Alberta law protects pedestrians with a reverse onus rule. If a vehicle hits you at an Edmonton crosswalk, the driver is legally presumed to be at fault unless they can prove otherwise. Injured pedestrians can pursue compensation by filing a claim at the Court of King’s Bench, with legal actions requiring a $250 CAD filing fee.
Edmonton is a busy, growing city, and unfortunately, pedestrian accidents at intersections are a common occurrence. Whether you are crossing Whyte Avenue, Jasper Avenue, or a quiet residential street in Mill Woods, pedestrians are incredibly vulnerable. When a multi-ton vehicle strikes a person, the resulting injuries-from broken bones to severe head trauma-can be devastating.
Under the Alberta Traffic Safety Act, pedestrians generally have the right of way at both marked and unmarked crosswalks. More importantly, Alberta is one of the few jurisdictions that enforce a legal concept called the “reverse onus” in pedestrian-vehicle collisions. This powerful legal tool significantly shifts the burden of proof, making it easier for injured pedestrians to secure the compensation they need to heal and move forward.
Step-by-Step Process in Edmonton
If you or a loved one has been struck by a car in Edmonton, taking the right steps immediately after the accident is vital for building a strong legal claim. Most injured pedestrians choose to hire a local lawyer to navigate the complex insurance negotiations and court procedures.
Step 1: Emergency Response and Police Reporting
Do not attempt to move unless absolutely necessary. Wait for Edmonton Fire Rescue or EMS to arrive. For any pedestrian accident involving injuries, the Edmonton Police Service must be dispatched. Ensure that the attending officer takes your statement, as the official police report will be a foundational piece of evidence for your claim.
Step 2: Identifying the Driver and Witnesses
If you are conscious and able, or if a bystander can help, get the license plate number, name, and insurance details of the driver who hit you. It is also crucial to get the names and phone numbers of any witnesses. In a reverse onus scenario, the driver might try to claim you darted out into traffic unexpectedly; independent witnesses can disprove this defence.
Step 3: Utilizing the Driver’s Section B Benefits
Even if you do not own a car or have auto insurance yourself, Alberta law allows you to claim Section B Accident Benefits through the insurance policy of the driver who hit you. This will provide up to $50,000 CAD to cover your immediate ambulance bills, physiotherapy, medications, and up to $400 per week for lost income while you recover.
Step 4: Initiating a Lawsuit (Statement of Claim)
To claim damages for pain and suffering, long-term lost wages, and future care, your lawyer will draft a Statement of Claim. This is officially filed at the Court of King’s Bench. Thanks to Section 186 of the Traffic Safety Act (the reverse onus provision), your lawyer simply needs to prove the accident happened and caused your injuries. The defending lawyer must then attempt to prove their driver was not negligent-a very difficult task.
How Much Does it Cost in Edmonton?
Do not let financial fears stop you from seeking justice. The personal injury legal system in Alberta is structured to help injured victims:
- Contingency Agreements: Edmonton lawyers almost universally accept pedestrian accident cases on a contingency basis. You will not pay hourly rates. The lawyer’s fee is a percentage (usually 30% to 33%) taken only if they win your case.
- Court Costs: Filing your lawsuit at the Alberta Court of King’s Bench involves a mandatory fee of $250 CAD.
- Medical Reports: Your lawyer will pay upfront for medical charts and expert opinions to prove the extent of your injuries. These disbursements are deducted from your final tax-free settlement.
| Feature | Marked Crosswalks | Unmarked Crosswalks |
|---|---|---|
| Definition | White lines painted on the road, often with pedestrian lights. | The logical extension of a sidewalk across an intersection without painted lines. |
| Right of Way | Pedestrian has absolute right of way. | Pedestrian legally has the right of way in Alberta. |
How Long Does the Process Take?
Recovering from a pedestrian accident can be a long journey. Legally, you have exactly two years from the date of the collision to file your claim under the Alberta Limitations Act. Most cases take between 1.5 to 3 years to fully resolve. Your legal team will wait until your doctors declare you have reached Maximum Medical Improvement before agreeing to any settlement with the driver’s insurance company.
Frequently Asked Questions (FAQ)
What is the “reverse onus” in Alberta law?
Section 186 of the Alberta Traffic Safety Act dictates that when a vehicle strikes a pedestrian, the burden of proof is flipped. Instead of the injured pedestrian proving the driver was negligent, the driver must prove they drove perfectly safely and could not avoid the collision.
Can I still sue if I was jaywalking?
Yes. Even if you crossed outside of a designated crosswalk (jaywalking), you can still file a claim. However, the court may assign you a percentage of the blame (contributory negligence), which will reduce your final settlement amount.
What if the driver who hit me fled the scene (hit-and-run)?
If the driver cannot be identified, you are still protected. In Alberta, you can make a claim through the Motor Vehicle Accident Claims Program (MVAC), a provincial government fund designed to compensate victims of uninsured or unidentified drivers up to a maximum of $200,000 CAD.
Will my pedestrian accident settlement be taxed?
No. Under the Canada Revenue Agency (CRA) rules, compensation received for personal injury, including pain and suffering and out-of-pocket medical expenses, is generally entirely tax-free.
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