Pedestrian accidents can cause some of the most severe physical injuries and serious emotional trauma. Pedestrians have very little protection if they are struck by a moving vehicle. Even collisions with slow-moving vehicles can result in extremely serious injuries or death. One of our accident lawyers at our 2 Vancouver locations, or at one of our other 11 British Columbia offices, can help you obtain a fair settlement for pain and suffering, special damages (out of pocket expenses), wage loss, the cost of future care expenses and the future loss of earning capacity.
Determining Driver Liability
When making an ICBC claim, ICBC determination of liability is key to your settlement. Generally, driver liability is determined most clearly if:
You are hit by the vehicle while obeying traffic laws (i.e. if you walked inside the crosswalk boundaries and only when the “walk” traffic signal appeared);
You are visible to vehicle drivers, especially when it is dark and in inclement weather (i.e. wearing reflective clothing is not required but its presence or absence can affect your case);
You are in an area where pedestrians are to be expected (i.e. school areas, near plazas, in residential areas);
Your distractions are kept to a minimum (i.e. avoid cell phone use, iPod, etc.); and
You have a thorough, well-documented account of the accident scene.
If you are a pedestrian injured by a vehicle in BC, you are entitled to Accident Benefits (Part 7 Benefits) to cover medical and rehabilitation costs up to a maximum of $150,000 even if you are partly to blame. Covered expenses can include those such as:
Wage loss benefits for the time you had to take off work to recover (referred to as total temporary disability benefits);
Compensation (up to a limit) for hiring personal care and home care assistance;
Medical equipment required to aid your recovery (e.g., braces, crutches, wheelchairs); and
Treatment by physiotherapists, massage therapists and chiropractors.
How We Can Help You
At Bronson Jones & Company LLP, we can assist you, ensuring that you receive the Accident Benefit coverage you are entitled to (whether you are the at-fault driver or victim). We’ll help you, as a victim, obtain fair personal injury damages. We can also help to evaluate or appeal a decision by ICBC regarding who’s at-fault, your settlement offer or if you are denied a claim. Our lawyers at our two Vancouver locations, or at our 11 other Bronson Jones & Company LLP offices, can help you with your situation, since representing vehicle accident victims is all we do. We have offices across the Lower Mainland and Fraser Valley.