Tragically, pedestrian accidents are on the rise. Pedestrians are vulnerable road-users to whom all motor vehicle operators owe a duty of care. Failure to fulfill this legal obligation could lead to senseless fatalities and otherwise preventable injuries.
Pedestrian accidents most frequently occur at crosswalks and intersections. Negligent drivers who operate their vehicles distractedly, recklessly, under the influence of alcohol and/or drugs, or in violation of other local traffic laws could ignore traffic signs or signals, coasting through red lights or speeding past stop signs where innocent pedestrians might be lawfully crossing the street. That said, injurious pedestrian accidents can occur anywhere. Negligent driving in parking lots, on residential streets, on rural side roads, and in any location where cars travel alongside pedestrians could result in serious, life-changing accidents.
Since the majority of pedestrian accidents are the result of driver negligence, in this province, pedestrian accident claims have a reverse onus of proof on the driver involved. Unlike other accident claims wherein injured plaintiffs are required to prove that the at-fault party’s wrongful conduct was responsible for causing them to sustain injuries, in pedestrian accident claims, the motor vehicle operator who struck the pedestrian is automatically presumed to be at-fault for the accident. As such, the driver will likely be responsible for providing the injured pedestrian with financial compensation for damages they have incurred as a result of sustaining injuries. These damages often include:
- Medical treatment
- Lost wages
- Reduced future earning capacity
- Rehabilitative therapies
- Medical equipment
- Mobility aids
- In-home attendant care
- Physical therapy
- Strength-training classes
- Psychological counselling
- Psychiatric treatment
- Accessibility adjustments to their homes
- Mileage expenses to and from medical appointments
- And more
That said, even though the negligent driver who struck and injured a pedestrian may be presumed to be responsible for causing the collision, the at-fault driver may try proving that the injured pedestrian accident victim was contributorily negligent. If the driver presents evidence proving that wrongful conduct on the part of the pedestrian (e.g. jay-walking, crossing against the light, etc.) contributed to the circumstances leading up to the collision, the amount of damages they may be required to pay the injured accident victim could be significantly reduced.
At Preszler Injury Lawyers, we believe that community members who have been struck and injured by negligent drivers should be able to recover the maximum amount of damages to which they are entitled. By working with our pedestrian accident lawyers serving Kentville, injured victims of a motor vehicle operator’s negligence may be able to recover the compensation to which they are rightfully owed.
If you were struck by a negligent driver and sustained compensable injuries as a result, consider booking a free initial consultation with our Kentville pedestrian accident lawyers. To take advantage of your cost-free, no-obligation first meeting, contact Preszler Injury Lawyers today.
Free Consultation for Kentville Residents – We Don’t Get Paid Unless We Win
Our pedestrian accident lawyers serving Kentville offer a free initial consultation to all prospective clients. To review the circumstances of your accident, ask important questions, learn about options that may be available to you, and receive the benefit of personalized legal advice at no initial cost, call Preszler Injury Lawyers today and book your free, no-obligation first meeting with our Kentville pedestrian accident lawyers.