Cities all across Canada have taken precautions in order to protect their pedestrians. This includes designated footpaths, additional lighting at crosswalks, and flashing crossing signal. Despite this, fatalities and injuries among pedestrians have only increased.The initial concern in a pedestrian accident involving a motor vehicle, is of course the health and safety of the injured. However, there is also the matter of determining fault.
How To Determine Fault In A Pedestrian – Motor Vehicle Collision
While it is obvious that the pedestrian has pulled the short end of the straw in terms of risk of injury, that will not automatically put the blame upon the operator of the motor vehicle. Statistics actually show that the courts are often left to split the blame by percentages.
It should also be noted that pedestrians are oftentimes protected by the Alberta’s Traffic Safety Act.The law determines that the operator of the motor vehicle will be held liable unless proven innocent, and not the other way around as many presume.This is in contrast to the pedestrian who must merely prove their involvement accident and the negative impact it had on their life. The latter is mostly proven through medical records which detail their sustained injuries.
How To Prove A Pedestrian is Partially Liable
As the operator of the motor vehicle in such an accident, you may be able to reduce the pedestrian’s awarded damages if you can prove the pedestrian guilty of jaywalking, being intoxicated (under the influence of alcohol or drugs), paying no attention to their surroundings, or failure to look both ways prior to crossing the street.
While providing definite proof of this will likely not fully rid you of liability, it does oftentimes lead to a cut in the pedestrian’s awarded damages. Depending on the percentage the pedestrian is found to have contributed to the accident, their awarded damages will be cut by the same amount. This means that, if they are found to be forty percent at fault, their awarded damages will be cut by forty percent also.
How A Personal Injury Lawyer Can Help You
If you are the pedestrian in this scenario, a personal injury lawyer in Lloydminster, and Okotoks will be capable of giving you advice, examining the facts, and helping you build a solid case. That is, if it would even make sense for you to go ahead and seek the recovery of damages from the driver. You need to talk with the lawyer about the case and they will judge the merits of the claim before they will agree to represent it. Thus, it is essential that you have all the details and evidences.