Personal Injury Lawyers Representing Pedestrians in British Columbia
Provincial law protects pedestrians and foot commuters in the event they are injured or killed in a car accident. The system however is designed to favour owners of motor vehicles that pay automobile insurance.
We know about pedestrian accidents. Lawyer Mr. Renn A. Holness has represented catastrophically injured pedestrians and families in wrongful deaths claims, brain injury, spinal and significant orthopaedic injuries. We have experience assessing compensation for children after the death of a parent and obtaining court approval for settlements, where necessary.
Getting Legal Help from a Pedestrian Accident Lawyer
Injured Pedestrians are aware of the challenges in making a personal injury claim. ICBC and other insurance companies will raise defences against pedestrians which typically include:
- Visibility- blame for not wearing bright clothing even if in a crosswalk;
- Distraction and inattention- Suggesting that the use of a hand held device contributed to your injuries;
- Substance impairment- Use of drugs or alcohol and impaired judgement;
- Childhood behaviour- Failure of the parents or guardian to supervise or train on use of crosswalks and sidewalks;
- Pedestrians on wheels- Improper use of skateboards, inline skates, and push scooters;
- Claimants with special needs- Inadequate use of special equipment to walk and commute;
- Age and Prior Injury- Blaming the accident on the claimants old age or prior medical conditions; and
- Enforcement of traffic laws – Failure of police to attend at the scene letting drivers escape punishment. The pedestrian is then left with little proof that the driver was at fault.
Our experienced Pedestrian Accident Lawyers will make your best interest a priority and assist in getting you fair compensation and will always provide you with realistic, practical legal advice. We are on your side and look into the behaviour of the driver, owner and custodian of the roadway including:
- Vehicle speed- Speeding, racing, and rushing are important contributing factors;
- Distracted drivers- Use of a cell phone, hand held device, eating, smoking or even listening to music can lead to serious injury;
- Failure to yield the right of way- Drivers that bully pedestrians and ignore the rules of the road;
- Driver training and education- The lack of training and experience can lead to poor judgment;
- Crosswalk design- A city or Municipality may have to be named in a lawsuit;
- Signs and signals- Failure to obey important signage;
- Pavement markings- Can be critical in determining the duty the driver owed to a pedestrian;
- Speed reduction and traffic calming- Failure to respect School zones, bike lanes, and residential areas.
The Facts About Pedestrian Injury in British Columbia
Not surprisingly more people die and are seriously injured in pedestrian accidents compared to the occupants of vehicles. People that are walking have little chance to escape serious injury when hit by a car. Our Pedestrian Accident Injury Lawyers cut straight to the facts, and here are a few:
- The majority of pedestrian deaths in the MetroVancouver region occurred in intersections and crosswalks, while pedestrian deaths in other regions were more likely to occur outside of intersections and crosswalks.
- It is more dangerous to walk than drive in BC and there is an average of 1,884 pedestrian injuries per year; and
- Alcohol and drugs were contributing factors in 32.7% of pedestrian deaths.
We always advocate for the best interest of the injured when it comes to Pedestrian ICBC or other insurance company claims so call us for a free consultation.