Pedestrian accidents can involve serious physical and emotional trauma. In most cases, fault can be established against the driver of a vehicle if you are hit while crossing the street in accordance with traffic signals (e.g., you had the “Walk” signal) and you are within the boundaries of a crosswalk. If you cross on a red or yellow light, outside the crosswalk or get hit while jay walking, you may have a much harder time establishing driver liability. As a pedestrian, you have some responsibility to take due care that you are visible to drivers, particularly if you are walking in traffic after dark or during poor weather conditions. If liability is disputed then a thorough, well-documented investigation of the accident scene may be necessary. Even if you are partly at fault, you may still be entitled to compensation.
Pedestrian ICBC Claims
ICBC coverage extends to pedestrians who collide with a motor vehicle. If you are a pedestrian injured by a vehicle in BC, even if you are partly to blame, you are entitled to Accident Benefits (Part 7 Benefits) to cover medical and rehabilitation costs up to a maximum of $150,000. Covered expenses include the cost of treatment by massage therapists, chiropractors, physiotherapists, medical equipment required to aid in your recovery (e.g., braces, crutches, wheelchairs) and home care assistance. If your injuries prevent you from going to work you may also be entitled to wage loss benefits for time you had to take off work to recover. Similarly, if you are a homemaker you may be entitled to compensation (up to a limit) for hiring home care to do the house work you would normally do.
If you are a pedestrian injured in a motor vehicle accident, you may also be entitled to pursue a claim for personal injury damages (a tort claim).
Pedestrian Hit and Run
Situations do occur where a pedestrian is struck and the driver of the at-fault vehicle leaves the scene. To prevent victims of hit and runs from being denied compensation for their injuries, s. 24(1) of the Insurance (Motor Vehicle) Act allows hit and run victims to collect damages from ICBC in cases where the name of the driver of the vehicle causing the injuries is unknown and cannot be determined with reasonable effort.
There are important steps you need to take to receive the benefit of this protection. You must report the hit and run immediately to the police (within 48 hours of the accident) and ICBC. You should also get the police file number assigned to your report and you must also provide written notification of a hit and run claim to ICBC within six months of the accident.
Pedestrian Accident Injuries
Injuries suffered by pedestrians in motor vehicle accidents can be severe. Lacking seat belts, airbags, or the protective structure of an enclosed vehicle, pedestrians are particularly vulnerable to potentially serious injuries, including:
- head or brain injuries
- fractures, broken bones or joint injuries
- soft tissue or whiplash injuries
- dental injuries
- spinal cord injuries
- paraplegia, quadriplegia, or
- death
Contact a Lawyer
If you have been injured as a pedestrian in an accident, we strongly recommend that you consult with a lawyer before speaking to an ICBC adjuster. Even if you have already reported the accident and started dealing with ICBC, a lawyer can still be of assistance.
Founded in 1979, Bronson Jones & Company LLP has over 30 years of experience dealing with ICBC and other insurers. This includes extensive experience representing pedestrians who have been injured in motor vehicle accidents by motor vehicles. We have earned the status of being one of British Columbia’s largest personal injury law firms that exclusively represents victims who have been injured in motor vehicle accidents (based on the number of injured people that we represent). Representing vehicle accident victims is all we do. If you have been injured in an accident, we would be pleased to talk with you about your case at one of our 10 convenient lower mainland locations. Your initial consultation is free.
Bronson Jones LLP is a plaintiffs-only law firm. We have earned the status of being one of British Columbia’s largest personal injury law firms that exclusively represents victims who have been injured in motor vehicle accidents (based on the number of injured people that we represent).
If you’ve been injured in an auto accident, visit our website for more information:
www.bronsonco.com