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Unfortunately, pedestrian accidents occur all too often in our society today. Given the vulnerability of a pedestrian, such accidents can lead to serious emotional and physical injury, including death.
If you are a pedestrian struck by another motorist, you may have an ICBC injury claim. If you are properly obeying traffic signals such as a walk signal, and you are within the boundaries of a cross walk, fault can usually be established against the at-fault person.
There may be some instances, however, where liability against the person who struck you may be more difficult to establish, for example, where you cross the street on a yellow or red light, where you cross the street on a flashing or solid hand sign, where you are outside the crosswalk, or while you are jaywalking.
Sections 179 and 180 of the Motor Vehicle Act detail the rights of way between a vehicle and a pedestrian. The main provisions stipulate that:
With the exception of when a pedestrian is crossing a highway while not in a crosswalk, in which case the pedestrian must yield the right of way to a vehicle, the driver of a vehicle must yield the right of way to a pedestrian where traffic control signals are not in place, or not in operation, when the pedestrian is crossing the highway in a crosswalk and the pedestrian is on the half of the highway on which the vehicle is traveling, or is approaching so closely from the other half of the highway that he or she is in danger.
A pedestrian must not leave a curb or other place of safety and walk or run into the path of a vehicle that is so close it is impracticable for the driver to yield the right of way
Just because a pedestrian does not properly yield the right of way to a vehicle does it mean that the pedestrian will be fully liable for the accident. Liability can also rest with the driver if it can be proven that the driver saw, or ought to have seen, the pedestrian, and did not exercise reasonable care under the circumstances of the particular case. Please click here for court cases on pedestrian accidents.
As a pedestrian who has been injured, even if you are partially to blame for the accident, you may be entitled to “no-fault” benefits through ICBC for disability payments, as well as medical and rehabilitation costs. You are, of course, also entitled to make an ICBC injury claim for personal injury damages such as pain and suffering, and economic loss.
There may be some situations where, if you are a struck as a pedestrian in the United States, you are not entitled to make a claim for accident benefits and/or personal injury damages. It is best to arrange for a free consultation with Veale Law to know what your legal rights are.