Most pedestrian accidents occur at crosswalks and intersections. For a number of reasons, all of which may be considered negligence, motor vehicle operators could ignore traffic signs and signals, causing them to strike unsuspecting pedestrians lawfully crossing the street.
However, pedestrian accidents can happen in parking lots, on residential roads, on sidewalks, and in other locations where motor vehicles travel in close proximity to unprotected community members. Pedestrians are the most vulnerable road-users. When struck by negligent drivers, even at low speeds, pedestrians could be killed or severely injured.
All motor vehicle operators on the province’s roads have a legal obligation to provide a duty of care to all other road-users. This includes pedestrians. If a driver engages in wrongful conduct behind the wheel and neglects their duty of care, their negligence could have fatal consequences. Common examples of driver negligence that frequently results in pedestrian accidents include:
- Distracted driving
- Driving under the influence of alcohol and/or drugs
- Texting while driving
- Reckless driving
- Ignoring traffic signs or signals
- And more
In this province, if a driver strikes a pedestrian, they are automatically presumed to be at-fault for the accident and, therefore, negligent. As a result, they may be required to provide the injured pedestrian accident victim with financial compensation for damages they have incurred as a result of their injuries. These damages may include costs related to:
- 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
Unlike other motor vehicle accident claims, in this province pedestrian accident claims have a reverse onus of proof on the at-fault driver. Whereas in other types of accidents, the injured party would be required to prove the negligence of the driver involved in order to be awarded compensation, if a pedestrian is injured by a negligent motorist, it is up to the driver to prove their own innocence.
That said, many negligent drivers responsible for pedestrian accidents try proving that certain wrongful actions undertaken by the injured party contributed to the conditions that caused the collision. They may, for example, claim that the pedestrian was jay-walking and is, therefore, contributorily negligent. If they are successful in proving that they were not solely responsible for causing the accident, the amount of damages they may be required to pay to the injured pedestrian could be significantly reduced.
Our pedestrian accident lawyers serving New Glasgow have a history of standing up to false allegations of contributory negligence. By working with our New Glasgow pedestrian accident lawyers, you may be able to recover the compensation you deserve.
To discuss your case with our New Glasgow pedestrian accident lawyers and learn about options that may be available to you, call Preszler Injury Lawyers today and receive a free initial consultation.
Free Consultation for New Glasgow Residents – We Don’t Get Paid Unless We Win
Injured pedestrians often face long, challenging roads to recovery. At Preszler Injury Lawyers, our pedestrian accident lawyers serving New Glasgow handle all aspects of our clients’ cases so that our clients can focus on healing.
Our New Glasgow pedestrian accident lawyers offer a free initial consultation to injured members of the local community. To learn how we may be able to help with your case, call our pedestrian accident lawyers serving New Glasgow and discuss your situation in a cost-free, no-obligation first meeting.