Pedestrian accidents potentially involve serious physical and emotional trauma. For the most part, fault can be established against the driver of a vehicle, if you are struck by a vehicle while crossing in accordance with traffic signals (e.g., you had the “Walk” signal) and you are within the boundaries of a cross walk. However, if you cross on a red or yellow light, outside the crosswalk or get hit while jay walking you may have a much harder time establishing driver liability. As in the case of a bicycle rider, you also have some responsibility to take care that vehicle drivers are able to see you, particularly if you are walking in traffic after dark or during poor weather conditions. While it is not mandatory that you wear reflective clothing, common sense dictates this is a prudent precaution to take. If liability is disputed then a thorough, well-documented investigation of the accident scene may be necessary.
If you are a pedestrian injured by a vehicle in BC, even if you are partly to blame, you are entitled to Accident Benefits (Part 7 Benefits) to cover medical and rehabilitation costs up to a maximum of $150,000. Covered expenses can include the cost of treatment by massage therapists, chiropractors, physiotherapists, medical equipment required to aid your recovery (e.g., braces, crutches, wheelchairs) and home care assistance. If your injuries prevent you from going to work you may also be entitled to wage loss benefits for time you had to take off work to recover. Similarly, if you are a homemaker you may be entitled to compensation (up to a limit) for hiring home care to do the house work you would normally do.
You are also entitled to pursue a claim for personal injury damages.
