Being a pedestrian hit by car in New Brunswick is a life-altering event that can leave victims feeling vulnerable and uncertain about their future. The streets of Moncton, Saint John, and Fredericton are busy, and collisions happen when drivers fail to yield the right of way. In the moments following such an incident, adrenaline is high and the focus is likely on immediate physical safety. Understanding the legal protections available is essential for anyone injured as a pedestrian in this province.
The team at the Mike Murphy Law Group understands the physical and emotional toll these accidents take on victims and their families. This guide is designed to help those affected navigate the complex legal and insurance landscape in the province. Knowing the correct steps to take can protect both health and the right to fair compensation.
Table of Contents
New Brunswick law provides specific protections for those involved in motor vehicle collisions. However, the process of securing benefits and holding a negligent driver accountable requires careful attention to detail. For anyone struck by a vehicle while walking in New Brunswick, the following information will help in moving forward with confidence.
Immediate Steps After a Pedestrian Accident in New Brunswick
The very first priority is to ensure physical safety. If possible, the injured person should move to a safe location away from traffic to avoid further injury. Calling 911 immediately to report the accident and request emergency medical services is critical for a pedestrian hit by car in New Brunswick.
When the police arrive, providing them with a clear and factual account of what happened is essential. No one should apologize or admit any level of fault, as the full circumstances of the accident are not yet known. The police report will serve as a foundational piece of evidence for the New Brunswick pedestrian accident claim.
If injuries allow, collecting contact information from the driver and any witnesses at the scene is strongly recommended. Using a phone to take photos of the vehicle, the road conditions, and the area where the impact occurred can be invaluable. These details are vital when seeking justice after being a pedestrian hit by car in New Brunswick.
Seeking Medical Attention Promptly
A medical evaluation should never be skipped after being a pedestrian hit by car in New Brunswick, even if the injured person feels fine. Adrenaline often masks the pain of serious injuries like internal bleeding or soft tissue damage. Visiting an emergency room or a walk-in clinic as soon as possible is essential to document the condition.
Medical records created immediately after the accident are difficult for insurance companies to dispute. They provide a direct link between the collision and the injuries sustained. For a pedestrian hit by car in New Brunswick, consistent medical follow-up is the best way to ensure a full recovery and a strong legal case.
Keeping a journal of symptoms and how they impact daily life is also recommended. Noting any missed work, pain levels, and activities that can no longer be performed helps the team at the Mike Murphy Law Group quantify the “pain and suffering” portion of the claim.
Understanding New Brunswick Insurance: Section B Benefits
In New Brunswick, all standard automobile insurance policies include Section B accident benefits. These are “no-fault” benefits, meaning the injured person is entitled to them regardless of who caused the accident. For a pedestrian hit by car in New Brunswick, coverage is typically provided through the driver’s insurance policy.
Section B covers specific expenses such as medical treatments, rehabilitation, and a portion of lost wages. This coverage is essential for immediate financial relief while the injured person focuses on healing. The team at the Mike Murphy Law Group can assist in ensuring these benefits are accessed correctly and promptly.
To qualify for these benefits, the insurance company must be notified within 30 days of the accident. There are also specific forms, such as the Form AB-1 (Notice of Loss and Claim for Benefits), that must be completed. For a pedestrian hit by car in New Brunswick, missing these deadlines can complicate the recovery process.
What Section B Covers in New Brunswick
The medical and rehabilitation limit under Section B in New Brunswick is generally $50,000 for up to four years. This can pay for physiotherapy, chiropractic care, and prescription medications. For a pedestrian hit by car in New Brunswick, Section B benefits are the primary source of medical funding in the early stages.
Section B also provides weekly indemnity payments if the injured person is unable to work. This usually covers 80% of gross weekly income, up to a maximum of $250 per week. While this amount may not replace a full salary, it offers a vital safety net for anyone recovering from a pedestrian collision.
There are also “Total Disability” benefits if the claimant is unable to perform any occupation for which they are suited. Navigating these definitions can be difficult without a skilled Moncton injury lawyer. The team at the Mike Murphy Law Group ensures every client receives the full amount they are entitled to under the law.
Liability and the New Brunswick Motor Vehicle Act
Determining who is at fault is a critical part of any claim involving a pedestrian hit by car in New Brunswick. The New Brunswick Motor Vehicle Act outlines the rules of the road for both drivers and pedestrians. Drivers have a high duty of care to avoid hitting people on foot, especially in school zones or marked crosswalks.
Under the New Brunswick Motor Vehicle Act, pedestrians generally have the right of way in crosswalks. However, pedestrians also have a duty to not leave a curb suddenly and walk into the path of a vehicle. The injured pedestrian may face arguments of “contributory negligence” from the driver’s insurance company.
Contributory negligence means the insurance company claims the injured person was partially responsible for their own injuries. For example, they may argue the pedestrian was distracted by a phone or wearing dark clothing at night. The team at the Mike Murphy Law Group is dedicated to fighting these tactics to ensure that a pedestrian hit by car in New Brunswick is treated fairly.
The firm analyzes tire marks, vehicle damage, and lighting conditions to reconstruct the accident. The goal is to prove the driver’s negligence was the sole cause of the injuries. This thorough approach is what makes the Mike Murphy Law Group Atlantic Canada’s premier litigation firm.
Common Injuries When a Pedestrian Is Hit by Car in New Brunswick
Pedestrians have no protection when struck by a several-thousand-pound vehicle. The resulting injuries are often catastrophic and require long-term medical care. Anyone who was struck by a vehicle while walking in New Brunswick may be facing a long and painful road to recovery.
Traumatic brain injuries (TBI) are common, even if the vehicle was moving at a low speed. A person’s head often strikes the hood or the pavement, leading to concussions or permanent cognitive impairment. Spinal cord injuries that result in paralysis are also a significant risk in these collisions.
Other frequent injuries include severe road rash, broken bones, and internal organ damage. These injuries can lead to permanent disability and the inability to return to a previous career. In such cases, speaking with a long-term disability lawyer to discuss future financial security is an important step.
Psychological Impact and PTSD
The trauma experienced by a pedestrian hit by car in New Brunswick is not just physical. Many victims suffer from Post-Traumatic Stress Disorder (PTSD), anxiety, and a fear of crossing streets. These psychological injuries are just as real as a broken bone and deserve compensation.
New Brunswick law allows for the recovery of damages related to psychological distress. If mental health has declined since the accident, it is important to seek counselling. Documentation from a psychologist can be a powerful component of a claim for a pedestrian hit by car in New Brunswick.
The team at the Mike Murphy Law Group treats every client with the empathy and respect they deserve. The firm understands that lives are turned upside down by these collisions. The Mike Murphy Law Group works tirelessly to ensure that both physical and mental health needs are addressed in every settlement.
Calculating Damages: What Is Your Claim Worth?
One of the most common questions from a pedestrian hit by car in New Brunswick is: “How much is my case worth?” Compensation is divided into two main categories: General Damages and Special Damages. Every case is unique, and the final value depends on the severity of the injuries and the impact on the person’s life.
General Damages refer to “pain and suffering.” In Canada, there is a legal cap on how much a person can receive for pain and suffering, but it is still a significant portion of most claims. A pedestrian who suffers a permanent impairment in New Brunswick will receive a higher amount than someone who recovers fully.
Special Damages are quantifiable financial losses. This includes lost wages, the cost of future medical care, and out-of-pocket expenses for prescriptions or travel to appointments. For a pedestrian hit by car in New Brunswick, these damages ensure that the accident does not lead to financial ruin.
Loss of Future Earning Capacity
If the injured person cannot return to their job after being a pedestrian hit by car in New Brunswick, they may be entitled to “loss of future earning capacity.” This calculates the money that would have been earned over the rest of their career if the accident had not happened. This is often a complex calculation involving economic professionals.
The team at the Mike Murphy Law Group has the resources to hire the necessary professionals to value each claim accurately. The firm looks at age, education, and career path to build a comprehensive picture of the loss. Every pedestrian hit by car in New Brunswick deserves a settlement that protects their family’s future.
The cost of future care is also carefully considered. The injured person may need home modifications, ongoing nursing care, or specialized equipment. These costs add up over a lifetime, and the Mike Murphy Law Group makes sure they are factored into any negotiation.
The Legal Process in New Brunswick Courts
Filing a lawsuit is a formal process that begins with a “Statement of Claim.” This document outlines the facts of the accident and the damages being sought. For a pedestrian hit by car in New Brunswick, this document must be filed in the New Brunswick Court of King’s Bench.
The defendant (the driver) will then file a “Statement of Defence.” This is where they may try to blame the pedestrian for the accident or downplay the injuries. After these documents are filed, the “discovery” phase begins. During discovery, both sides exchange documents and provide testimony under oath.
Most cases involving a pedestrian hit by car in New Brunswick are settled through negotiation or mediation before going to trial. However, the team at the Mike Murphy Law Group is always prepared to go to court if the insurance company refuses to offer a fair settlement. Michael B. Murphy, KC, has over 40 years of experience and over 100 reported decisions, providing a proven track record in the courtroom.
The Two-Year Limitation Period
In New Brunswick, the Limitation of Actions Act generally gives claimants two years from the date of the accident to file a lawsuit. Missing this deadline will likely mean the right to sue is lost forever. This is why a pedestrian hit by car in New Brunswick should contact a lawyer as soon as possible.
While two years might seem like a long time, building a strong case takes months of preparation. Medical records need to be gathered, witnesses need to be interviewed, and medical professionals need to be consulted. Waiting until the last minute can put a claim at serious risk.
There are rare exceptions to this rule, such as for minors or those with mental disabilities. However, no one should ever assume an exception applies to them. Speaking with the Mike Murphy Law Group today ensures rights are protected under New Brunswick law.
Why Choose the Mike Murphy Law Group?
Choosing the right lawyer is the most important decision a pedestrian hit by car in New Brunswick can make. The injured person needs a firm with the experience, resources, and dedication to stand up to large insurance companies. The Mike Murphy Law Group is Atlantic Canada’s premier litigation firm for a reason.
Led by Michael B. Murphy, KC — former Attorney General and Minister of Justice of New Brunswick — the team brings unparalleled insight into the provincial legal system. The firm has five offices across the region, including Moncton and Saint John, to serve clients wherever they are located.
The Mike Murphy Law Group handles all personal injury claims on a no win, no fee basis. This means clients do not pay anything unless the firm successfully recovers money for them. This contingency fee structure ensures that every pedestrian hit by car in New Brunswick has access to high-quality legal representation regardless of their current financial situation.
A Proven Track Record of Success
The team at the Mike Murphy Law Group has helped thousands of Atlantic Canadians recover after devastating accidents. Whether it is a car accident claim or a wrongful death case, the firm provides the same level of tireless advocacy. The goal is to maximize compensation so that clients can focus on their lives.
The firm handles every aspect of the claim, from dealing with insurance adjusters to filing court documents. This allows the injured person to focus on medical treatments and family. For a pedestrian hit by car in New Brunswick, facing this challenge alone is not necessary.
The Mike Murphy Law Group is known for its authoritative and direct approach. The firm does not let insurance companies push clients around. The Mike Murphy Law Group consists of proven litigators who know how to win. For a pedestrian hit by car in New Brunswick, this experience can make all the difference in the outcome of their case.
Frequently Asked Questions
How Long Does a Pedestrian Hit by Car in New Brunswick Claim Take?
The timeline varies depending on the complexity of the injuries and the willingness of the insurance company to negotiate. Some cases settle within a year, while others that go to trial may take several years. For a pedestrian hit by car in New Brunswick, it is important to reach “maximum medical improvement” before settling to ensure all future costs are covered.
What if the driver who hit me fled the scene?
If a pedestrian was involved in a hit-and-run collision in New Brunswick, compensation may still be recoverable. A claim can often be made through the injured person’s own insurance policy’s uninsured motorist coverage or the Facility Association. The team at the Mike Murphy Law Group can help navigate these special types of claims.
Can I still claim if I was not in a crosswalk?
Yes, a claim may still be viable even without being in a marked crosswalk. While being in a crosswalk provides stronger legal protection, drivers still have a duty to avoid hitting pedestrians whenever possible. A pedestrian hit by car in New Brunswick may still recover damages, though the amount might be reduced by a percentage of contributory negligence.
What should I do if the insurance adjuster calls me?
Extreme caution should be exercised when speaking to an insurance adjuster after being a pedestrian hit by car in New Brunswick. The adjuster’s job is to minimize the amount the company has to pay. No documents should be signed and no recorded statement should be given without first consulting with the Mike Murphy Law Group. The firm can handle all communication with the adjuster on the client’s behalf.
How much does it cost to hire the Mike Murphy Law Group?
The firm works on a contingency fee basis, which is often called no win, no fee. There are no upfront legal fees. If the firm wins the case, the legal fee is a percentage of the final settlement or court award. This ensures that a pedestrian hit by car in New Brunswick can afford the best legal help without any financial risk.
If you or a loved one were a pedestrian hit by car in New Brunswick, contact the Mike Murphy Law Group today at 506-854-5157 or through the secure online intake form. There are no fees unless the case is won.