Pedestrians and Vehicles
Tragically, an accident took the life of a pedestrian attempting to cross Whyte Avenue recently. Whether a pedestrian is walking along the sidewalk, crossing the street or has exited their vehicle following a road accident, an approaching car is a danger. It doesn’t matter who has the “right of way”. In a situation of Pedestrian vs. Vehicle, the Vehicle ALWAYS wins (at least according to the laws of physics). As a pedestrian, you MUST stay proactive. Don’t keep your head down, no matter how hard the snow is blowing. Assume that an oncoming vehicle will not stop and does not see you. Assume an oncoming vehicle will not obey traffic signals until you are clearly persuaded otherwise.
The last statistic I read was that pedestrian accidents made up less than 10% of all injury accidents; but they accounted for a much higher percentage of fatal accidents. Pedestrians are no match for the size, weight, and speed of a vehicle. In a situation of panic, a pedestrian will often move in the wrong direction or freeze up entirely. That is, unfortunately, a matter of reflex.
A surviving pedestrian will often be left with severe and permanent injuries: skull or limb fractures, laceration and road rash, spinal cord or brain damage, to name a few. Drivers have a duty to watch for pedestrians, but pedestrians also need to be alert and aware of their surroundings.
While on foot:
- Look both ways before crossing the street
- Check to make sure all traffic has stopped when crossing a multi-lane road
- Avoid “distracted walking” (texting, talking on the phone, or listening to music) while crossing the street
- Wear bright or reflective clothing
- Accompany young children crossing the street
- Try to cross only at marked crosswalks
- Follow traffic signals
- Try to make eye contact with drivers to confirm they have seen you
- Watch for drivers making turns — they are often more focused on oncoming lanes than on pedestrians
Determining the fault of a pedestrian accident often involves significant investigation — the earlier the better. Unclear circumstances demand that witnesses be contacted and police records be obtained, It is often helpful to involve reconstruction engineers. Again, this process is aided by early involvement. Remember, the insurer for the vehicle is organized to undertake investigations immediately. It is recommended that an injured pedestrian, or the family of a deceased one, try to level the playing field by getting advice and assistance as soon as possible.
No matter what the circumstance, Robinson LLP can investigate the potential merit of a pedestrian accident (in other words, Robinson LLP will let you know whether the fault for the accident is likely to be with the vehicle). In some cases, fault is apportioned between the driver and the pedestrian. Every accident is viewed in its own circumstances. Even when a pedestrian is not at a crosswalk, the “fault” for the collision may lie all or partially with the vehicle.
Our car accident lawyers in Edmonton have significant experience in representing clients with all types of injuries including life-altering or catastrophic injuries that may occur in a pedestrian accident. Robinson LLP has represented injured pedestrians, as well as the families of pedestrians who suffered fatal injuries in accidents in Edmonton and throughout Alberta.
Robinson LLP wants to be involved. We are committed to advancing your case for the best possible liability result with maximum compensation for your claim.
At Robinson LLP, our car accident lawyers in Edmonton understand the loss you have suffered and the barriers to obtaining excellent compensation to cover that loss. We are on your side.