Pedestrian Accident Lawyers in Red Deer, St. Albert, and Spruce Grove
Responsibility for motor vehicle-pedestrian accidents in Red Deer, St. Albert, Spruce Grove, and throughout Alberta Province is governed by the Traffic Safety Act. Interestingly enough, many individuals believe that pedestrians are always right in personal injury cases involving these types of claims. Unfortunately, this is a misconception because the pedestrian is also responsible for protecting their safety as well as that of others.
OVERVIEW OF THE TRAFFIC SAFETY ACT
Thanks to a very complex mix of common law and legal statutes, the determination of who is at fault in accidents involving motor vehicles and pedestrians can be extremely confusing and unclear. In most cases, the injury victim should turn to the experience and expertise of the BLFAB Personal Injury Lawyer firm and their staff members. The purpose of the Traffic Safety act is to determine responsibility in pedestrian accidents that could result in a personal injury claim and a courtroom trial.
FREE CASE EVALUATION
According to the Act, motorists in Red Deer, St. Albert, Spruce Grove, and others throughout Alberta Province are responsible for proving their innocence in this type of accident. From a legal perspective, it puts a reverse onus on the motorist to prove that they were not responsible for the accident. Furthermore, the driver of the vehicle must show that the circumstances involved with the accident were unavoidable. In other words, he or she must be able to prove that any other reasonable motorist couldn’t have prevented the accident from occurring.
Conversely, the reverse onus of the Act in no way implies that motorists will always be at fault in accidents involving a pedestrian and a vehicle. If they can prove that the pedestrian’s actions actually caused or contributed to their accident, then it is possible for the court to find the pedestrian completely or at the least partially responsible for the accident and their injuries. The BLFAB Personal Injury Lawyer legal firm has seen cases where the pedestrian’s claim was dismissed and the driver was acquitted.
COMMON CAUSES OF PEDESTRIAN ACCIDENTS
Motorists in cities like Red Deer, St. Albert, Spruce Grove, and others throughout the Province must be aware of their surroundings at all times, especially when they see that a person is entering a crosswalk when the traffic light has changed. However, if the driver is not careful or is negligent, catastrophic accidents can occur. In this case, the term careless or negligent could refer to:
Distracted driving (eating while driving, talking to a passenger or on the phone, texting, etc.)
Failure to obey posted speed limits
Ignoring the right of way of pedestrians
Impaired driving (driving while under the influence of alcohol and/or drugs)
Not coming to a full stop at stop signs
Passing a vehicle when your view of the crosswalk is obstructed or unclear
Additionally, a crosswalk doesn’t have to be marked or be signal controlled to provide pedestrians with the right of way. As a motorist, you’re expected to watch for and yield to pedestrians whenever they’re crossing the street, even if the weather is inclement and they are wearing dark clothes. Unfortunately, there are still numerous motorists who neglect these responsibilities.