Pedestrian accidents potentially involve serious physical and emotional trauma. For the most part, fault can be established against the driver of a vehicle—if you are struck by a vehicle while crossing in accordance with traffic signals (e.g., you had the “Walk” signal) and you are within the boundaries of a crosswalk. However, if you cross on a red or yellow light, step outside the crosswalk, or get hit while jay-walking, you may have a much harder time establishing driver liability.
Know Your Rights as a Pedestrian
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 can include the cost of treatment by massage therapists, chiropractors, physiotherapists, medical equipment required to aid 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 housework you would normally do.
You are also entitled to pursue a claim for personal injury damages. The team at TAYLOR GRANITTO can help.