Alberta isn’t especially pedestrian-friendly, and that means it’s easy to get into an accident when you’re getting around on your own two feet.
Drivers are often negligent, failing to pay attention or failing to observe posted speed limits. Many drivers don’t adjust for prevailing weather conditions. Some even strike pedestrians because they ignore traffic signals.
Pedestrians can also cause an accident by failing to observe traffic rules that apply to them.
Why You Need an Expert in Pedestrian Claims
Drivers aren’t always held liable for pedestrian claims. For example, in Bouchard Estate v. Chalifoux Alberta courts found the driver of a vehicle not liable for hitting and killing a pedestrian who was running across the road.
You can’t treat a pedestrian claim like it’s a sure thing, even though you’ve been struck by a much larger, stronger vehicle.
Pedestrians are also rarely in any shape to gather evidence, take photographs, or talk to witnesses after an accident. While these things are ideal we have certainly tried cases where the pedestrian was incapacitated by the accident. If this happens to you then you should call a lawyer as soon as you’re capable of doing so. Let your lawyer handle the defendants and file the claims in your case. This will prevent you from making major mistakes while you’re still disoriented.
Alberta is a contributory negligence province. This means that in cases where a pedestrian and a car accident collide, both parties get assigned a percentage of fault. For example, the court may decide the plaintiff was 25% at fault whereas the defendant was 75% at fault. The plaintiff would only be able to recover 75% of the amount they would have won had the defendant been 100% responsible. This is because the law recognizes that the responsible party in an accident should be asked to bear the costs of the damages.
You need a lawyer who will work hard to reduce the court’s perception of your liability while increasing the court’s perception of the liability of the other party or parties taking part in the case.
Wrongful Death Claims for Alberta Pedestrians
It’s tragic but true. Many pedestrian accidents result in the death of the pedestrian.
If you are the spouse, parent, or child of a pedestrian killed in an auto accident then you can bring a wrongful death claim.
These claims must be handled carefully and with a lawyer’s assistance to maximize the amount you can recover for the loss of your loved one’s earning potential and company. The compensation may also help you cover funeral expenses.
This is an area of the law that is quite complex. Do not assume you can successfully navigate it without a lawyer’s assistance.
Why Merchant Law?
Turn to Merchant Law because we have a long track record of winning impressive amounts in pedestrian accident cases. Our lawyers are tough litigators who will fight hard for you. Many of our clients receive ten times as much as they would have received alone.
Reaching out to us is risk-free. We work on a contingency fee basis, so we don’t get paid until you get paid.
Schedule your free consultation by calling (780) 474-7777 or by visiting our Edmonton office at:
Ledgeview Business Centre
9707 110 St NW, Suite 325
Edmonton, AB T5K 2L9