If you’ve been hit by a car as a pedestrian, you’re already dealing with an incredibly traumatic experience. Your sense of personal safety may be shattered, regardless of how severe your injuries are. When the driver who hit you tries to pin the responsibility on you, it only adds to your shock and distress.
However, just because someone blames you for a pedestrian accident doesn’t mean you’re automatically at fault or cannot pursue compensation against the driver. Nova Scotia law has specific provisions that govern how fault is determined in pedestrian accidents and what happens when both parties share responsibility.
Does the Driver Blaming Me Mean I'm at Fault?
No, you are not at fault just because the driver blamed you for your pedestrian accident. Statements made by the driver or their insurer won’t make you legally responsible. The law and the evidence alone will determine who is at fault for the accident and why.
Who Has to Prove Fault When a Driver Hits a Pedestrian in Nova Scotia?
In vehicle-on-vehicle collisions, Nova Scotia law requires the driver making the claim to establish that the other driver was responsible for the crash. However, the opposite is true when pedestrians are involved. Under Nova Scotia’s Insurance Act, the driver who hits a pedestrian is presumed to be at fault unless they can prove otherwise. Known as a reverse onus, this law shifts the burden of proof onto the driver to prove that they are not liable.
If the driver who hit you is blaming you for the accident, this law may protect you. If the driver has no evidence to back up the accusations, you won’t be found at fault for the accident.
Why Might a Driver Say the Pedestrian Was at Fault?
Pedestrians do have legal obligations under Nova Scotia’s Traffic Safety Act, and a driver may accuse you of acting in an unsafe manner or refusing to properly yield the right of way.
Ways a pedestrian could be at fault for an accident include the following:
- Entering the roadway without checking to make sure it was safe
- Entering a crosswalk when the vehicle was already approaching
- Entering a crosswalk while ignoring “stop” signals
- Not yielding the right of way when entering the street outside of a crosswalk
- Stepping in front of a vehicle that doesn’t have time to stop
- Walking along the side of a highway while facing away from oncoming traffic
Can I Still Recover Compensation if I Was Partly at Fault?
If you do share some responsibility for a pedestrian accident, you still may be entitled to compensation. Nova Scotia’s contributory negligence law provides that a pedestrian and a driver can share liability for an accident. Responsibility is apportioned based on the degree to which each party contributed to the collision. The person less responsible for the accident can recover compensation, but the amount will be reduced by their share of liability.
For example, suppose a driver hits a pedestrian who started crossing at a crosswalk just as the signal switched to “do not cross.” An investigation may find that the pedestrian shouldn’t have entered the crosswalk, but the driver had more than enough time to stop and prevent the collision. If the pedestrian is found 30% at fault for the accident, they can recover compensation for up to 70% of their total damages.
How Is Fault Determined When the Driver and Pedestrian Disagree?
Under Nova Scotia law, the driver is presumed to be at fault in a pedestrian accident unless they can prove otherwise. When liability is disputed, a variety of evidence can be used to establish responsibility for the collision, including:
- Photos of injuries and damage to the vehicle
- Police reports
- Footage from surveillance cameras or dashcams
- Medical documentation
- Weather condition reports
- Car repair records
- Witness statements
The Valent Legal team has extensive experience investigating vehicle crashes and determining liability, including in pedestrian accidents. We can help you prove you weren’t responsible for the collision by establishing the driver’s fault.
What Should I Do if the Driver or Insurer Is Blaming Me?
If you’re being blamed for a pedestrian accident, don’t panic. Anything you say to the driver or their insurance company can be used against you, so don’t answer their questions or engage them before speaking to a trusted lawyer. Consider taking the following steps to strengthen your case:
- If you haven’t already, get a medical examination, and diligently follow any treatment you’re prescribed.
- Gather and preserve any relevant evidence you have access to, such as photographs, the clothes you were wearing, or medical records.
- Write down your memories about the accident, including when it occurred, what conditions were like, and anything else important you noticed.
- Contact any witnesses you met at the scene to see if they’re willing to give statements.
- Talk to an experienced Halifax pedestrian accident lawyer for legal advice.
In Nova Scotia, you have two years after a pedestrian accident to pursue a claim for your own injuries, so make sure to act fast.
How Can a Halifax Pedestrian Accident Lawyer Help When I’m Being Blamed?
If you’ve been injured as a pedestrian and the driver or insurance company is blaming you, we have your back. Our team at Valent Legal will investigate the accident, gather evidence to establish that the driver was negligent, and negotiate a resolution that fairly compensates you for your injuries. If the insurance company refuses to offer a full and fair settlement, we’ll advocate for you in court.
We pride ourselves on friendly, accessible service and clear communication. We’ll remain accessible to answer your questions and keep you informed throughout the process—and you won’t pay us anything unless you win.
Let Us Help You With Your Pedestrian Accident Case
Don’t let a negligent driver pressure you into accepting responsibility for your own injuries. If you’re being blamed for a pedestrian accident you weren’t at fault for, Valent Legal is ready to fight to protect your rights.
Contact us online or call (902) 443-4488 today to schedule a free consultation.