All Pedestrian Injury Lawyers in Calgary

Pedestrian Accident Legal Services in Calgary

Calgary, Alberta, is a sprawling metropolis where pedestrian traffic interacts heavily with high-speed vehicular roadways. From the bustling downtown core along 7th Avenue to the busy crosswalks of the Beltline and the suburban intersections of the suburbs, pedestrians are constantly at risk. When a vehicle strikes a pedestrian, the results are almost always catastrophic for the unprotected individual. Pedestrian Injury Lawyers in Calgary specialize in representing these vulnerable accident victims. Unlike standard car-to-car collisions, pedestrian accidents involve unique legal statutes in Alberta, specifically regarding the ’reverse onus’ of liability. Finding the right legal representation on lawyerinfo.ca is crucial for navigating the complex medical and legal aftermath of being struck by a car, truck, or C-Train. These professionals are dedicated to ensuring that victims receive the necessary medical care and financial compensation to rebuild their lives.

The Reverse Onus: Section 186 of the Traffic Safety Act

The most critical legal concept in Alberta pedestrian law is the ’Reverse Onus.’ Under Section 186 of the Traffic Safety Act, when a pedestrian is hit by a motor vehicle, the driver is presumed to be liable for the accident. This shifts the burden of proof. Unlike other personal injury cases where the plaintiff (the injured person) must prove the defendant was negligent, here the defendant (the driver) must prove that the loss or damage did not arise entirely or solely through their negligence. Pedestrian Injury Lawyers in Calgary use this statute to their client’s advantage. However, insurance companies will fight back, alleging ’contributory negligence’ on the part of the pedestrian-claiming they were jaywalking, wearing dark clothing at night, or distracted by a phone. Experienced counsel is required to defend against these allegations and protect the presumption of liability.

Catastrophic Injuries and Long-Term Care

Pedestrians lack the protective steel cage, airbags, and seatbelts that protect vehicle occupants. Consequently, injuries in Calgary pedestrian accidents are frequently severe and life-altering. Common injuries include:

• Traumatic Brain Injuries (TBI): Ranging from concussions to severe cognitive impairment.
• Spinal Cord Injuries: Resulting in paraplegia or tetraplegia.
• Orthopaedic Fractures: Compound fractures of the tibia/fibula (bumper fractures), pelvis, and femur.
• Internal Organ Damage: Ruptured spleens, liver lacerations, and internal bleeding.

Lawyers specializing in this field work closely with medical experts at the Foothills Medical Centre and rehabilitation professionals to assess the long-term impact of these injuries. They calculate the ’Future Cost of Care,’ ensuring that settlements include funds for lifelong therapy, home modifications, and attendant care if the victim can no longer live independently.

Section B No-Fault Benefits

Regardless of who was at fault for the accident, a pedestrian struck by a vehicle in Calgary is entitled to ’Section B’ benefits. These are no-fault accident benefits provided by the insurance policy of the vehicle that hit them (or their own auto policy if applicable). These benefits cover up to $50,000 in medical and rehabilitation expenses (physiotherapy, chiropractic, psychological counseling) for up to two years, as well as limited income replacement benefits if the victim cannot work. Pedestrian Injury Lawyers assist clients in applying for these benefits immediately. Insurance adjusters often terminate these benefits prematurely or deny coverage for certain treatments. A lawyer acts as an advocate to ensure the insurer fulfills its contractual obligations under the standard Alberta auto policy.

Hit and Run Accidents and the MVAC Fund

Unfortunately, hit-and-run accidents are not uncommon in Calgary, particularly during winter months when visibility is poor. If a pedestrian is struck by an unidentified driver, or by a driver who is uninsured, they may feel they have no recourse. However, Alberta has the Motor Vehicle Accident Claims (MVAC) Fund. This government-administered fund acts as the insurer of last resort. Lawyers in Calgary are experienced in litigating claims against the MVAC Fund (the Administrator). Strict notice periods apply to these claims, and the legal process differs from suing a private insurance company. It is vital to retain a lawyer immediately to preserve evidence and file the necessary notices to the Administrator to avoid being barred from recovery.

The ’Minor Injury Cap’ Debate

Alberta has a regulation that caps damages for pain and suffering for ’minor injuries’ (soft tissue injuries like whiplash) at a specific amount. Insurance companies frequently attempt to categorize pedestrian injuries as minor to limit the payout. However, given the violent nature of vehicle-pedestrian impacts, injuries often involve complex tears, chronic pain, or psychological trauma (PTSD) that take them outside the Cap. Pedestrian Injury Lawyers diligently gather medical evidence to prove that the injuries have resulted in a ’serious impairment,’ thereby ensuring the client is entitled to full common law damages which are significantly higher than the capped amount.

Why Choose a Calgary Pedestrian Lawyer?

The legal landscape in Calgary, Alberta involves specific procedural rules and local court dynamics. A local lawyer understands the specific intersections that are prone to accidents (such as Macleod Trail or 17th Avenue) and can utilize this local knowledge to build a stronger case. They can secure surveillance footage from nearby businesses or City of Calgary traffic cameras before it is deleted. On lawyerinfo.ca, we feature lawyers who have a proven track record of standing up to large insurance carriers on behalf of injured pedestrians. Whether you were hit in a crosswalk or in a parking lot, you have rights. Contact a specialized lawyer to discuss your case and ensure your future is protected. 🇨🇦