By Adam Ueland
Lawyer – Simpson, Thomas & Associates
Pedestrians are particularly vulnerable to serious injury — a major accident could leave a pedestrian with bone fractures, a spinal cord injury, or a brain injury. The most serious pedestrian-automobile collisions can cause catastrophic injury or death.The main types of driver negligence that lead to pedestrian accidents in BC include:
Distracted Driving: The number of motor vehicle accidents caused by drivers who are texting, using a GPS, or otherwise distracted while operating a vehicle is ever-increasing.
Speeding: Exceeding the speed limit or driving too fast for the current road and weather conditions makes it difficult or impossible for a driver to react to a pedestrian or stop in time to avoid a collision.
Inattentive Left-Hand Turns: Pedestrians are more likely to be struck by a driver making a left-hand turn at an intersection when compared to right-hand turns, as a left-turning driver is focused on oncoming traffic.
Backing Up Without Checking for Pedestrians: Many pedestrian accidents occur when drivers back out of driveways or parking spots without checking their mirrors or looking behind them to ensure there are no pedestrians.
Other contributing factors to pedestrian vehicle accidents include poor weather such as fog and rain; slippery roads caused by rain, ice, or snow; and lighting conditions (for example, a pedestrian is typically less visible at night or when crossing at a poorly lit intersection).
In addition to the rules set out in BC’s Motor Vehicle Act, the law recognizes pedestrians are particularly vulnerable and therefore it is not enough for drivers of motor vehicles to merely follow the rules of the road. There is always a duty on motorists to avoid a collision, even when they have the right of way. So even a jaywalking pedestrian or pedestrian who was distracted by their cell phone while crossing the street may not be entirely at fault, if it was possible for the driver to avoid the collision.
Receive Legal Advice from an Experienced Personal Injury Lawyer
If you have been seriously injured in a motor vehicle accident, it is highly recommended that you consult with a personal injury lawyer. The personal injury lawyers at Simpson, Thomas & Associates are highly skilled and experienced in representing pedestrians injured in motor vehicle accidents, gathering evidence to establish their claim, and protecting their legal rights. If you or a loved one has been injured as a pedestrian in a motor vehicle accident, please call us today at (604) 689-8888 or visit www.simpsonthomas.com to request your free consultation.
Email address: aueland@simpsonthomas.com
Phone: 604 697 3987
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