HALIFAX Pedestrian Accident Lawyer
Police statistics report that pedestrians account for more than half of all deaths on city-controlled roads across Canada. Despite increased jaywalking fines and the installation of advanced pedestrian lights in the Halifax Regional Municipality, pedestrian-car accidents have continued to increase since 2015.
When a pedestrian is hit by a car, it is often the pedestrian who sustains severe injuries as a result of the crash. Even when obeying traffic signals, crosswalks, and taking all of the necessary precautions to be a responsible pedestrian, car accidents are unpredictable and can change your life in an instant.
All Nova Scotia auto insurance policies include mandatory Accident Benefits coverage, which includes accidents involving pedestrians. Therefore, if a driver hits you while you are walking, their policy covers you. However, insurers often dispute liability or minimize claims. You don’t have to deal with the aftermath of a pedestrian accident alone. Valent Legal helps people navigate traumatic injuries with confidence and care.
TABLE OF CONTENTS
- How Our Pedestrian Accident Lawyers in Halifax Can Help You
- What Are the Most Common Pedestrian Accident Injuries in Nova Scotia?
- Pedestrian Accident Laws in Nova Scotia
- Compensation Available After a Pedestrian Accident in Halifax
- What to Do After Being Hit by a Car as a Pedestrian in Halifax
- Frequently Asked Questions About Pedestrian Accidents in Halifax
- Contact Our Halifax Pedestrian Accident Lawyers at Valent Legal
How Our Pedestrian Accident Lawyers in Halifax Can Help You
At Valent Legal, we help clients in pedestrian accident cases build strong claims from the start. We gather and preserve key evidence, including accident reports, witness statements, medical records, and any available video footage. We take a close look at the circumstances of the collision to understand what happened and who is responsible.
We also handle all communication with the insurance companies. Our services include managing paperwork, responding to requests, and negotiating on your behalf. Our goal is to secure fair compensation for your injuries, lost income, and other impacts, so you are not left to deal with insurers on your own.
Throughout the process, we focus on moving your claim forward while you focus on your recovery. We work to reduce stress and keep you informed, so you always know where your case stands. Contact us online today to learn more about how we can support you through this process.
Meet Our Team of Experienced Pedestrian Accident Lawyers
Families dealing with the aftermath of a pedestrian accident need experienced and compassionate legal guidance. Our pedestrian accident lawyers bring both skill and care to every case, advocating for meaningful outcomes while supporting you through each step. Meet our dedicated team below:
What Our Past Clients Say About Working With Our Team
Our clients’ testimonials remind us why we do this work. Here’s what some of them have shared about their experiences with our team:
What Are the Most Common Pedestrian Accident Injuries in Nova Scotia?
The person operating the motor vehicle is protected by a metal frame, airbags, seat belts, and other safety features designed by the manufacturer. Pedestrians are vulnerable to their surroundings and left completely exposed to the impact of a car crash. Not only can the vehicle cause the pedestrian to suffer severe, even fatal injuries, but if the force of the impact pushes the person into another solid object, this can result in what is called a secondary injury. An example of a secondary injury would be the car’s initial collision that broke the pedestrian’s leg, causing them to fall back into a light post, fracturing their skull.
Reasons for car accidents caused by the motorist:
- Distracted driving
- Failure to yield to a pedestrian
- Speeding
- Driving under the influence
- Car malfunctions
Reasons for car accidents caused by pedestrians:
- Ignoring traffic signals
- Walking outside of a crosswalk
- Walking outside of a sidewalk
- Walking along a highway
- Jaywalking
- Intoxication
Common pedestrian injuries:
- Skull fractures
- Brain swelling
- Concussions
- Bruising and cuts
- Hemorrhages
- Hematomas, or blood clots
- Spinal cord injuries
- Torn and sprained ligaments
- Fractures to the leg bones, hips, pelvis, arms, and ribs
These accidents often turn into “hit-and-run,” especially when traffic is light or the driver is in a rural area with minimal day-to-day traffic. Drivers tend to panic after a pedestrian-car accident because they know even a slight impact could result in severe injuries to the person hit by the car. While the driver in a pedestrian accident is usually considered the negligent party, there are instances in which the pedestrian may have contributed to the accident.
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.
Pedestrian Accident Laws in Nova Scotia
In Nova Scotia, both drivers and pedestrians are legally responsible for using the road safely and operating with care. Drivers are held to a certain standard of care and must consider all foreseeable pedestrian risks. An example of a foreseeable risk is a person crossing the road without following traffic rules or using a marked crosswalk, also known as jaywalking.
Pedestrian Right-of-Way Laws in Nova Scotia
- Under the Motor Vehicle Act of Nova Scotia, a pedestrian has the right of way if they are already in a crosswalk when a vehicle approaches.
- The pedestrian does not have the right of way in a crosswalk if a vehicle approaches and the pedestrian has not yet entered the crosswalk.
- A pedestrian cannot leave a place of safety, such as a sidewalk, and step in front of an oncoming vehicle that cannot reasonably stop to avoid hitting the pedestrian.
- A pedestrian crossing a roadway and not within a crosswalk must yield the right-of-way to vehicles.
- It is considered an offence for a pedestrian to disobey traffic instructions at an intersection where traffic is controlled by traffic signals.
- A pedestrian is required to walk along the provided sidewalks following a highway.
- Where sidewalks are not provided on the side of a highway, a pedestrian shall only walk on the left side of the roadway or its shoulder facing traffic.
Liability in Nova Scotia Pedestrian Accidents
In a car accident involving two or more motor vehicles, the injured person is responsible for proving that the other driver’s negligence caused the collision. The Insurance Act reverses this rule for pedestrians. In these cases, the driver who hits a pedestrian is presumed to be at fault unless they can prove otherwise. Known as a reverse onus, this shifts the burden of proof onto the driver, rather than the injured pedestrian. Thus, pedestrians have a significant legal advantage when bringing a claim in Nova Scotia, as they do not have to first prove fault.
Contributory Negligence in Pedestrian Accidents
In some cases, negligence is shared between the driver and the pedestrian. Suppose a pedestrian is distracted on their phone while crossing the road at or near a crosswalk. In that case, the pedestrian may be held partially at fault for the accident. When the fault is split between the driver and the pedestrian, this is referred to as Contributory Negligence.
When a pedestrian is considered to be partially at fault for a car accident, their compensation will be reduced based on the percentage of fault assigned to them. For example, if the insurance company—or a court in a personal injury lawsuit—assigns 40% fault to the pedestrian, they can only revover 60% of their damages.
What if you are the driver of the vehicle involved in a car accident and believe the pedestrian was at fault for your damages? You can pursue a lawsuit against them just like you would in a car accident with another driver. However, there is no insurance for walking, unlike for driving, which could make it difficult for you to recover any compensation from the pedestrian.
Section B Accident Benefit Coverage
Nova Scotia has a standard form automobile insurance policy that applies to every insured driver. Under Section B of this standard form policy, drivers who are injured in a car accident are entitled to coverage for:
- Up to $50,000 in medical expenses
- Funeral expenses up to $2,500 and some death benefits
- Income replacement benefits up to $1,000 per month
Medical coverage typically lasts up to four years. Income replacement benefits can continue as long as you can prove entitlement. You can bring a claim against the person responsible for injuries to pay for medical costs over and above what is covered by Section B in your insurance policy.
Compensation Available After a Pedestrian Accident in Halifax
As noted above, Section B benefits provide basic, no-fault support that can help cover some immediate needs after a pedestrian accident in Halifax.
To recover compensation for the full impact of your injuries, you may also bring a tort claim against the at-fault driver. A personal injury claim may seek damages for pain and suffering, loss of past and future income, future care costs, loss of enjoyment of life, and other losses not covered by Section B benefits. You may also recover the value of housekeeping and home maintenance you can no longer manage, along with other out-of-pocket expenses. These options can be pursued at the same time, so you can access early support while working toward full compensation.
What to Do After Being Hit by a Car as a Pedestrian in Halifax
If you have been hit by a car while walking, what you say and do following a car accident can seriously impact your ability to receive compensation. Taking the following steps after a car crash can help protect your safety and help you receive the benefits you are entitled to:
- Seek medical attention: Call 911 regardless of how severe you believe your injuries are. Not only will calling first responders ensure that you receive immediate medical treatment, but you will also have an official medical document that identifies your injuries, their severity, and any additional treatment you may need to receive. The police will also generate a written report that may be required for you to file a claim or initiate a lawsuit.
- Gather information: Record as much information from the scene of the accident as you can. Examples of important details to record include the driver’s contact details and insurance information, the license plate number, photos of your injuries and vehicle damage, and contact information from any witnesses to the accident.
- Seek legal counsel: Whether you are filing a claim with an insurance provider or pursuing legal action, seeking advice from a lawyer who specializes in pedestrian injury will significantly improve your chances of getting the compensation you deserve.
It is important to remember that we all share the road and need to work together to ensure everyone’s safety. As a pedestrian, any time you are around motor vehicles, there is always a risk of getting into a collision with a car. Knowing how to avoid pedestrian accidents will help protect you and others on the road.
Frequently Asked Questions About Pedestrian Accidents in Halifax
Below are frequently asked questions about pedestrian accidents in Halifax and throughout Nova Scotia:
How Long Do I Have to File a Pedestrian Accident Claim in Nova Scotia?
In Nova Scotia, you generally have two years from the date of a pedestrian accident to file a personal injury claim. However, some exceptions may extend this limitation period, such as if an injured person is a minor or has a disability. The limitation period may also start later if the injury is not apparent at first, beginning only when you discover or reasonably should have discovered the harm.
What Is the Average Settlement Amount for Pedestrian Accident Claims in Nova Scotia?
No two pedestrian accident claims are the same, which means settlement amounts can vary considerably. Factors such as the extent of your injuries, lost wages, and ongoing treatment needs all affect your claim. Available insurance coverage and fault are also key factors. An experienced Halifax pedestrian accident lawyer can review your case and help you estimate the value of your claim.
What if the Driver Who Hit Me Was Uninsured or Fled the Scene?
When the at-fault driver does not have insurance or leaves the scene, your Section D coverage can provide financial support. If you do not have insurance coverage, you may be eligible to make a claim through the Nova Scotia Facility Association, which manages the Uninsured Automobile Fund to assist people in these situations.
How Long Does a Typical Pedestrian Accident Claim Take to Resolve?
The length of a pedestrian accident claim can vary depending on the case. Simple claims may settle in a few months, but more serious injuries or disputes over who is at fault can take a year or longer. Factors such as medical recovery, insurance negotiations, and evidence collection all affect how long it takes. Your lawyer can give a clearer estimate based on the specifics of your situation.
Do I Need a Lawyer for a Pedestrian Accident Claim?
While you are not legally required to hire a lawyer for a pedestrian accident claim, having one is highly recommended to help ensure you receive fair compensation. A lawyer brings experience in proving fault, calculating damages, negotiating with insurance companies, and protecting your rights. With a lawyer managing the process, you can concentrate on your recovery.
Contact Our Halifax Pedestrian Accident Lawyers at Valent Legal
The pedestrian accident lawyers at Valent Legal have the knowledge and experience to take over the claims process for you, so you can focus on recovering from your injuries. We understand the toll car accidents and personal injury can have on you and your loved ones. Our team is prepared to gather evidence, negotiate with insurance companies, and argue your case in court if necessary.
At Valent Legal, we believe that dealing with a personal injury lawyer shouldn’t be stressful. That is why we strive to provide a compassionate client experience, remain accessible, and work closely with personal injury clients every step of the way. Valent Legal is committed to getting you the financial compensation you deserve to help you regain your life.
Contact us online or call (902) 443-4488 for a free consultation with an experienced Halifax pedestrian accident lawyer.