Getting hit by a vehicle is every pedestrian’s nightmare and one of the most confusing situations to navigate legally. Who’s at fault? What if you were jaywalking or crossing outside a marked crosswalk?
If you’ve been injured as a pedestrian in Alberta, it’s normal to feel uncertain about your rights and whether you can make a claim. At Litco Law, we help Albertans make sense of these questions every day. Because even when things aren’t black and white, you still deserve support and answers.
Understanding Pedestrian Liability in Alberta
In Alberta, the law recognizes that pedestrians are among the most vulnerable of those on the road. That’s why drivers must watch for pedestrians and do everything reasonably possible to avoid a collision, even when a pedestrian may not be crossing in a crosswalk.
When a pedestrian accident happens, fault is determined based on negligence, meaning each party’s actions are reviewed to see who failed to take proper care.
Common examples of driver negligence include:
- Distracted or impaired driving
- Speeding or failing to yield
- Ignoring crosswalks or school zones
- Turning without checking for pedestrians
But what if the pedestrian was jaywalking? Let’s break it down.
Can You Still Make a Claim If You Were Jaywalking?
Short answer: Yes. In many cases, you can.
Jaywalking (crossing the road outside a crosswalk or against a signal) may affect how fault is shared, but it doesn’t automatically make the pedestrian fully responsible. Under Alberta’s Contributory Negligence Act, responsibility can be split between the pedestrian and the driver based on what happened, meaning you may still be entitled to compensation.
For example (hypothetical only):
- If you were crossing mid-block but the driver was speeding or distracted, responsibility could be shared. In that kind of situation, you may still be able to recover compensation, though your recovery could be reduced if you’re found partly at fault.
In other words, you don’t lose your right to seek compensation just because you were jaywalking. Every case is different, and it’s worth speaking with an experienced personal injury lawyer to understand where you stand.
Alberta’s “Drive to Zero” Campaign: Why Pedestrian Safety Matters
The Join the Drive to Zero initiative is a collaboration between the City of Calgary and the Calgary Police Service. Their mission is to eliminate serious injuries and fatalities on Alberta roads. The campaign reminds both drivers and pedestrians that road safety is a shared responsibility.
Some key takeaways from Drive to Zero include:
- Drivers must slow down and stay alert in residential and high-pedestrian areas.
- Pedestrians are encouraged to make eye contact with drivers, avoid distractions like phones, and cross safely where possible.
- Everyone on the road, whether on four wheels or two feet, plays a part in keeping each other safe.
Unfortunately, even with campaigns like this, pedestrian collisions continue to happen across Alberta. And when they do, the consequences can be life-changing.
What To Do After a Pedestrian Accident in Alberta
If you’ve been hit by a car, here’s what to do, even if you think you might be partly at fault:
- Get medical attention immediately. Your health and safety come first.
- Report the accident to the police. A report helps establish key facts early.
- Gather and keep record of evidence. Photos, witness info, and driver details can make a big difference later.
- Don’t feel pressured to speak with the other party’s insurance company. They may try to downplay your injuries, shift blame, or pressure you to accept a low payout.
- Be careful what you say.
- You are under no obligation to speak with them or accept an offer.
- Consider talking to an injury lawyer.
- Speak with a personal injury lawyer. Booking a free consultation with lawyer can help you understand what you’re entitled to and determine whether you have a claim (even if you were jaywalking).
Note: In Alberta, you generally have up to two years from the date of an accident to start a court claim. If that deadline is missed, you may lose the right to seek compensation. That said, it’s important not to wait as other deadlines or factors can sometimes shorten this timeline or affect your claim. Speaking with a lawyer early helps ensure your rights are fully protected.
You Still Have Rights, Even If You Weren’t in a Crosswalk
Being injured as a pedestrian can change everything. You shouldn’t have to navigate complex insurance rules on your own. Whether you were using a crosswalk or crossing mid-block, you still deserve fairness.
At Litco Law, we’ve been helping injured Albertans since 1976, and we’re Alberta’s largest personal injury law firm. Our team will listen to your story, explain your options in plain language, and handle the legal side of things so you can focus on healing.
Book a free consultation or call us anytime to speak with our legal team. Your consultation is completely free, and you don’t pay us until your case is resolved.