common in denser urban areas such as Calgary and Edmonton, but even rural roads see their share.

Immediate Steps After a Pedestrian Accident

1. Seek Medical Attention: Your Health is Number One. Even if you feel fine, some injuries are asymptomatic. Internal injuries, concussions, or soft tissue damage may take time before symptoms appear. It is in your best interest to visit a medical facility as soon as possible. First, you’ll make sure that your health is not at risk. Second, an official record of your injuries will be created, which may be necessary for any legal action that you will have to take.
2. Report the Accident: Get in call with the police in order to file the report if they have not done so themselves yet. Make sure that to provide them with a clear account of the events leading to the accident, and refrain from making any unnecessary statements, especially if they touch on guilt or thoughts and assumptions.
3. Gather Information: Assuming you were not killed in the accident, if possible, gather as much resolvable information as possible, such as:
   • Any address details for the driver and his or her insurance, ahead of time
   • Witness cell phone numbers or means of contact
   • Photos of the accident scene and your injuries or any damaged property
   • Notes on time, weather and location
   • Remember, this is the day and age of the smartphone, where pictures and even videos are easily taken. You never regret taking too many photos.
4. Document Everything: Keeping track of every little thing is also a good self-defense habit.
   • Bills from hospitals, insurer’s cashed cheques
   • Receipts for any and all prescription drugs required
   • Trip expenses for any travel to medical appointments
   • Opportunity income lost due to getting time off work

5. Speak to a lawyer: Do not contact any insurance company without first consulting with an attorney who focuses his or her practice on pedestrian accident law. Most of them will give you a free initial consultation.

Common Causes of Pedestrian Accidents

Understanding the causes of pedestrian accidents can prevent these incidents in the future. It is also crucial to determine who is liable to suffer the consequences of a collision. Vehicles may hit susceptible road users due to:

1. Distracted driving: The prevalence of mobile devices made such actions as talking over the phone, texting, or engaging with in-vehicle entertainment a leading cause of accidents. As a result, such drivers may fail to see pedestrians who cross the street.
2. Speeding: Reduced time for reaction and stopping prevents drivers from completing those tasks when a pedestrian enters the street. Conversely, fast cars cause severe injuries even while hitting.
3. Failure to Yield Right-of-Way: Many accidents occur when drivers fail to yield to pedestrians at crosswalks or intersections. This is often due to inattention or a misunderstanding of traffic laws.
4. Impaired Driving: Alcohol and drug use significantly impair a driver’s judgment and reaction time, increasing the risk of pedestrian accidents. Despite strict laws, impaired driving remains a serious issue in Alberta.
5. Poor Visibility: Accidents are more common during nighttime or in adverse weather conditions when visibility is reduced. This risk is heightened in areas with inadequate street lighting.
6. Jaywalking: While drivers have a duty of care, pedestrians who cross outside of designated crosswalks or against traffic signals put themselves at risk.
7. Weather Conditions: Alberta’s harsh winters can create hazardous conditions for both drivers and pedestrians. Icy roads, snow banks, and reduced visibility all contribute to increased accident risk.
8. Infrastructure Issues: Poor road design, lack of proper sidewalks, or inadequate pedestrian crossings can contribute to accidents. This is particularly true in rapidly growing urban areas where infrastructure may not have kept pace with population growth.

Understanding these causes is not just about prevention; it’s also crucial in determining liability in legal proceedings. Our experienced legal team at Affinity Law is well-versed in investigating the root causes of pedestrian accidents to build strong cases for our clients.

Types of Injuries in Pedestrian Accidents

Pedestrian accidents often result in severe injuries due to the direct impact between a vehicle and an unprotected individual. Common injuries include:

1. Traumatic Brain Injuries (TBI): From mild concussions to severe brain damage, TBIs are among the most serious outcomes of pedestrian accidents. These injuries can have long-lasting effects on cognitive function, memory, and emotional regulation.
2. Spinal Cord Injuries: These can lead to partial or complete paralysis, dramatically altering the victim’s quality of life. The cost of lifelong care for severe spinal injuries can be astronomical.
3. Fractures and Broken Bones: The force of impact often results in multiple fractures, particularly in the legs, arms, and pelvis. Complex fractures may require surgery and extended rehabilitation.
4. Internal Injuries: Damage to internal organs can be life-threatening and may not be immediately apparent after the accident. This is why immediate medical attention is crucial, even if you feel fine initially.
5. Soft Tissue Injuries: Whiplash, sprains, and strains are common and can lead to chronic pain. While often considered “minor,” these injuries can significantly impact daily life and ability to work.
6. Cuts and Lacerations: While sometimes less severe, these injuries can lead to significant blood loss and scarring. In some cases, they may require plastic surgery.
7. Psychological Trauma: Many victims suffer from PTSD, anxiety, or depression following the accident. The emotional impact of a pedestrian accident is often overlooked but can be just as debilitating as physical injuries.

The severity of these injuries often necessitates long-term medical care, rehabilitation, and significant lifestyle changes. At Affinity Law, we understand the profound impact these injuries can have on your life. Our dedicated team works tirelessly to ensure that all aspects of your injuries – both physical and psychological – are thoroughly documented and accounted for in your claim.

Legal Framework: Understanding Your Rights

In Alberta, the legal framework surrounding pedestrian accidents is primarily governed by the Traffic Safety Act and common law principles. Key points to understand:

1. Duty of Care: Both drivers and pedestrians have a duty of care to act reasonably and safely on the road. For drivers, this means being vigilant, following traffic laws, and anticipating pedestrian actions. For pedestrians, it means using designated crosswalks, obeying traffic signals, and being aware of their surroundings.
2. Right-of-Way: While pedestrians often have the right-of-way, especially at marked crosswalks and intersections, they also have a responsibility to exercise caution. The right-of-way is not absolute and doesn’t absolve pedestrians from their duty to ensure their own safety.
3. Reverse Onus: Under the Traffic Safety Act, there’s a reverse onus on the driver in pedestrian accidents. This means the driver must prove they were not negligent, rather than the pedestrian having to prove the driver’s negligence. This unique aspect of Alberta law can be a significant advantage for injured pedestrians seeking compensation.
4. Contributory Negligence: If a pedestrian is found to have contributed to the accident (e.g., by jaywalking), their compensation may be reduced proportionally to their degree of fault. This is known as contributory negligence and is assessed on a case-by-case basis.
5. No-Fault Benefits: Regardless of who is at fault, pedestrians are entitled to certain no-fault benefits through the driver’s insurance policy. These Section B benefits cover medical expenses and provide some income replacement, regardless of who caused the accident.

Understanding these legal principles is crucial in navigating your case. Our experienced lawyers at [Law Firm Name] are well-versed in Alberta’s traffic laws and can provide you with expert guidance on how these laws apply to your specific situation.

Determining Fault in Pedestrian Accidents

Establishing fault in a pedestrian accident isn’t always straightforward. It requires a careful examination of all the circumstances surrounding the incident. Factors considered in determining fault include:

1. Driver’s Actions: Was the driver speeding, distracted, or violating traffic laws? Did they fail to yield the right-of-way or ignore traffic signals?
2. Pedestrian’s Behavior: Was the pedestrian crossing legally? Were they visible to drivers? Were they distracted (e.g., using a phone while walking)?
3. Road Conditions: Did poor road design or maintenance contribute to the accident? Were there adequate crosswalks, traffic signals, or lighting?
4. Witness Statements: Eyewitness accounts can provide crucial information about how the accident unfolded.
5. Traffic Camera Footage: If available, this can offer clear evidence of the events leading up to the accident.
6. Police Reports: Official accident reports provide an initial assessment of the incident and often include valuable information about road conditions, weather, and statements from those involved.
7. Expert Analysis: In complex cases, accident reconstruction experts may be called upon to provide a detailed analysis of how the accident occurred.

Remember, fault isn’t always 100% on one party. Alberta follows a contributory negligence system, meaning both the driver and pedestrian can share fault. This can impact the compensation awarded.

At Affinity Law, our team of skilled investigators and legal experts work diligently to gather all relevant evidence to build a strong case for our clients. We understand the nuances of fault determination in Alberta and use this knowledge to advocate effectively for your rights.

Compensation: What You Can Claim

If you’ve been injured in a pedestrian accident in Alberta, you may be entitled to various forms of compensation. These can include:

1. Medical Expenses: This covers current and future medical treatments, rehabilitation, and assistive devices. It’s important to keep detailed records of all medical costs related to your injuries.
2. Lost Wages: Compensation for income lost due to the inability to work, including potential future earnings if the injury affects your long-term career prospects. This can be particularly significant for those with severe injuries that prevent them from returning to their previous occupation.
3. Pain and Suffering: Non-economic damages for physical pain and emotional distress. While more challenging to quantify, these damages acknowledge the impact of the accident on your quality of life.
4. Loss of Enjoyment of Life: Compensation for the inability to engage in activities you once enjoyed. This could include hobbies, sports, or other recreational activities that your injuries now prevent you from participating in.
5. Out-of-Pocket Expenses: Reimbursement for costs related to the accident, such as transportation to medical appointments, home care services, or modifications to your home or vehicle necessitated by your injuries.
6. Home Modification Costs: If your injuries require modifications to your living space, such as wheelchair ramps or bathroom renovations, these costs can be included in your claim.
7. Attendant Care: Compensation for the cost of in-home care if needed. This can include professional nursing care or compensation for family members who provide care.
8. Psychological Counselling: Coverage for therapy or counseling to address emotional trauma resulting from the accident.

The amount of compensation varies widely depending on the severity of injuries, the impact on your life, and the circumstances of the accident. Factors such as your age, occupation, and pre-accident health condition can also influence the compensation amount.

It’s important to note that there are caps on certain types of damages in Alberta. For example, there’s a cap on pain and suffering damages for minor injuries. However, this cap doesn’t apply to more severe injuries.

Our experienced lawyers at Affinity Law are skilled in accurately assessing the full value of your claim, ensuring that all current and future needs are accounted for. We work with medical professionals, occupational therapists, and financial experts to build a comprehensive picture of how the accident has impacted your life and what compensation is necessary to support your recovery and future needs.

Navigating Insurance Claims

Dealing with insurance companies after a pedestrian accident can be challenging. Here’s what you need to know:

1. No-Fault Benefits: In Alberta, pedestrians are entitled to certain no-fault benefits through the driver’s insurance, regardless of who caused the accident. These are known as Section B benefits.
2. Section B Benefits: These provide coverage for medical expenses and lost income up to certain limits. They typically include:
   • Medical and rehabilitation expenses up to $50,000
   • Income replacement benefits (usually 80% of gross weekly earnings up to a maximum)
   • Housekeeping and home maintenance benefits
   • Death and funeral benefits
3. Tort Claim: If your injuries are severe or exceed the no-fault benefits, you may need to file a tort claim against the at-fault driver. This is where having a skilled lawyer becomes crucial.
4. Insurance Adjusters: Be cautious when speaking with insurance adjusters. Their goal is often to minimize the payout. It’s advisable to have a lawyer handle these communications on your behalf.
5. Settlement Offers: Early settlement offers are often lower than what you may be entitled to. Consult with a lawyer before accepting any offer to ensure it adequately covers all your current and future needs.
6. Documentation: Keep detailed records of all interactions with insurance companies, including dates of calls, names of representatives you spoke with, and summaries of conversations.
7. Independent Medical Examinations: Insurance companies may request that you undergo an independent medical examination. It’s important to understand your rights regarding these examinations and to have your lawyer review any requests.

Navigating insurance claims can be complex and time-consuming. At Affinity Law, we handle all communications with insurance companies on your behalf, ensuring your rights are protected and you receive the full compensation you deserve.

How can we help?

Pedestrian accidents in Alberta can have devastating consequences, impacting victims physically, emotionally, and financially. Understanding your rights and the legal landscape is crucial in securing the compensation you deserve and need for recovery.

At Affinity Law, we’re committed to helping pedestrian accident victims in Alberta navigate the complex legal process. Our experienced team provides compassionate, expert legal support to ensure your rights are protected and you receive fair compensation.

Don’t let the complexities of pedestrian accident claims overwhelm you. If you or a loved one has been involved in a pedestrian accident, reach out to us for a free, no-obligation consultation. Let our experienced team fight for your rights while you focus on your recovery.

Your path to justice and fair compensation starts here. Contact Affinity Law today, and take the first step towards reclaiming your life after a pedestrian accident. Remember, time is of the essence in these cases. Don’t delay in seeking the legal help you need. Your future wellbeing may depend on the actions you take today.