ICBC PEDESTRIAN INJURY CLAIMS
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.
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HOW WE CAN HELP
At Veale Law, we offer you a free consultation to discuss your case, and to advise you of your legal rights and obligations. For a free consultation, call us 24 hours a day at either 604-685-2833 or toll free at 1-855-685-2833, email us at email@example.com, or fill out our free consultation form on the right.
We also offer you a legal contingency fee of 20%, the lowest in the province of British Columbia for a pedestrian injury claim. On an average ICBC pedestrian injury claim, this can save you thousands of dollars. If you have an existing offer from ICBC, and would like us to finalize your matter for you, you will not be charged a fee on the amount of your existing offer from ICBC, and our fee will only be based on any amount recovered in excess of your current offer. You don’t pay us anything up front, you don’t make any payments along the way, and you don’t pay us anything until we resolve your ICBC injury claim for you. In reality, no money ever leaves your pockets, as our fee comes out of the settlement money. For your convenience, home and hospital appointments are also available.
We also serve clients throughout British Columbia, whether you are a resident of British Columbia, or a non-resident of British Columbia, that have been injured in a motor vehicle accident in British Columbia.
There are many benefits to having Veale Law represent you:
- Protection of your legal rights
- Explanation of your legal obligations
- Dealing with ICBC on your behalf
- Payment of disbursements on your behalf
- Explanation of what damages you can claim
- Maximization of the value of your injury claim
If you elect to have Veale Law represent you, we will do so with passion and dedication. We keep fully abreast with the current case law. We will apply our legal knowledge, experience, and skills to the facts of your case in order to achieve the best possible result for you. ICBC has trained adjusters and experienced lawyers representing their interests. You need someone to protect yours.
We look forward to serving all your personal injury needs, and to getting you the justice that you so rightly deserve. Contact Veale Law now.