Jaywalking Pedestrian - Your Vancouver Pedestrian Accident
Jaywalking at the Time of Your Vancouver Pedestrian Accident ??
You Still May be Able to Obtain Compensation
So, you went into ICBC following your pedestrian accident. And the adjuster told you that because you weren't in a marked crosswalk at the time of your accident took she can't pay you any compensation for your pain and suffering or time off work.
"Why's that ?, " you asked. "Well, you were jaywalking. That's why!" She said with a grin.
Let me set the record straight.
Just because you aren't in a marked crosswalk at the time of your pedestrian accident doesn't mean you're legally responsible for the colliision.
Regardless of who has the right of way, the courts in B.C. have always asserted that drivers have a duty to keep a proper look out for pedestrians.
As always though, the devil is in the details.
The first thing that needs to be looked in the context of a pedestrian injury case is the conduct of the driver of the car that hit you. Was that driver speeding? distracted? driving carelessly? not paying proper attention to their driving given road, weather, lighting, traffic and other relevant conditions ?
The next area to examine is the behavior of the pedestrian. In the circumstances of the accident, what efforts did the pedestrian make to ensure that they could cross the street in safety ? Was the pedestrian crossing close to a marked crosswalk ? walking or running ? proceeding across an intersection walking from one corner to the opposite corner ?
The bottom line is that pedestrian injury claims are tricky and very much dependent on the details of the specific case.
So, don't just accept ICBC's assertion that they can't compensate you for your pedestrian injury claim. Get in touch with a personal injury lawyer who's got the expertise to give you the real goods.
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