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Most changes to ICBC compensation do not take effect until April 2019.  To find out if your rights are impacted, call us at 604.464.3333.

Trust Our Lawyers to get you the Compensation you Deserve After a Pedestrian Accident in BC

The rules of the road were created to ensure a safe experience not only for drivers, but also for pedestrians. And we are all pedestrians. Unfortunately pedestrian accidents do occur and the consequences can be severe. Often, an individual is struck because a driver fails to see them, or because the driver is distracted or impaired.

A pedestrian is typically impacted twice in an accident— first by the car and then once they make contact with the ground. Fatal injuries can result during this type of accident depending on the speed of the vehicle and the force of impact. Often, it is the impact of the head against the hood or windshield of the vehicle that can cause a traumatic brain injury, broken bones, or death.

What Causes Pedestrian Accidents?

There are many different situations where a pedestrian may be struck by a vehicle. When a driver is responsible, the most common causes of these accidents are:

  • Failure to observe posted speed limits
  • Failure to obey traffic signs or signals (e.g., not making a complete stop at a red light or stop sign)
  • Distracted driving
  • Failing to see the pedestrian (as the pedestrian is small in comparison to a motorized vehicle and may not be wearing bright coloured clothing)
  • Driving while under the influence of drugs or alcohol
  • Failure to adjust driving to weather and traffic conditions; and
  • Failure to yield the right of way to pedestrians at marked crosswalks.

Sometimes pedestrians may be partially at fault for the accident by:

  • Failing to obey traffic signs or signals (e.g., jaywalking, entering traffic or darting in front of a vehicle, failing to cross only when the crosswalk signal indicates to do so, walking outside the boundaries, standing off the sidewalk on the roadside)
  • Being distracted (e.g., listening to music using ear phones, talking or texting on a cell phone); and
  • Not being visible to other road users (such as wearing dark clothing in the evening).

Where a pedestrian is found to have contributed to the accident, a personal injury settlement may still be awarded. The compensation awarded will be reduced proportionately for any fault of the pedestrian. Where a pedestrian is partially at fault, an experienced personal injury lawyer can work to ensure the pedestrian’s compensation is not reduced unfairly.

Compensation for a Pedestrian Accident Caused by Negligence

If you reside in British Columbia and have been injured from a motor vehicle accident, you are most likely eligible to claim ICBC Accident Benefits (Part 7 Benefits). You are entitled to have your income loss and medical and rehabilitation costs covered up to a maximum of $150,000, regardless of who is at fault for the accident.

You may also obtain compensation from a personal injury lawsuit for your injuries caused by the driver’s negligence, even if you had some liability for the accident. This compensation can include payment for out-of-pocket expenses, compensation for lost wages and future earnings, compensation for lost opportunities and the cost of future care, and payment for pain and suffering.

Speak to a Personal Injury Lawyer Serving Coquitlam, Richmond & Surrounding Areas

We understand how difficult it can be to manage ICBC and advocate for compensation on your own, especially when you are focused on recovery.

Contact us at Spraggs & Co. today to speak to a personal injury lawyer serving Richmond, Coquitlam, Langley, Surrey , Vancouver, and surrounding areas. Let us advocate on your behalf and help you begin on the road to recovery.

Call us at 605.464.3333 or toll-free at 1.866.939.3339.

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