Pedestrians are vulnerable to serious accidents, injuries, and death and pedestrian accidents are a leading source of personal injury claims in British Columbia. Motor vehicle accidents can lead to serious physical injuries ranging from soft tissue damage and fractured limbs to severe neurological impairments and brain damage. These accidents are the cause of not only physical trauma, but emotional and economic distress as well.

There are laws that govern the interactions and responsibilities shared between pedestrians and motor vehicles. The driver of a vehicle must pay attention and drive carefully, reducing speed and yielding in situations that pose a risk to pedestrians. At a marked or unmarked crosswalk, the driver must yield the right of way to a pedestrian or be held responsible in case of an accident. A pedestrian must yield to motor vehicles when crossing a road where no crosswalk exists. The pedestrian has the potential to be held liable for their actions in case of an accident.

As a pedestrian struck by a motorist, you may have an ICBC injury claim against the driver of the vehicle who hit you. This is true even if you were not following the rules of the road.

In case of an accident, even if the pedestrian has not adhered to the rules of the road, the driver of a vehicle may be held responsible for the personal injuries sustained by the pedestrian. As a pedestrian, even if you are partially responsible for the accident, you can be entitled to an ICBC injury claim for “no-fault” benefits as well as a personal injury claim for damages, such as economic loss. These benefits cover medical and rehabilitation costs, disability payments, as well as other personal injury damages like pain and suffering and loss of earning capacity. Before moving forward, it is best to consult with a personal injury lawyer to clarify your legal rights.