Being involved in a pedestrian accident can be a highly stressful experience for everyone involved. Questions about fault, what to do next, and how to protect your legal rights often create confusion and anxiety in the immediate aftermath.
This article addresses the most frequently asked questions about fault and legal responsibility in pedestrian collisions in Nova Scotia. At Valent Legal, our pedestrian accident lawyers are here to provide experienced guidance and support, helping both pedestrians and drivers navigate the complexities of post-accident legal matters with confidence.
- In Nova Scotia, drivers are generally presumed at fault in pedestrian accidents, but they can shift liability if they provide evidence that the pedestrian’s actions contributed to the accident.
- Pedestrians may share fault if they engage in unsafe behaviors like jaywalking, crossing outside of crosswalks, or ignoring traffic signals.
- If both parties share responsibility, compensation is divided based on their respective fault, with each party receiving damages proportional to their share of liability.
How Is Fault Determined in Pedestrian Accidents in Nova Scotia?
In Nova Scotia, determining fault for a pedestrian accident requires examining the actions of both the driver and the pedestrian. While both parties can share responsibility, the Insurance Act’s reverse onus rule generally presumes the drivers at fault. Therefore, if a pedestrian is injured, the driver must show that the pedestrian acted negligently and caused or contributed to the accident to reduce their share of responsibility or shift blame entirely to the pedestrian.
Evidence that can be persuasive when determining fault for a pedestrian collision includes the following:
- Witness statements
- Dashcam or CCTV footage
- Police reports
- Traffic signals and signs
- Debris and skidmarks
- Photos of the accident scene conditions
- Other evidence of the actions of the parties involved
Who Is at Fault if You Hit a Pedestrian in Nova Scotia?
While drivers are generally presumed to be at fault, pedestrians can share responsibility for an accident, depending on the circumstances of the case.
When Drivers Are at Fault
Drivers in Nova Scotia have a legal duty to operate their vehicles safely and responsibly. When a collision occurs, a driver may be legally responsible for the pedestrian’s damages. Below are common actions by drivers that may lead to liability:
- Failing to yield: Not giving the right of way to pedestrians at crosswalks or intersections
- Distracted driving: Using a phone, eating, or otherwise diverting attention from the road
- Speeding: Driving over the speed limit or too fast for road conditions
- Ignoring traffic signals: Running red lights, stop signs, or disregarding pedestrian crossing signals
Under the Insurance Act’s reverse onus rule, the driver carries the burden of proving they were not negligent. If a pedestrian contributed to the collision, the driver must provide evidence of that behavior to avoid or minimize liability.
When Pedestrians Can Be at Fault
Despite the Insurance Act’s presumption that drivers are to blame, pedestrians in Nova Scotia still have a legal duty to use the road safely. A pedestrian may be considered at fault for an accident if they engage in behaviours such as the following:
- Jaywalking: Crossing the road outside of designated crosswalks
- Crossing outside crosswalks: Failing to use a marked crossing, even when one is nearby
- Stepping suddenly into the lane: Entering traffic unexpectedly, leaving drivers little time to react
- Ignoring signals: Disregarding traffic lights or pedestrian crossing signals
- Distractions: Failing to pay attention to traffic due to electronic devices or other distractions, such as phones or headphones
Unless a driver presents proof that the pedestrian caused or contributed to the accident, an injured pedestrian does not need to prove the driver’s fault to seek damages. However, if the driver presents proof of the pedestrian’s contributory negligence, any fault attributed to the pedestrian can decrease the compensation they can recover.
When Both Parties Share Fault
Under the Nova Scotia Contributory Negligence Act, compensation is determined based on each person’s share of the fault for an accident. For instance, if a court or insurance company assigns 40% fault to the pedestrian, they can only recover up to 60% of their damages.
If it is not possible to establish different degrees of fault, liability is shared equally among the parties involved.
Being struck as a pedestrian can result in severe injuries that disrupt your life. Our team is here to help you understand your rights and fight for compensation.
What Happens if You Hit a Pedestrian and It Is Their Fault?
When a driver hits a pedestrian, the law generally presumes the driver is at fault unless they can prove otherwise. In Nova Scotia, the Insurance Act places the burden of proof on the driver in a pedestrian collision. However, a pedestrian may be liable for an accident if the driver shows that the pedestrian’s actions contributed to or caused the accident.
Nova Scotia uses a standard form automobile insurance policy that applies to all insured drivers. Under Section B of this policy, coverage extends to pedestrians who are struck by the insured vehicle.
What Should I Do After a Pedestrian-Involved Car Accident?
Take the following steps after a pedestrian-involved collision:
- Stay at the scene: Never leave the scene of an accident, as doing so may result in criminal charges. Also, turn your vehicle’s hazard lights on to alert other drivers.
- Call 911: Contact emergency services to report the accident and request medical help, even if injuries are not immediately apparent.
- Document scene: Take clear photos of the vehicles, pedestrians, road conditions, traffic signs, and any skid marks, and record the date, time, location, and weather or visibility conditions.
- Gather witness details: Collect the names, phone numbers, and addresses of any witnesses, and ask for a brief account of what they observed.
- Avoid admitting fault: Do not apologize or make statements that could be interpreted as admitting blame, and stick to factual descriptions when speaking with police, witnesses, or insurance representatives.
- Report to your insurance company: Notify your insurer as soon as possible, provide accurate information and documentation, and follow their instructions regarding claims, vehicle repair, or other necessary steps.
- Seek legal help: Contact a car accident lawyer, especially if there are injuries or disputes about fault, to ensure your legal rights are protected.
Can a Pedestrian Be Legally Responsible for Causing a Collision?
A pedestrian can be legally responsible for causing an accident, including when their negligent actions contribute to a two-vehicle collision in which they are not hurt. For example, a pedestrian who runs into traffic to cross the street may force a driver to swerve to avoid hitting them. The driver’s attempt to avoid the pedestrian may result in a collision with another vehicle.
Recovering damages in these situations can be challenging because pedestrians often lack liability insurance coverage. A lawsuit may offer some options for compensation when insurance is unavailable or limited, but the pedestrian’s personal resources may limit what an injured accident victim can recover.
What Are the Pedestrian Right-of-Way Rules in Nova Scotia?
Understanding the rules for pedestrian and driver behaviour can prevent accidents. The following are several key right-of-way rules in Nova Scotia:
- Pedestrians have the right of way when crossing within a crosswalk.
- Pedestrians must yield to vehicles when crossing outside a crosswalk.
- Pedestrians should not step into the road if an approaching vehicle is too close to stop safely.
- Drivers must yield to pedestrians in a crosswalk.
- Drivers must yield to pedestrians at all intersections, regardless of whether the crosswalks are marked or unmarked.
- At intersections with pedestrian signals, pedestrians must follow the “walk” or “don’t walk” indications rather than regular traffic lights. Pedestrians have the right of way when the “walk” signal is displayed.
Contact Valent Legal About Your Pedestrian Accident
At Valent Legal, we aim to make working with a personal injury lawyer as stress-free as possible. We understand the physical, emotional, and financial impact that car accidents and personal injuries can have on you and your family. We provide compassionate guidance, remain accessible, and support clients at every step of the process. Our commitment is to help you secure the financial compensation you need to heal.
Contact us online or call (902) 443-4488 today for a free consultation with a pedestrian accident lawyer.