A pedestrian hit by car in New Brunswick has two claims, not one. The first is against the driver’s own insurer for Section B accident benefits, and it does not depend on fault. The second is a lawsuit against the driver for everything Section B does not pay. Most people know about the second and miss the first. This guide covers both, the deadlines that apply to each, and the arguments the driver’s insurer will make.
Drivers in Moncton, Saint John and Fredericton fail to yield at crosswalks. When they do, the person on foot has no bumper, no seatbelt and no airbag. The injuries are worse than in a car-on-car crash at the same speed, and the legal work starts earlier than most people expect.
The First Hour After a Pedestrian Accident in New Brunswick Sets the Evidence
Get out of the road if you can move. Call 911. Ask for an ambulance even if you think you can walk it off.
When police arrive, tell them what happened and stop there. Do not apologise and do not agree that you should have looked. You do not yet know what the driver was doing. The police report becomes the first document in a New Brunswick pedestrian accident claim, and anything you say at the scene ends up in it.
If you can, get the driver’s name, licence plate and insurer, and the names and phone numbers of anyone who saw the collision. Photograph the car, the road, the crosswalk markings, the lighting and where you ended up on the pavement. A pedestrian hit by car in New Brunswick who has those photos has evidence the insurer cannot argue away later.
A Same-Day Medical Visit Ties the Injury to the Collision
Go to an emergency room or walk-in clinic the same day. Adrenaline hides pain, and internal bleeding and concussion do not always show at the roadside.
The medical record from that first visit ties the injury to the collision. A gap of two weeks between the crash and the first doctor’s note gives the insurer room to say the injury came from something else.
Keep a daily note of pain, missed work and the things you cannot do. That record is what puts a number on the pain and suffering part of the claim.
Section B Benefits Come From the Driver’s Policy and Do Not Depend on Fault
Every standard automobile policy in New Brunswick includes Section B accident benefits. They are no-fault. A pedestrian hit by car in New Brunswick claims them from the policy on the vehicle that struck them, and it does not matter who caused the collision.
The insurer must be notified within 30 days. The claim form is Form AB-1, the Notice of Loss and Claim for Benefits. Miss the notice period and the insurer has a reason to delay or refuse.
Section B Pays $50,000 of Treatment and Up to $250 a Week
Medical and rehabilitation expenses are covered to $50,000 for up to four years. That pays physiotherapy, chiropractic care and prescriptions the provincial plan does not cover.
If you cannot work, Section B pays weekly indemnity of 80 percent of gross weekly income, to a maximum of $250 a week. It does not replace a salary. It keeps some money coming in while the lawsuit runs.
Total disability benefits continue only if you cannot perform any occupation you are suited for. Insurers read that definition narrowly. A Moncton injury lawyer will read it against your medical file and push back when the insurer stops paying early.
The Motor Vehicle Act Sets the Duties and the Insurer Argues Contributory Negligence
The Motor Vehicle Act sets the rules for drivers and pedestrians. A driver must yield to a pedestrian in a crosswalk. A pedestrian must not step off a curb into the path of a vehicle that cannot stop.
The driver’s insurer will use the second rule. Contributory negligence is the argument that the pedestrian was partly responsible: looking at a phone, wearing dark clothing at night, crossing mid-block. If a court accepts it, the damages are reduced by the pedestrian’s percentage of fault.
The answer is evidence. Tire marks, vehicle damage, lighting and sightlines show how fast the driver was going and how much time there was to stop. The firm reconstructs the collision from that evidence to keep the fault on the driver.
A Pedestrian Hit by Car in New Brunswick Usually Suffers Head, Spine and Limb Injuries
A car weighs several thousand pounds and a pedestrian has nothing between them and it. The head hits the hood, then the pavement.
Traumatic brain injury is common even at low speed because the head hits the hood or the road. Spinal cord injuries with paralysis happen too. Broken legs, pelvis fractures, road rash and internal organ damage round out the usual list.
Some of these injuries end a career. When that happens, a long-term disability lawyer should be looking at the disability policy at the same time as the injury claim.
PTSD and Anxiety Are Compensable Injuries
Post-traumatic stress disorder, anxiety and a fear of crossing the street are injuries in law. New Brunswick courts award damages for psychological harm caused by a collision.
The proof is a psychologist’s or psychiatrist’s record. If your mental health has changed since the crash, get treatment and get it documented. Untreated and unrecorded, it does not make it into the settlement.
What Is Your Claim Worth?
Damages come in two parts. General damages are for pain and suffering. Special damages are money lost and money spent.
Canada caps general damages for pain and suffering, but a permanent impairment still attracts a large award and a full recovery attracts a smaller one.
Special damages include lost wages, future medical costs, prescriptions and travel to appointments. They are proven with receipts and pay stubs, which is why the daily record matters.
Lost Future Earnings and Future Care Are Priced by Experts
A pedestrian who cannot return to their job claims the income they would have earned over the rest of their working life. That is a calculation of age, education, career path and probable retirement date, and it needs an economist’s report.
Future care is calculated the same way. Home modifications, attendant care and equipment are priced over a lifetime. The firm retains the experts who produce those reports, and their numbers set the demand.
The Lawsuit Runs From Statement of Claim to Discovery in the Court of King’s Bench
The lawsuit starts with a Statement of Claim filed in the New Brunswick Court of King’s Bench. It sets out the collision and the damages claimed.
The driver files a Statement of Defence. That is usually where contributory negligence first appears in writing. Discovery follows: both sides exchange documents and answer questions under oath.
Most pedestrian claims settle by negotiation or mediation. Some do not. Michael B. Murphy, KC, has over 40 years of practice and over 100 reported decisions, and the firm prepares every file on the assumption it will be tried.
The Limitation of Actions Act Gives Two Years to File
The Limitation of Actions Act gives two years to file the Statement of Claim, counted from the day the injury was known or ought to have been known. After that the claim is gone.
Two years is not long for the preparation involved. Medical records take months to gather, witnesses have to be found while their memory is fresh, and expert reports take time to commission. A file started at 22 months is a file started late.
Minors and people without capacity have different rules. Do not assume one applies to you.
Why Choose the Mike Murphy Law Group?
Michael B. Murphy, KC, is a former Attorney General and Minister of Justice of New Brunswick. The firm has five offices in Atlantic Canada, including Moncton and Saint John.
Personal injury claims are taken on a no win, no fee basis. There are no fees unless the firm recovers money for you.
The Firm Handles the Adjuster, the Court Filings and the Medical Evidence
The firm has represented thousands of Atlantic Canadians in injury claims, from a car accident claim to a wrongful death action. The firm deals with the adjuster, files the court documents and manages the medical evidence so the client can concentrate on treatment.
FAQ
How Long Does a Pedestrian Hit by Car in New Brunswick Claim Take?
Some claims settle within a year. Claims that go to trial can take several years. A claim should not settle before maximum medical improvement, because the release signed at settlement ends the claim for good and future costs cannot be added later.
What If the Driver Who Hit Me Fled the Scene?
A hit-and-run pedestrian can claim under the uninsured motorist coverage on their own policy, or through the Facility Association if they have none. The Section B benefits and the damages claim both still exist. The identity of the driver changes who pays, not whether a claim can be made.
Can I Still Claim If I Was Not in a Crosswalk?
Yes. Drivers owe a duty to pedestrians everywhere on the road, not only at crosswalks. Crossing outside one gives the insurer a contributory negligence argument and may reduce the award by a percentage. It does not end the claim.
What Should I Do If the Insurance Adjuster Calls Me?
Do not give a recorded statement and do not sign anything. The adjuster’s job is to reduce what the insurer pays, and an early statement is the usual way to do it. Refer the adjuster to your lawyer, who will handle every contact from then on.
How Much Does It Cost to Hire the Mike Murphy Law Group?
There are no upfront fees. The firm works on contingency, called no win, no fee. If the claim succeeds, the fee is a percentage of the settlement or judgment. If it does not, there is no fee.