Newfoundland Pedestrian Accident Lawyers

Many people hit by a vehicle in Newfoundland and Labrador own no car policy to fall back on. The driver’s insurer knows that, and it will look for a reason to say the pedestrian stepped out. A Newfoundland pedestrian accident lawyer secures the fault evidence first. Then comes the question of which policy, if any, carries Section B.

A Newfoundland Pedestrian Accident Lawyer Has Two Years From Discovery, Longer for a Child

Section 5 of the Limitations Act, SNL 1995, c L-16.1 gives two years. Section 14 starts the clock at discovery of the claim. Section 15 postpones the running of the period while the claimant is a minor. Children walking to school and older adults crossing at dusk are the two groups most often struck in this province, and s. 15 protects the first group only.

A $5,000 Deductible Comes Off Pain and Suffering, and Nothing Else

A pedestrian claim against a driver is a motor vehicle claim under the Automobile Insurance Act, RSNL 1990, c A-22. No minor injury cap applies. A $5,000 deductible is subtracted from the pain and suffering award for a collision on or after 1 January 2020. The other heads, income loss, future care, housekeeping and expenses, are paid in full. Pedestrian injuries tend to be serious, fractures and head injuries rather than sprains, so the deductible is a small part of most awards. Our post on the minor injury deductible in Newfoundland sets out the arithmetic.

The Supreme Court Hears the Claim, and the Evidence Is Gathered Within Days

The Supreme Court of Newfoundland and Labrador, General Division, hears the claim. Small Claims Court is limited to $25,000. The driver’s insurer will raise the pedestrian’s clothing, the crossing point and the light. We gather the answer within days. That means the RNC or RCMP collision report, intersection and business cameras, the vehicle’s event data, and the witnesses. We make the demand once the medical course is clear. Pleadings, discovery and mediation follow. A trial is for the files where fault or value cannot be agreed.

Section B Is Optional Here and Comes From a Household or Striking Vehicle Policy

Section B benefits are optional in Newfoundland and Labrador. Where they exist, a pedestrian can look to the policy on a vehicle in their own household first, and to the striking vehicle’s policy if it carries Section B. If neither has the coverage, there is no no-fault layer at all, and every expense goes into the claim against the driver. Section B benefits in Newfoundland explains the order of priority. A worker struck while working, for example a flag person or a courier, is under WorkplaceNL and cannot sue the employer, but can sue the driver. MCP recovers its health care costs from the driver as part of the claim.

The St. John’s Office Takes Pedestrian Files From the Whole Province

The St. John’s office takes pedestrian files from the whole province, with Michael Murphy, K.C. leading. The full set of practice areas is at injury law areas.

Was I at Fault for Crossing Outside a Crosswalk?

Not automatically. A driver must keep a proper lookout for people on the road wherever they are. Crossing mid block is argued as contributory negligence and can reduce the award by a percentage; it does not defeat the claim.

The Driver Left. Can I Still Claim?

Yes. Where the vehicle cannot be identified, the claim goes under the unidentified motorist provisions of a policy available to you, or through the province’s mechanism for uninsured claims. Those routes require a prompt police report. Report the same day.

Does the $5,000 Deductible Apply If I Was Not in a Car?

Yes. The deductible attaches to the motor vehicle claim, not to the claimant’s position. A pedestrian, a cyclist and a passenger all bear it on the pain and suffering head.

What Does a Pedestrian Claim Cover?

Pain and suffering less the deductible, lost income to date and into the future, treatment MCP does not pay, the cost of care and help at home, and the MCP subrogated amount.

See the firm’s reported decisions at best injury results.

No Fee Unless the Claim Resolves

The first call is free and a lawyer takes it. There is no fee unless the claim resolves. The St. John’s office opens the file. Contact the firm, or read what the firm can do.