Being hit by a vehicle while walking through a crosswalk is one of the most frightening and serious types of accidents. In a busy city like Calgary, pedestrian collisions can result in severe injuries and long-term consequences.
If you’ve been struck by a car in a crosswalk, understanding your legal rights—and what happens next—is essential. This guide explains how fault is determined, what compensation you may be entitled to, and why speaking with a lawyer can protect your claim.
Who Is at Fault in a Crosswalk Accident?
In most cases, drivers are required to yield to pedestrians at marked crosswalks. This means that if a driver hits you while you are lawfully crossing, they are often considered at fault.
However, fault is not always automatic. It may depend on factors such as:
- Whether the crosswalk was marked or controlled by signals
- Whether the pedestrian followed traffic signals
- Visibility conditions (nighttime, weather)
- Driver behavior (speeding, distraction, impairment)
Even if you share some responsibility, you may still be entitled to compensation under Alberta’s contributory negligence rules.
What Should You Do Immediately After the Accident?
If you’re hit by a car in a crosswalk, your actions in the moments afterward can impact your health and your legal claim.
1. Seek Medical Attention
Your safety comes first. Even if injuries seem minor, get checked immediately—some injuries may not show symptoms right away.
2. Call the Police
A police report is crucial for documenting the accident and establishing fault.
3. Gather Evidence
If possible, collect:
- Driver’s name and insurance details
- Contact information of witnesses
- Photos of the scene, vehicle, and your injuries
4. Avoid Making Statements About Fault
Do not admit blame or make assumptions about what happened.
5. Contact a Pedestrian Accident Lawyer in Medicine Hat
Speaking with a lawyer early can help protect your rights and prevent costly mistakes.
What Compensation Can You Claim?
Pedestrian accidents often result in serious injuries, which can lead to significant financial and personal losses. You may be entitled to compensation for:
- Medical and rehabilitation expenses
- Lost income and reduced earning capacity
- Pain and suffering
- Future care needs
- Out-of-pocket expenses
In severe cases, compensation may also account for long-term disability or life-altering injuries.
How Alberta’s Insurance System Applies
Alberta uses a system that includes both accident benefits and fault-based claims:
Accident Benefits
Regardless of who caused the accident, you may be eligible for benefits through the driver’s insurance policy, including medical coverage and income support.
Personal Injury Claim
If the driver was at fault, you can pursue a personal injury claim to recover additional damages beyond basic benefits.
What If the Driver Flees the Scene?
Hit-and-run accidents can be especially distressing. If the driver cannot be identified, you may still have options through Alberta’s Motor Vehicle Accident Claims Program (MVAC).
These claims have strict requirements and deadlines, making legal guidance particularly important.
Time Limits for Filing a Claim
In Alberta, you generally have two years from the date of the accident to file a personal injury lawsuit.
Acting early helps preserve evidence and strengthens your case.
Why You Should Speak to a Pedestrian Accident Lawyer
Pedestrian accident claims can be complex—especially when dealing with serious injuries or disputed liability. A lawyer can:
- Investigate the accident and gather evidence
- Establish fault and liability
- Handle communication with insurance companies
- Ensure your claim reflects long-term impacts
- Negotiate for fair compensation
Having legal support allows you to focus on recovery while your case is handled professionally.
Final Thoughts
Being hit by a car in a crosswalk in Calgary is a traumatic experience, but you don’t have to navigate the aftermath alone. Understanding your rights and taking the right steps early can make a significant difference in your recovery—both physically and financially.
If you’ve been injured, seeking legal advice can help ensure you receive the compensation you deserve.
Need Help After a Pedestrian Accident?
At AB Insurance Lawyer, we help injured pedestrians across Calgary and Alberta pursue fair compensation. Our team is dedicated to protecting your rights and guiding you through every step of the legal process.
Contact us today for a free consultation and take the first step toward recovery.
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