Experienced Pedestrian Accident Lawyer in Calgary
At Stephens Holman Devraj, we understand how traumatic injury can be due to someone else's negligence. An injury sustained in a pedestrian accident can not only harm you physically but can cause extensive psychological damage. With over 30 years of experience handling pedestrian accident cases in Calgary, we believe those injured by an inattentive driver deserve due compensation. Our team of experienced pedestrian accident lawyers in Calgary has assisted many clients in filing claims and receiving fair compensation.
Filing a claim can be confusing and should only be done with adequate support. We provide dependable legal assistance to our clients and help defend their rights against insurance companies. If you're looking for a pedestrian accident lawyer in Calgary, we invite you to schedule an appointment with us as soon as possible.
Who Is Responsible for a Pedestrian Injury Accident?
In the Province, the Traffic Safety Act outlines the legal responsibilities related to pedestrian injury accidents. This Act places the primary responsibility on the driver, who must prove that they took all reasonable measures to prevent the accident from occurring. This includes demonstrating that the driver could not have reasonably avoided the collision despite exercising caution.
However, the responsibility does not rest solely with the driver. Pedestrians must also be mindful of their own safety. The Court evaluates the circumstances of each accident to determine whether the pedestrian was taking reasonable steps to protect themselves. This involves assessing factors such as whether the pedestrian was crossing at a designated crosswalk, obeying traffic signals, or acting in a manner consistent with safe behavior.
In certain situations, a driver may successfully argue that other factors or individuals contributed to the accident. This is known as contributory negligence. For example, if a pedestrian was jaywalking, distracted by a mobile device, or otherwise not adhering to traffic rules, they may be considered partially at fault. Contributory negligence can affect the outcome of the claim, potentially reducing the compensation a pedestrian is entitled to.
Moreover, contributory negligence is not limited to pedestrians. It can also apply to other parties, such as cyclists or road users. When multiple parties share responsibility, the Court allocates fault based on the degree of negligence of each party. This means that if a pedestrian is found to have been partially negligent, their compensation may be reduced proportionally.
Understanding the nuances of contributory negligence and the responsibilities of both drivers and pedestrians is crucial for navigating legal claims related to pedestrian accidents. It underscores the importance of adhering to traffic laws and exercising caution to ensure road safety.
In hit-and-run cases or scenarios where the driver is not insured, pedestrians might be able to receive compensation through Alberta's Motor Vehicle Accident Claims Fund.
The law regarding pedestrian accidents is complex, and the Court assesses each case's details to determine liability. For this reason, it is crucial to contact an experienced pedestrian accident lawyer. We invite you to learn more about our process.
What to Do Following an Accident?
There is no denying that being involved in a pedestrian injury accident is nerve-wracking. We recommend taking the following steps:
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Getting medical help: If you or someone with you was in an accident, seek immediate medical attention. It might seem like you're okay, but injuries such as concussions can creep up on you.
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Getting information and calling the police: Take the driver's contact and insurance information whether you intend to submit a claim or not. Moreover, having the details of the accident on the police record will help you make your claim, should you decide to do so in the future.
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Taking photographs: If you can, take as many photos of the scene as possible. Pictures of the vehicle, the license plate, your injuries, and the vehicle's condition will be instrumental in your claim.
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Getting witness information: If you can, please take down the contact details of the witnesses and ask them if they can stay with you until help arrives.
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Contacting a lawyer: Finally, we recommend calling our pedestrian accident lawyers as soon as possible. The earlier you seek our help, the better your chances of receiving the compensation you deserve.
If you were in a pedestrian accident, don't hesitate to contact our Calgary pedestrian accident lawyers immediately. We can also help with slip-and-fall claims.
Am I Compensated for a Pedestrian Accident?
As we've mentioned before, the law in the province looks at every case in a personalized manner. When determining your compensation, the Court will consider your injuries, how they've affected your life, and your capacity to earn a livelihood. In these scenarios, there are two things to consider:
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Can I claim compensation for a pedestrian accident?
The law allows you to claim if you were in an accident and suffered injuries due to someone else's negligence. While the money might not compensate for the trauma caused, it can account for factors such as loss of earning capacity. There might be several different types of compensation or 'damages' you might be entitled to, depending on the situation, such as:
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General damages: This money compensates for unquantifiable consequences such as pain and suffering.
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Loss of housekeeping capacity: You might be entitled to compensation if your injuries prevent you from doing routine tasks such as housekeeping, shoveling, etc.
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Special damages: This money is for quantifiable consequences such as medications.
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Future cost of care: This money is for scenarios where an individual might require ongoing future medical care such as physiotherapy.
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Future loss of income: You might be entitled to compensation if the accident affected your ability to earn your current income.
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How is my injury compensation determined?
The Court reviews the facts surrounding the case in detail to determine the compensation. A pedestrian might be considered partly liable in some scenarios, reducing their compensation amount.
We're always forthcoming with information, and our pedestrian accident lawyers in Calgary will provide you with the help you need. We invite you to view our blog to stay updated with the latest.
A Pedestrian Accident Lawyer Can Help You
Insurance companies often contact injured pedestrians to encourage them to make hasty decisions and accept low settlements. Usually, the injured pedestrians settle without realizing the full extent of the fiscal consequences of their injuries. Agreeing to the amount indicated by the insurance company without considering the amount they're entitled to with the help of a lawyer is irreversible. For this reason, we urge you only to carry out discussions with insurance companies with the aid of a pedestrian accident lawyer. We will make the legalities easier for you to understand and assist you every step of the way.
We offer free initial consultations. Please get in touch with our team for more information about our pedestrian accident lawyers in Calgary.
What Is a Pedestrian Accident?
A pedestrian accident occurs when a vehicle hits a person who is not in a car on the road. This definition can include individuals on the street who are cycling, jogging, walking, standing, sitting, and more. Pedestrian accidents can occur on public and private roads, walkways, intersections, parking lots, sidewalks, and other areas.
Many types of behaviours by the driver can result in a pedestrian accident and cause the latter to be entitled to compensation, such as:
When to File a Claim?
In pedestrian accident cases, the driver's insurance company is supposed to provide accident benefits as well as financial compensation. Many insurance companies might try to contact the injured pedestrian, but we recommend speaking to them only with the assistance of a lawyer. You can consider filing a claim if:
You've been injured as a pedestrian by a driver who was engaging in reckless, negligent, and drunk driving.
You've been injured as a pedestrian on a dangerous road.
In many cases of pedestrian accidents, the facts of the matter might not be immediately apparent. The scenarios listed above are only some that could occur. If you've been hit on the road due to someone else's negligence, it is best to get immediate medical attention first and then call our pedestrian accident lawyers in Calgary. Generally, pedestrians must file the claim within two years of the accident.
Hit & Runs
As mentioned above, the driver's insurance company is responsible. However, in some cases, the driver may either not be insured or even flee the scene. We will try our hardest to find the driver to get the compensation you deserve. When that is impossible, or if the driver is not insured, you can receive compensation through Alberta's Motor Vehicle Accident Claims Fund.
If you or anyone you know has been hit by a vehicle as a pedestrian, we recommend contacting our pedestrian accident lawyers in Calgary as soon as possible. We will undertake legal action on your behalf and defend your rights.
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Frequently Asked Questions
Here are some frequently asked questions regarding pedestrian accident lawyers in Calgary.
What Is a Pedestrian Accident Lawyer?
A pedestrian accident lawyer represents individuals injured in motor vehicle accidents while walking. They provide legal assistance to help victims seek compensation for their injuries and related damages.
How Do I Choose the Right Pedestrian Accident Lawyer?
Look for a lawyer with extensive experience in pedestrian accident cases, preferably one familiar with Calgary's legal landscape. Consider their track record, client reviews, and commitment to your case's success. Contact Stephens Holman Devraj, a reputable firm known for its pedestrian accident lawyers in Calgary.
Can I File a Claim If I Was Partially at Fault for the Accident?
In Calgary, Alberta, the legal system follows a comparative negligence model. This means you can still pursue a claim even if you were partially at fault. However, your compensation may be reduced based on your level of responsibility.
Is There a Time Limit for Filing a Pedestrian Accident Claim in Calgary?
Yes, there is. In Calgary, you have to file a claim within two years from the accident date. Consulting a pedestrian accident lawyer promptly is crucial to ensure you meet all legal deadlines.
To learn more about pedestrian accident lawyers in Calgary, read our blog. Contact our team of expert lawyers, who are ready to guide you through the legal process and help you obtain the compensation you deserve.
