Experienced Pedestrian Accident Lawyer in Calgary
At Stephens Holman Devraj, we understand how traumatic being injured due to someone else's negligence can be. An injury sustained in a pedestrian accident can not only harm you physically but can cause extensive psychological damage. We believe that 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 it shouldn't be done without 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 controls who is responsible for pedestrian injury accidents. This act places the onus of the responsibility on the driver, who will then have to prove that there is no reasonable step they could take in the situation to prevent the accident. However, a pedestrian is not always entitled to win the claim against the driver. The Court looks at the specific circumstances surrounding the accident, such as whether the pedestrian was taking reasonable measures to protect their safety.
Scenarios where the driver successfully proves that there were other individuals responsible for causing the accident are known as contributory negligence. Even pedestrians can be seen as engaging in contributory negligence, reducing the amount of money they will be entitled to.
In hit-and-run cases or scenarios where the driver is not insured, pedestrians might be able to receive financial support through Alberta's Motor Vehicle Accident Claims Fund.
The law surrounding pedestrian accidents is not black and white because the Court assesses the details surrounding the accident to calculate the liability. For this reason, the best course of action is 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:
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.
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.
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.
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.
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.
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. The Court will consider your injuries and how they've affected your life and your capacity to earn a livelihood when determining your compensation. In these scenarios, there are two things to consider:
Can I claim compensation for a pedestrian accident?
The law allows you to make a 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:
General damages: This money is meant to compensate for unquantifiable consequences such as your pain and suffering.
Loss of housekeeping capacity: You might be entitled to compensation if your injuries prevent you from carrying out routine housekeeping tasks such as shoveling.
Special damages: This money is for quantifiable consequences such as medications.
Future cost of care: This money is for scenarios where an individual might require ongoing future medical care such as physiotherapy.
Future loss of income: You might be entitled to compensation if the accident affected your ability to earn your current income.
How is my injury compensation determined?
The Court takes a detailed view of the facts surrounding the case to determine the compensation. In some scenarios, a pedestrian might be seen as partly liable, reducing the amount assigned to them.
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
Often insurance companies contact the injured pedestrians to encourage them to make hasty decisions and accept their stated settlements. Often, the injured pedestrians settle without realizing the full extent of the fiscal consequences of their injuries. Agreeing to the amount stated 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 not to carry out any discussions with insurance companies without 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 and can work with you to develop a flexible payment schedule at your convenience. Please contact our team for more information about our pedestrian accident lawyers in Calgary.
What Is a Pedestrian Accident?
A pedestrian accident is when a vehicle hits a person on the road who is not in a car. Pedestrians, by this definition, can include individuals on the street who were cycling, jogging, walking, standing, sitting and more. Pedestrian accidents can occur on public and private roads, walkaways, intersections, parking lots, 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 fulfil the 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:
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 first to get immediate medical attention and then call our pedestrian accident lawyers in Calgary. Generally, pedestrians must file the claim within two years of the accident occurring.
Hit & Runs
As we've mentioned above, the insurance company of the driver is responsible for the payout. 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 not possible, or if the driver is not insured, you might be able to receive financial support 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.