PEI Pedestrian Accident Lawyers

A pedestrian struck on University Avenue or on a rural Island road has no bumper between them and the vehicle, and the injuries show it. A PEI pedestrian accident lawyer gets Section B benefits flowing from the driver’s insurer in the first weeks and files the claim against the driver in the Supreme Court inside two years.

The Statute of Limitations Gives Two Years From the Collision

The Statute of Limitations, RSPEI 1988, c S-7, s. 2(1)(d), gives two years from the collision for a personal injury action. The Island’s statute has no ultimate period and no general discoverability clause, and the courts apply the common law rule case by case rather than a codified one. The period is postponed for a minor. A pedestrian with a serious injury has no reason to wait. The skid marks, the lighting and the witnesses do not keep.

The Striking Vehicle’s Insurer Pays a Pedestrian’s Section B

Under the Insurance Act, RSPEI 1988, c I-4, the insurer of the vehicle that struck you pays Section B accident benefits regardless of fault. Medical and rehabilitation costs, income replacement and, in a death, funeral and death benefits. A hit-and-run pedestrian claims on their own household policy if there is one and otherwise through the uninsured motorist provisions. The claim for pain and suffering, income loss and future care runs against the driver. The minor injury cap applies only to injuries the regulations define as minor. A pedestrian’s fractures, head injury and internal injuries are outside it.

A PEI Pedestrian Accident Lawyer Holds the Driver to the Highway Traffic Act Onus

PEI’s Highway Traffic Act puts the burden on the driver to show the collision did not arise from their negligence when a vehicle strikes a pedestrian. Drivers’ insurers still argue jaywalking, dark clothing and distraction. Where they prove a pedestrian’s share of fault, the court reduces the award by a percentage. A PEI pedestrian accident lawyer collects the collision report, the streetlight and crosswalk records, and any vehicle data before those arguments get made.

The Claim Is Filed in the Supreme Court of Prince Edward Island and Settles After Maximum Medical Improvement

Claims are filed in the Supreme Court in Charlottetown or Summerside. A serious pedestrian injury needs time before valuation. The claim should not settle before maximum medical improvement, and future care for a brain or spinal injury is the largest head of damages. Health PEI recovers its costs inside the action. WCB PEI covers a pedestrian who was working, and the claim against the driver continues.

The Charlottetown office runs the Island’s pedestrian claims.

I Was Crossing Outside a Crosswalk. Do I Still Have a Claim?

Yes. Crossing mid-block can be contributory negligence and reduce the award. It does not end the claim, and the driver’s duty to keep a lookout does not depend on where you crossed.

The Driver Was Not Charged. Does That Matter?

No. A charge is a police decision under a criminal standard. The civil claim is decided on a balance of probabilities, and the Highway Traffic Act’s onus favours the pedestrian.

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

The driver’s insurer, under Section B, from the first invoice. You do not need a policy of your own.

How Long Before the Claim Settles?

For a fracture that heals, about eighteen months. For a brain or spinal injury, longer, because a settlement is final and future care has to be assessed first.

Read pedestrian hit by a car, which explains the evidence a pedestrian claim needs anywhere in the region. Past results are on the results page. Other claim types are 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. The Charlottetown office opens the file. Contact the firm, or read what the firm can do.