Nova Scotia Pedestrian Accident Lawyers

Struck while walking in Nova Scotia? You do not need your own car insurance to be paid. Section B benefits come from the driver’s policy. The injury claim runs against that driver. A Nova Scotia pedestrian accident lawyer opens both on the same day.

A Pedestrian Claim Has Two Years From the Collision, Held for a Child

The two-year period in s. 8(1)(a) of the Limitation of Actions Act, SNS 2014, c 35 runs from the day the claim was discovered. For a person hit by a car that is almost always the day it happened. The ultimate period in s. 8(1)(b) is fifteen years. Where the pedestrian is a child, and many are, s. 19 holds the period until the child is an adult. A parent can still start the claim earlier as litigation guardian. Usually a parent should, while the driver and witnesses can be found.

The Striking Vehicle’s Policy Insures a Pedestrian with No Car

Pedestrians in Nova Scotia are inside the Insurance Act, RSNS 1989, c 231 scheme even without a policy of their own. Section B accident benefits come first from the insurer of the vehicle that hit you. If you own a car, your own insurer may respond instead. The minor injury cap on pain and suffering applies to pedestrians as it does to drivers. The injuries in a pedestrian collision, fractures and head trauma above all, are rarely minor.

A Nova Scotia Pedestrian Accident Lawyer Sues the Driver in the Supreme Court

A Nova Scotia pedestrian accident lawyer files the action in the Supreme Court of Nova Scotia. A civil jury is available if either side asks for one. A claim of $25,000 or less can go to Small Claims Court, though pedestrian injuries rarely fit there.

We secure the police file and any dash-cam or transit footage first. Medical records come next, then a demand once your prognosis is known. Discovery follows, then mediation. Trial is for the claims an insurer will not value properly.

Section B Pays Regardless of Fault, WCB May Apply at Work, and MSI Recovers Its Costs

Section B pays medical and rehabilitation costs, weekly income replacement, and funeral and death benefits without regard to fault. WCB Nova Scotia may cover a pedestrian on a work errand instead. The Workers’ Compensation Act then bars suing the employer but not the driver. MSI adds the cost of your treatment to the claim against the driver under the Health Services and Insurance Act.

The Nova Scotia practice works out of our Halifax office. Aodhan Murphy and Michael Byrne take the province’s pedestrian files.

I Was Not in a Crosswalk. Can I Still Claim?

Yes. Being outside a crosswalk can support a finding of shared fault, which reduces the award by a percentage. It does not erase the driver’s duty to keep a lookout and to be able to stop for what is in front of them. Shared fault turns on the facts. Lighting, speed, sightlines, and what the driver was doing.

The Driver Left. Who Pays a Hit and Run Pedestrian?

Start with your own auto policy, if you have one, for Section B and uninsured motorist coverage. If you have no policy and the driver is never identified, the claim runs through the uninsured and unidentified motorist arrangements that sit behind every Nova Scotia policy. Those claims carry notice steps with short deadlines. A Nova Scotia pedestrian accident lawyer should handle them early.

Can a Nova Scotia Pedestrian Accident Lawyer Act for a Child?

Yes. A parent or guardian acts as litigation guardian. The court must approve any settlement for a minor. The money is held for the child until adulthood.

What If I Was Drinking?

Intoxication may be contributory negligence if it caused you to step out unsafely. It is not a bar. The driver’s conduct is judged on its own.

The firm’s reported decisions are listed on our injury results. See injury law areas for the other claim types, and pain and suffering compensation in Canada for how general damages are assessed.

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 Halifax office opens the file. Contact the firm, or read what the firm can do.