Pedestrian Accident

Pedestrian Accidents: What You Need to Know

Pedestrians are entitled to ICBC accident benefits. Even though they were not riding in a vehicle, most pedestrians injured in an accident in British Columbia are entitled to treatment benefits through ICBC. Theses “Part 7” benefits include:

• The cost of medication, medical treatment and rehabilitation (including transportation costs for appointments), up to maximum of $300,000;
• Wage loss benefits (to the extent that they exceed coverage under Employment Insurance), up to a maximum of $740/week for a maximum of 104 weeks and only to claimants who were totally disabled from employment within 20 days of the accident;
• Homemaker benefits for the help needed due to homemaker being injured (strict timelines apply).

Spraggs Law has assisted thousands of accident victims in obtaining these types of benefits from ICBC.

A pedestrian is typically impacted twice in an accident— first by the car and then once they contact 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.

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.