New Brunswick Pedestrian Accident Lawyers

A pedestrian struck in New Brunswick often has no auto policy of their own, and the driver’s insurer is the only insurer in the picture. A New Brunswick pedestrian accident lawyer gets Section B started from that insurer, then builds the liability claim while the injuries are still under treatment.

Two Years From Discovery, Fifteen Years at Most, and the Period Pauses for a Child

The Limitation of Actions Act, SNB 2009, c L-8.5 governs. Two years from the day the claim is discovered, under section 5(1)(a), is the working deadline, and for a pedestrian struck in a crosswalk that is the day of impact. Section 5(1)(b) fixes an ultimate period of fifteen years from the event. Children are struck more often than adults, and section 18 stops the period from running while the injured child is a minor.

The Cap Rarely Applies to a Pedestrian and the Seatbelt Reduction Never Does

Under the Insurance Act, RSNB 1973, c I-12, the minor personal injury cap in the Injury Regulation (NB Reg 2003-20), indexed each year, limits pain and suffering only where the injury meets the regulation’s definition. Pedestrian injuries, which tend to involve fractures, head trauma and lasting impairment, often fall outside it. The 25 percent seatbelt reduction in section 265.2 has no application to a person on foot. Fault is contested differently on foot. The driver will say you stepped out, wore dark clothing or crossed mid-block. The court reduces the award by whatever share of fault it assigns to you.

From Demand to Trial in the Court of King’s Bench

The claim is brought in the Court of King’s Bench of New Brunswick, Trial Division, and most injury trials are heard by a judge sitting without a jury. The order of events is a demand to the driver’s insurer, a statement of claim, exchange of documents, examinations for discovery, medical and reconstruction evidence, mediation and trial. Intersection cameras, dashcams and transit footage are overwritten within weeks, so we send preservation letters in the first days.

Section B Comes From the Striking Vehicle’s Policy, with WorkSafeNB and Medicare Alongside

A pedestrian claims Section B accident benefits from the policy on the vehicle that struck them. Section B pays medical and rehabilitation expenses, weekly income replacement, and funeral and death benefits, without regard to fault. Where you have your own auto policy, it may also respond. The balance is claimed against the driver. A worker struck while working, for example a crossing guard or a road crew member, may be under WorkSafeNB and unable to sue the employer, but keeps the claim against the driver. New Brunswick Medicare may recover its costs from the wrongdoer within the action. Our post on being hit by a car in New Brunswick walks through the first month.

Pedestrian claims across the province are run from the Moncton office. The Saint John office also takes them.

The Driver Left the Scene. Can I Still Claim?

Yes. An unidentified driver claim is available in New Brunswick, and the reporting requirements are strict and short, so contact us at once.

I Was Jaywalking. Does That End the Claim?

No. A driver must still keep a proper lookout. Your share of fault reduces the award; it does not eliminate it.

Why Does a New Brunswick Pedestrian Accident Lawyer Ask for My Shoes and Clothing?

Because the driver’s insurer will argue visibility and footing. A reflective jacket and flat shoes in a bag at our office end that argument.

Can a Child’s Claim Wait Until They Are Older?

Legally, yes, because of section 18. Practically, the evidence is best gathered now, and the claim can be started by a litigation guardian.

Two Reported New Brunswick Awards

Allen v. Doiron, 2026 NBKB 049 was assessed at $3.3 million in the Court of King’s Bench in Moncton. Trainor v. DeArcos, 2025 NBCA 131 upheld $2.3 million on appeal for a chronic pain claimant. Both appear with the firm’s other reported decisions.

Every claim type is listed at injury law areas. A New Brunswick pedestrian accident lawyer at this firm charges no fee unless you recover.