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Date Posted: July 12, 2023 1:03 am
Pedestrian motor vehicle accidents can be life-altering events, causing serious injuries or even fatalities. In Canada, individuals involved in such accidents have rights and options for seeking compensation for their damages. Understanding the tort and accident benefits law is crucial for injured victims, also known as plaintiffs, who wish to advance personal injury claims or accident benefits claims.
For instance, in New Brunswick, pedestrians who sustain injuries from an automobile accident are eligible for No-Fault Statutory Accident Benefits. These benefits, which are accessible to all pedestrians, might encompass medical and rehabilitation aid. Understanding these legal procedures and rights can greatly assist victims in obtaining the necessary resources for recovery and pursuing fair compensation.
It’s important to recognize that each accident is unique, and the legal process can vary depending on the circumstances surrounding the incident. Claimants should consider consulting legal professionals, who can help navigate the complexities of the Canadian legal system and maximize their chances of a favorable outcome in their case against powerful insurance company.
Common Causes
Pedestrian motor vehicle accidents can occur for various reasons. Some common causes include driver inattention, speeding, failing to yield, and pedestrians not using designated crossing areas. Weather conditions and poor visibility also contribute to accidents involving pedestrians and motor vehicles. Despite preventative measures, pedestrian fatalities still account for a significant portion of motor vehicle accident deaths.
Pedestrian and Driver Responsibilities
Both pedestrians and drivers have responsibilities under the Motor Vehicle Act in Canada to ensure road safety. Pedestrians must follow traffic laws, such as using crosswalks and obeying pedestrian signals. They should also exercise caution when crossing roads and be aware of their surroundings. On the other hand, drivers must yield to pedestrians at crosswalks, maintain safe speeds, and remain attentive to avoid collisions with pedestrians.
Pedestrian Responsibilities
Driver Responsibilities
Both parties are responsible for promoting road safety and reducing the risk of pedestrian motor vehicle accidents. By adhering to the Motor Vehicle Act and being vigilant while using roads, both pedestrians and motorists can contribute to a safer environment for everyone.
Reverse Onus
In Canada, the concept of reverse onus plays a significant role in pedestrian motor vehicle accident claims. This legal principle shifts the burden of proof from the pedestrian to the defendant, meaning that the driver’s responsible for proving that they were not negligent in the accident. If the driver cannot provide sufficient evidence to demonstrate their actions, they may be liable for the pedestrian’s injuries (Justia).
Given this burden of proof, it is important for both the pedestrian and the driver to gather and present persuasive evidence. This might include photographs of the accident scene, witness statements, or expert testimony.
Contributory Negligence
If the pedestrian is found to have contributed to the accident through their own negligence, the concept of contributory negligence comes into play. In such cases, the pedestrian’s claim for damages may be reduced in proportion to their degree of fault. For instance, if pedestrians are deemed 40% responsible for the accident, their damages award may be reduced by 40%.
Under contributory negligence, both parties involved in the accident need to evaluate their actions and gather appropriate evidence. For the pedestrian, the focus should be on minimizing their share of responsibility, while the defendant should aim to establish that the pedestrian’s negligence contributed to the accident. Potential evidence in this context may include:
In conclusion, understanding the liability and negligence elements of pedestrian motor vehicle accident claims in New Brunswick is key to navigating the legal process. Awareness of the reverse onus concept and the implications of contributory negligence can help pedestrians and drivers build stronger cases and pursue appropriate compensation for their injuries.
Collecting Evidence
After a pedestrian motor vehicle accident, gathering evidence to support the claim is crucial. Begin by taking pictures or photographs of the accident scene, any visible injuries, and vehicle damage. In addition, obtain the contact information of any witnesses as their statements may prove helpful. It is advisable to contact the police and file a report, ensuring accuracy in describing the accident and any contributing factors.
Obtaining Medical Records
Seek immediate medical attention after the accident, even if injuries appear minor – some injuries may not manifest immediately or may worsen over time. Obtain copies of all medical records and bills related to the accident, as this documentation will serve as evidence of injury and expenses incurred. Keep track of all expenses, including any additional treatments or specialist advice obtained.
Filing a Civil Lawsuit
To recover loss or damage after a pedestrian motor vehicle accident, it may be necessary to file a civil lawsuit against the at-fault party, such as the vehicle’s owner, lessee, or operator. Consulting personal injury lawyers can ensure correct procedures are followed and maximize the potential for a favorable judgment.
In Canada, a part of the compensation is often awarded through accident benefits, irrespective of who is at fault. To receive these benefits, filing a claim with the appropriate insurance company within a specified time frame is essential (Section B benefits).
A trial judge may scrutinize all compiled evidence, including witness statements, photographs, and medical records, to determine the final verdict.
By following these steps, accident victims can ensure they gather the necessary information and take appropriate actions to secure compensation for injuries and damages incurred in pedestrian motor vehicle accidents.
Types of Injuries Sustained
Pedestrian motor vehicle accidents can result in various types of injuries, ranging from minor to severe. Some common injuries sustained by victims include sprains, fractures, concussions, and traumatic asphyxia. In more severe cases, pedestrians may suffer life-altering or even fatal injuries. Factors such as dark clothing or poor visibility can contribute to the likelihood of such accidents and the injuries’ severity.
It is essential for pedestrians to take proper precautions, such as wearing reflective clothing and being cautious when crossing the road, to minimize the risk of serious injuries. In addition to these preventive measures, pedestrians should be aware of their rights to compensation through the statutory accident benefits system.
Statutory Accident Benefits
In NB, individuals injured in a pedestrian-motor vehicle accident, regardless of fault, are entitled to Statutory Accident Benefits provided by the driver’s insurance company. These benefits include medical and rehabilitation provisions, which aim to cover the costs of necessary treatments and therapies, as well as income replacement benefits for those unable to work due to their injuries.
The benefits available to an injured pedestrian will vary depending on the severity of the injuries and the specific situation. For instance, catastrophic injuries may result in higher compensation limits, while less severe cases will have lower limits. Some of the benefits that may be available to pedestrians involved in motor vehicle accidents include:
It is important for injured pedestrians to consult with a personal injury lawyer familiar with the statutory accident benefits system to ensure they receive the appropriate compensation and support they are entitled to during their recovery process.
Hit and Run Cases
In hit and run cases, pedestrians often face unique challenges. Collecting evidence and identifying the at-fault driver becomes crucial. It is important for the injured pedestrian or a witness to report the accident to the police immediately, providing as much information as possible about the vehicle, driver, and the events leading up to the accident. Timely reporting can help personal injury lawyers build solid claims for the victim. If there are any witnesses, their contact information should also be collected, as they can provide valuable insight into the accident.
Driving under the Influence
Accidents involving drivers under the influence of alcohol or drugs are especially concerning. Such drivers pose a greater risk to pedestrians who may be crossing the road, even at designated crosswalks. Pedestrians are responsible for avoiding jaywalking and following traffic rules, but in accidents where the driver is impaired, the blame often lies squarely with the driver. Personal injury lawyers can use evidence of the driver’s intoxication, such as police reports and blood alcohol content, to strengthen the victim’s claim.
Helping the Pedestrian after an Accident
After a pedestrian motor vehicle accident, it is vital that everyone at the scene takes appropriate steps to help the injured pedestrian and collect evidence. Some key actions include:
Following these steps can greatly assist personal injury lawyers in building a strong case for compensation on behalf of the pedestrian victim.
How long to investigate a claim?
The investigation process for a pedestrian motor vehicle accident claim in Canada may vary depending on the complexity of the case. Insurance adjusters and legal professionals typically take a few weeks to several months to gather evidence, interview witnesses, and review medical records.
Hit by a car, what to do?
If you are hit by a car, your immediate priority should be to seek appropriate medical attention. After that, it is essential to report the accident to the police and your insurance company. You should also gather evidence, such as photos of the scene and contact information of any witnesses. It is advisable to consult with a personal injury lawyer to understand your rights and potential compensation.
Insurance claim time limits?
In Canada, the time limits to file an insurance claim after a pedestrian motor vehicle accident may vary by province. Generally, you have a period of 30 days to notify your insurance company of the accident. For filing a lawsuit against the at-fault driver, the limitation period is typically two years from the date of the accident.
Average car accident settlement?
The average car accident settlement in Canada depends on several factors, such as the severity of the injuries, loss of income, out-of-pocket expenses, and the degree of liability. Settlement amounts can range from a few thousand to hundreds of thousands of dollars. Each case is unique, and it is best to discuss your specific situation with a personal injury lawyer to get an accurate estimate.
Insurance payout timeline?
The insurance payout timeline for a pedestrian motor vehicle accident in Canada varies depending on the case’s complexity and the involved parties’ efficiency. Settlements can be reached in as little as a few months or can take years to resolve. It mainly depends on the negotiation process between your lawyer and the insurance company and possibly a trial if a settlement cannot be reached.
Accident benefits settlement process?
The accident benefits settlement process in Canada involves submitting a claim to your insurance company and providing them with relevant documentation, such as medical records and proof of income loss. The insurance company will then assess the validity of the claim and may negotiate a settlement or offer accident benefits according to the coverage in your policy. If there is a disagreement, the dispute may be resolved through mediation, arbitration, or litigation.
Have you or a loved one been involved in a pedestrian motor vehicle accident? Don’t navigate this legal maze alone; it’s time to enlist the guidance of a skilled legal team.
At Haller Law in Moncton, NB, we specialize in pedestrian motor vehicle accident cases. With our vast experience, we know the ins and outs of the legal process and work diligently to protect your rights and secure the compensation you deserve.
Jack Haller can be reached at 506-204-1203 or at jack@hallerlaw.ca.
About Jack Haller
