Pedestrian Accidents

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When the roadways of our country are shared by motor vehicles and people, an accident is to be expected. Sadly, however, these accidents almost always leave the pedestrian severely or fatally injured.

Pedestrian Accident Statistics

Transport Canada published a report in 2004 outlining <a rel="nofollow" onclick="javascript:pageTracker._trackPageview('/outgoing/article_exit_link');" href= >pedestrian accidents </a>and fatalities covering the period of 1992-2001. Surprisingly, pedestrian fatalities fell 24%, particularly among children under the age of nine. Still, one person is killed each day on average on Canadian roads.

At greatest risk are seniors over 65. Approximately 70% of all fatalities and 95% of all injuries occurred in urban locations. This may be due to the assumption that motor vehicle drivers travel faster on rural roads, so a rural collision with a pedestrian is more likely to be fatal.

In many cases, accidents occurred where no traffic signals where present. Some cases involved children running out into the street, people crossing against the normal flow of traffic, or crossing between intersections. In fact, intersections scored highest as the most likely location for a pedestrian accident. Later in the day, particularly during fall and early winter when dusk arrives early, was a prime time for pedestrian accidents. Of course, alcohol consumption plays a big part in pedestrian fatalities, Over 40% of these accidents involved alcohol use over the legal limit.

Avoiding An Accident

Pedestrians are advised to follow these guidelines to avoid an accident:

Wear bright clothing or reflective clothing
Be careful when crossing intersections, particularly those without traffic controls
Avoid crossing in areas where you do not have the right of way
Don’t run into the road or play on the road
Walk against traffic when there are no sidewalks

A pedestrian has an 85% chance of being killed by a vehicle traveling at 40 mph
A pedestrian has a 45% chance of being killed by a vehicle traveling at 30 mph
A pedestrian has a 5% chance of being killed by a vehicle traveling at 20 mph

Other contributing factors to pedestrian accidents and death include:

Poorly designed intersections
Improperly configured traffic controls
Multiple driver involvement

In some cases, a government entity may be held liable. In others, such as accidents occurring on someone else’s property, premises liability laws may come into play.

Even pedestrians themselves may be at fault for their accident.

What to Do in the Event of an Accident

Regardless of the cause, your first goal is to obtain proper medical treatment. File a police report. Get the personal information of any drivers and witnesses. Then contact an

A law firm experienced in personal injury will have the resources available to hire the right investigators and experts in accident reconstruction to ensure your rights are protected.

Here are some tips on what to do in the event of an accident:

Regardless of how your accident occurred- even if you were struck while crossing the street without the help of signals, you may still be able to collect insurance compensation. Your personal injury lawyer will go over the laws governing these types of accidents and inform you of your legal rights.
Never agree to a quick settlement of your claim via an ICBC claims adjuster until your injuries have resolved and you have consulted with a lawyer. Getting money right away is not the most important consideration. The potential for a future financial burden must be considered. Do not accept a settlement if you are unsure exactly what your entitlements might be. Signing an agreement could mean you’re waiving all rights.
If you or a loved one is struck by a vehicle while crossing the street, you may claim the following damages: 
- Damages for pain and suffering

The law firm you choose makes a difference. Settling pedestrian accidents, especially where complex injuries or death have occurred, can be a time consuming process requiring experts, research and the skill to deal with the ICBC. Don’t leave your future in the hands of any lawyer, or attempt to settle your claim alone.