Pedestrian Accident Lawyers in Atlantic Canada

A pedestrian hit by a vehicle suffers the injuries the cap was never written for. Fractures. Head injuries. Internal injuries. In each Atlantic province the striking vehicle’s insurer pays the pedestrian’s accident benefits and answers the claim. In most of the region the statute puts the onus on the driver to show the collision was not their fault. A pedestrian accident lawyer at this firm runs these claims in all four provinces.

Every Province Gives Two Years, Accident Benefits and a Claim Against the Driver

Two years to sue. Accident benefits from the driver’s insurer regardless of fault, where the province’s Section B applies, and a claim against the driver for everything the benefits do not cover. A hit-and-run pedestrian claims on their own household policy if there is one, and otherwise through the uninsured motorist provisions. Contributory negligence, whether crossing mid-block, dark clothing or a phone in hand, reduces a claim by a percentage where the driver proves it. It does not end the claim.

The Onus, the Cap and the Limitation Start Differ by Province

The onus provisions differ in wording but exist in the Motor Vehicle and Highway Traffic Acts of the region. Once a vehicle has struck a pedestrian, the burden shifts to the driver. New Brunswick, Nova Scotia and PEI have minor injury caps that pedestrians rarely fall within. Newfoundland and Labrador has a $5,000 deductible on pain and suffering and optional Section B. The limitation counts from discovery in New Brunswick, Nova Scotia and Newfoundland, and from the collision in PEI.

Each Province Has Its Own Pedestrian Page

• New Brunswick pedestrian accident lawyers
• Nova Scotia pedestrian accident lawyers
• PEI pedestrian accident lawyers
• Newfoundland pedestrian accident lawyers

Why a Pedestrian Accident Lawyer Will Not Settle Early

A settlement is final. The largest head of damages in a brain or spinal injury is future care, and nobody can cost it until the recovery has plateaued. A pedestrian accident lawyer waits for that. Accident benefits carry the household in the meantime, which is why we start them in the first week.

The Driver Was Not Charged.

A charge is a police decision on a criminal standard. The civil claim is decided on a balance of probabilities, with the onus on the driver. Most successful pedestrian claims involve drivers who were never charged.

I Do Not Own a Car. Who Pays My Treatment?

The driver’s insurer, under Section B, from the first invoice, in the three provinces where it is mandatory. In Newfoundland it depends on the driver’s policy, and the tort claim covers the rest.

Read pedestrian hit by a car. Reported decisions are on the results page. Every claim type the firm handles is listed under injury law areas.

No Fee Unless the Claim Resolves

The first call is free and a lawyer takes it. There is no fee unless the claim resolves, and the firm carries the records and expert costs through the life of the claim. Contact the firm, or read what the firm can do.