Your Rights as a Vancouver Pedestrian - It Ain't Simple
So you got hit by a car while crossing the street in Vancouver.
And you've asked around to get a handle on what your rights are.
Here's a sampling of what you probably got by way of feedback:
Your Best Friend - " You were a pedestrian. Absolutely you'll win your case! Pedestrians always have the right of way."
cCashier at 7-11 - " Were you in a marked crosswalk? If not you're hooped. Don't even both making an ICBC claim."
Your Mother - " It's a 50/50. That's always the way pedestrian cases go."
Ok. The first thing to understand is that pedestrian cases are often complicated and turn on the details ( sorry that's just the way it goes).
But, there are some basics that you need to undestand if you've been hit by a car.
There a piece of legislation called the Motor Vehicle Act that comes into play when determining responsibility for pedestrian accidents.
The most important section of the Motor Vehicle Act, when it comes to pedestrian accident which take place in a city, are usually Sections 119, 179, 180 and 181.
Section 119 sets out the definition of a "crosswalk".
Section 179 discusses the "Rights of way between Vehicles and Pedestrians".
Section 180 talks about " Crossing at other than a Crosswalk" ( the other meaning places other than a crosswalk).
Section 181 imposes additional responsibilites on drivers that aren't specified in S179 and S180.
Is your head spinning yet?
If not, have a look at these sections of the Motor Vehicle Act.
They'll go a long way to helping you understanding some of the basics when it comes to establishing responsibility on the part of a driver when they hit a pedestrian.
Better yet, give me a call and I can help you understand what this is all about.
604-255-9018 or [email protected]
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