When it comes to car accidents involving pedestrians, many assume that the driver is always at fault. However, in Alberta, fault is not always so clear-cut. Pedestrians can also be held liable if their actions contributed to the accident. Understanding how pedestrian fault works in car accidents can help both drivers and pedestrians protect their rights and navigate the legal system.
Pedestrian Fault and Alberta Law
Under Alberta law, pedestrians are expected to follow the rules of the road just like drivers. The Traffic Safety Act outlines the responsibilities of both parties to ensure road safety. While drivers are required to exercise caution, pedestrians must also act in a manner that doesn’t endanger themselves or others.
Pedestrians can be found at fault for accidents if they:
- Jaywalk: Crossing the street outside of designated crosswalks or against traffic signals
- Cross without looking: Walking into traffic without checking for oncoming vehicles
- Ignore traffic signals: Crossing when the “Do Not Walk” signal is displayed
- Walk along highways or restricted areas: Pedestrians are prohibited from walking along certain roadways, like highways, which can lead to accidents
In situations where the pedestrian’s actions contributed to the accident, they may be held partially or fully responsible, which can affect their ability to claim compensation.
Proportionate Liability in Alberta
Alberta follows the principle of proportionate liability in personal injury cases. This means that fault can be shared between the parties involved in an accident. For example, if a pedestrian is found to be 50% at fault for crossing the street against a signal, their potential compensation could be reduced by 50%.
In cases where both the driver and pedestrian share fault, the court will assess the percentage of responseibility each party bears.
Statistics on Pedestrian Accidents in Alberta
Pedestrian accidents are a serious issue in Alberta, particularly in urban areas like Calgary and Edmonton. According to the Alberta Transportation Office, approximately 40-60 pedestrians are killed each year in traffic collisions, with hundreds more suffering serious injuries. Many of these accidents occur at intersections, and a significant portion involves jaywalking or crossing against traffic signals.
Case Example: Pedestrian Liability
In a Calgary case from 2017, a pedestrian was struck by a vehicle after jaywalking across a busy street. The court found the pedestrian 75% at fault because they had crossed against traffic and failed to yield to oncoming cars. As a result, the pedestrian’s compensation for injuries was significantly reduced, and the driver’s liability was limited.
This case highlights the importance of understanding pedestrian fault and how it can impact legal claims after an accident.
Steps to Take After a Pedestrian-Car Accident
Whether you are a pedestrian or a driver, knowing what to do after an accident can make a big difference in your ability to pursue a legal claim.
- Seek Medical Attention: Always seek immediate medical help, even if injuries seem minor. Many injuries, such as whiplash or soft tissue damage, may not become apparent until days later.
- Report the Accident: In Alberta, accidents that result in injury must be reported to the police. A police report can serve as valuable evidence in determining fault and pursuing compensation.
- Document the Scene: Take photos, gather witness statements, and record details about the accident scene, such as the location, time, and weather conditions. These details can be crucial in establishing fault.
- Consult a Personal Injury Lawyer: If you’re involved in a pedestrian accident, whether as a driver or a pedestrian, it’s important to consult a personal injury lawyer in Calgary or Edmonton. They can help you understand your legal rights and guide you through the process of filing a claim.
How a Personal Injury Lawyer Can Help
In pedestrian-car accidents, determining fault can be complicated. A personal injury lawyer will investigate the circumstances of the accident, review the evidence, and work with experts if necessary. They will also negotiate with insurance companies, which may try to minimize compensation if there is shared fault.
If you are a pedestrian and believe you were wrongfully blamed for an accident, a lawyer can build a case to challenge the determination of fault. Alternatively, if you were a driver involved in an accident with a pedestrian, a lawyer can help ensure that your liability is properly assessed and that you aren’t unfairly held responsible.
Conclusion
Pedestrian accidents in Alberta are not always the driver’s fault. Pedestrians have a duty to follow traffic laws, and when they fail to do so, they may be held partially or fully responsible for any resulting accidents. By understanding Alberta law, and the role of proportionate liability, you can better navigate the aftermath of a pedestrian accident.
If you or someone you know has been involved in a pedestrian-car accident, contacting a personal injury lawyer in Calgary or Edmonton can help ensure your rights are protected. They will guide you through the legal process and help you secure the compensation you deserve, regardless of whether you were the driver or the pedestrian involved.