Calgary Pedestrian Accident Lawyers

Calgary is a busy, walkable city, but pedestrian accidents happen—often due to negligent drivers. In 2022, there were 120 pedestrian involved accidents alone on Calgary roads. If you’ve been injured in a pedestrian accident in Calgary, you don’t have to face the insurance companies alone.

At Litco Law, we:

Investigate the cause (whether it’s speeding, distracted driving, or poor signage)
Our Calgary pedestrian accident lawyers will fight to hold the responsible parties accountable.

Insurance companies may push for a quick, low settlement, but we’re here to balance the power and ensure you get the compensation you deserve.

WATCH THE VIDEO

Learn more about what to expect from our free consultation or speak with our legal team to book a free consultation today.

Book a free consult

Insurance Companies – A Word of Caution

Is the driver always at fault in a pedestrian accident?

In many cases, yes. But not always. Fault is a tricky subject, and Alberta Courts have held that fault (and negligence) can be assigned proportionally to drivers and pedestrians.

In an accident where a pedestrian is hit by a driver, this means that the pedestrian and driver can share in the blame depending on how the accident happened.

Example:

A pedestrian might bear 0% of the fault and the driver 100%, or they each may share 50% of the fault, or any other proportion that fits the facts of the case. Although many drivers are at least partially to blame for most accidents involving pedestrians, insurance companies may lead victims to believe otherwise.

Contributory Negligence

If you are a pedestrian injured in an accident, something you did (or failed to do) might have contributed to the accident happening – this is known as Contributory Negligence.

Examples of Contributory Negligence:

Jaywalking or crossing outside of a crosswalk.
Ignoring traffic signals (e.g., crossing against a red light)

In these cases, you might have done something wrong but that doesn’t mean you’re entirely to blame.

How Insurance Companies Use Contributory Negligence Against You

Insurance companies may suggest that a greater portion of blame for the accident rests on you, or claim you were partially or entirely at fault. It’s important to talk to a lawyer to discuss what, if any, percentage you may be found contributorily negligent by Alberta courts.

“Insurance companies benefit if they can increase your percentage of fault. And they may try to blame the accident on you, even if you are not at fault, especially if the driver they represent says you caused the accident.”

– Jonathan Noorduyn, Personal Injury Lawyer and President, Litco Law

Why Does This Matter?

The greater your percentage of fault, the less compensation you receive.

Example:

If your claim is worth $200,000 but you are found 50% at fault, you would only receive $100,000.

Want to know how much your claim is worth or learn more about Contributory Negligence? Contact us today.

Proving Fault Requires Investigation

Determining fault is a difficult task that requires investigation, gathering and reviewing evidence, reviewing and applying the law, and in many cases hiring experts such as engineers or accident reconstruction specialists. A Personal Injury Lawyer can not only help with all of this, but protect your rights, prevent you from being blamed for an accident you didn’t cause, and ensure that you receive a fair settlement.

What to Do If You’re Injured in a Pedestrian Accident

Your health comes first

Regardless of the kind and level of injuries, if you are a pedestrian and have been injured in a motor vehicle accident, the most important thing is your health. Get medical treatment right away and follow the advice of your doctor and other medical specialists and treatment providers.

What to Do After a Pedestrian Accident in Calgary : Steps to Protect Your Health and Legal Rights

If you’ve been involved in a pedestrian accident, taking the right steps can make all the difference. Here’s what to do:

Get Medical Help: Even if you don’t feel injured right away, shock and adrenaline can mask symptoms. A doctor can assess your condition and create a medical record, which may be important if you decide to pursue a claim.
Gather Evidence: Snap photos of the accident scene, your injuries, and any damage. If there are witnesses, get their contact details and write down everything you remember while it’s fresh.
Report the Accident: Notify the police and ensure an official report is filed.
Speak with a Personal Injury Lawyer: Getting legal advice early on can help protect your rights and ensure you take the right steps toward fair compensation.

Gathering Evidence for a Pedestrian Accident

The procedure for auto-on-auto accidents is fairly well understood. Both drivers will usually…

Exchange insurance information
Take photographs
Talk to witnesses
File a police report

Pedestrians involved in an accident are often seriously injured or in such shock at the time of the accident that they are unable to take these steps, gather this important information or even act as a witness to their own case, leading to loss or lack of evidence about how the accident happened.

A Pedestrian Injury lawyer is skilled at gathering evidence after the fact and determining what really happened at the scene of an accident. The sooner you contact a Personal Injury lawyer, the better, to ensure that all witness accounts are accurately collected while memories are fresh and witnesses can be located. The further in time you get from the accident, the more difficult it may become to accurately reconstruct what happened at the scene.

At Litco Law, we will do everything possible to collect all the evidence needed to build a strong case on your behalf. We’ll be in your corner, guiding you every step of the way, advocating for you to ensure you get the best possible result.

Pedestrian Injury and Section B Benefits

The Reality of Pedestrian Accidents

It will come as no surprise that pedestrian injuries tend to be more severe and lead to more deaths.

While pedestrian accidents made up only about 6.8% of all road injury accidents in 2015 according to Alberta Transportation, they accounted for a significantly higher number of fatal accidents at about 10.9%.
Pedestrians are vulnerable and no match for the size and speed of a vehicle. If a pedestrian survives an accident, the injuries are often life-changing. Drivers have a duty to watch for pedestrians, but pedestrians also need to be alert and aware of their surroundings.

Common injuries that result from a car hitting a pedestrian include:

Cuts and bruises;
Facial injuries;
Neck injuries;
Internal injuries;
Concussions and head injuries;
Traumatic brain injuries;
Spinal cord injuries;
Broken bones;
Amputations;
Orthopaedic injuries;
Psychological injuries; or
Loss of life.

What Are Section B Benefits?

In Alberta, all vehicle insurance policies offer no-fault accident benefits known as Section B benefits.

If you have been hit by a car while you were walking and you were injured, you are entitled to have a portion of certain medical treatments paid for through Section B benefits, regardless of who was at fault, provided that the driver of the car had valid Alberta insurance.

If the driver was uninsured, you may still be able to get Section B coverage in another way. Call or email us for help and details. You can also download Section B forms here. The sooner you access Section B benefits, the sooner you get back on the road to better health.

If you need any help accessing or filling out the forms or if you have questions about Section B benefits, please contact us to speak with our legal team today.

Hit-and-Run Accidents and Uninsured Drivers in Alberta

Drivers may be more likely to panic after hitting a pedestrian, sometimes resulting in a hit and run. If you were struck by a vehicle and the driver fled the scene, you may be wondering whether it’s even possible to make a claim for compensation.

Can I Still Make a Claim After a Hit and Run?

Yes. If this has happened to you, get in touch with an experienced Personal Injury lawyer right away. Here’s why:

There are important legal deadlines to meet.
As time passes, it becomes harder to gather evidence needed to identify the driver.
At Litco Law, we’ll do everything we can to help track down the responsible party.

If the at-fault driver cannot be identified or does not have insurance, you may still be eligible for compensation through Alberta’s Motor Vehicle Accident Claims Program (MVAC).

Our Calgary Pedestrian Accident lawyers understand the complexities of dealing with hit and run accidents and uninsured drivers. If there’s a way to get you compensation, we’ll find it—and pursue legal action on your behalf.

What Is My Settlement Worth?

Before You Settle: Our Top Tips

Tip #1:
In our experience, it’s best not to sign anything or accept a settlement offer before speaking with a lawyer who understands Pedestrian Accident claims.

Tip #2:
We recommend waiting to settle your claim until you have a clear picture of how your injuries may affect you long-term.

Why It’s Risky to Accept a Quick Offer

Insurance companies often:

Offer quick settlements in hopes you’ll accept before hiring a lawyer.
Ask you to sign waivers releasing others from liability.
Settle before you realize the full extent of your injuries.

Talk to a lawyer before agreeing to anything. The value of your claim depends on:

The severity of your injuries
How your injuries impact your ability to work
Effects on your daily life and long-term health
Other factors unique to your situation

At Litco Law, our Calgary accident lawyers will fight for the maximum compensation you’re entitled to—and you don’t pay us unless we win.

Know Your Deadlines

In Alberta, you typically have two years from the date of the accident to file a claim in court.

However:

Other important deadlines may apply.
Certain circumstances could affect this time limit.

If you’re unsure about the limitation period, reach out to our team for a free consultation.

Have questions about the Alberta government’s proposed shift to a no-fault (Care-First) system? Wondering how it will impact injured Albertans?

Learn more here.

Our Calgary Pedestrian Accident Lawyers Are Here For You.

We hope this article helped clarify your options, but nothing replaces personalized legal advice. The good news? You can speak to one of our experienced Pedestrian Injury lawyers—for free.

At Litco Law, we’ve been helping injured Albertans since 1976.