Vancouver Pedestrian Accident Lawyers

Vancouver owns a reputation for being one of the “walkable” cities in Canada. However, pedestrian accidents still occur – and cause devastating harm. As a City of Vancouver safety study reports, pedestrian collisions account for only 1 percent of all traffic accidents in the city but result in 45 percent of traffic deaths.

At Klein Lawyers, we know that careless and reckless drivers cause most of these accidents. In many cases, drivers fail to recognize or respect that pedestrians have the right of way – especially when they encounter walkers at intersections. We work hard to hold those negligent drivers accountable and to seek the compensation that injured pedestrians and their families deserve.

If a car driver hit you while you were walking, or if you have lost a loved one in a car-pedestrian accident, contact Klein Lawyers. We have more than 20 years of experience with helping victims in Vancouver and throughout British Columbia. Come to us if you need to discuss your ICBC claim today.

When Do Pedestrians Have the Right of Way in Vancouver?

A key issue in your ICBC claim maybe whether you or the motor vehicle driver had the right of way when the collision occurred. As you move forward, you should understand your rights as a pedestrian in British Columbia.

Under the Motor Vehicle Act, RSBC 1996, c. 318, a pedestrian has the right way of when the pedestrian uses a crosswalk and:

  • Is on the same half of the road as an approaching vehicle, or
  • Is on the other half of the road where a vehicle is approaching closely enough so as to put the pedestrian in danger.

If a pedestrian fails to use a crosswalk, or “jaywalks,” the pedestrian does not have the right of way. However, this does not necessarily mean there will be no liability attributed to the motorist.  Also, even if a pedestrian uses a crosswalk, the pedestrian should not step into the path of an oncoming vehicle that could not reasonably be expected to stop on time. Every case must be investigated carefully to determine who might be at fault, or if fault should be shared.

It is also important to understand that there are two types of crosswalks; marked and unmarked.  The Motor Vehicle Act, RSBC 1996, c. 318 tells us that:

  • A marked crosswalk is one where the actual crosswalk is distinctly indicated for pedestrian crossing by signs or by lines or other markings on the surface, and
  • An unmarked crosswalk has no lines or markings but would be defined at an intersection by the connection of the lateral lines of the sidewalks on the opposite sides of the roadway.

Claims arising from accidents occurring in unmarked crosswalks can often be confusing and require the assistance of a lawyer experienced in this type of work.pedestrian accident in a crosswalk

At all times, drivers must exercise “due care” to avoid hitting pedestrians. If necessary, they should honk their horn if they see an approaching walker. Also, drivers must follow “proper precaution” when they see a child or an “apparently confused or incapacitated person” in the road.

When Klein Lawyers reviews the facts of your case, we will determine whether you or the driver had the right of way. If you had the right of way, you may be entitled to compensation that goes beyond “no-fault” benefits. You may have a right to file an ICBC claim against the at-fault driver.

Why Did Your Pedestrian Accident Happen?

In addition to addressing the right of way issue in your case, Klein Lawyers will also want to determine why the collision occurred and how it has impacted your life. We will gather and review evidence such as accident scene photos, eyewitness statements and medical records. We may also consult with accident reconstruction experts and medical experts.

The most common types of pedestrian accidents that our law firm handles involve drivers that:

  • Turn into the path of pedestrians who are using a crosswalk at an intersection
  • Go through intersections controlled by a stop sign or traffic light and hit pedestrians as they are walking in a crosswalk
  • Hit pedestrians while pulling the vehicle out of a side street or parking lot
  • Fail to leave enough room for pedestrians that are walking on side of the road.

In many cases, the underlying cause of the car-pedestrian collision is the driver’s failure to keep a proper lookout. Speeding, distracted driving (such as talking or texting on a cell phone) and driving while impaired by alcohol or drugs also frequently cause these accidents.

Types of ICBC Claims for a Pedestrian Accident

If a motor vehicle strikes them, pedestrians stand little chance of avoiding serious and potentially fatal injuries. Common pedestrian accident injuries in Vancouver include:

  • Traumatic brain injury
  • Back and spine injuries
  • Multiple fractures
  • Facial injuries that result in scarring and disfigurement.

At Klein Lawyers, we know how these injuries can require expensive medical treatment and prevent a person from being able to work and enjoy life. If you were hit by a car while walking, we will explore all forms of compensation that are available for the life-changing harm you may have suffered.

For instance, we will review your case to determine whether you are eligible to file an ICBC “no-fault” benefits claim. If eligible, you can receive these benefits even if you were partially at fault for the collision. They can cover all reasonable expenses that arise from the accident. Those expenses could include:

  • Emergency treatment
  • Surgery
  • Hospitalization
  • Prosthetics
  • Assistive devices
  • Medication
  • Chiropractor care
  • Ongoing physical therapy.

If the pedestrian accident left you disabled, you may also be eligible to receive up to $300 per week in wage loss benefits and $145 per week in homemaker benefits, which reflect your inability to do work around your home.

If a driver’s negligence caused the collision, we will work aggressively to pursue compensation for you through an ICBC third-party liability claim. In addition to recovering compensation for past and future medical expenses and lost income, you could recover compensation for your pain and suffering and for all other reasonable out-of-pocket expenses you have incurred which your “no-fault” benefits claim fails to cover.

Unfortunately, many pedestrian accidents in Vancouver and throughout British Columbia involve “hit-and-run” drivers, or drivers who fail to stop. We can help you to seek coverage through an ICBC hit-and-run claim if this occurred to you. Klein Lawyers can also seek compensation for you through an uninsured or underinsured motorist claim.

Although we know that no amount of money can compensate for the loss of a loved one, our firm can help you to pursue all benefits you are due if your family member died in a pedestrian accident, including funeral and burial expenses.

We resolve most pedestrian accident cases through ICBC settlements, including settlements on behalf of minors that must be approved by the Public Guardian and Trustee. However, if ICBC challenges the driver’s liability or the amount of compensation that you seeking in your claim, our skilled and experienced trial lawyers will ready to present a strong case on your behalf in the Supreme Court of British Columbia.

Get Help Today from Our Vancouver Pedestrian Accident Lawyers

With a team of more than 50 staff members, Klein Lawyers has the resources it takes to pursue full and fair compensation for pedestrian accident victims in Vancouver and throughout British Columbia. Put our legal team on your case today. We will be tireless in our efforts to secure the maximum amount for your injuries or losses.

As always, we guarantee that you will pay no fee unless we secure an ICBC settlement or court award for you. Contact us today to learn more in a free consultation.