PEDESTRIAN ACCIDENT LAWYERS: ABBOTSFORD
ICBC Pedestrian Accident Claims – Abbotsford BC Office
Experienced pedestrian accident lawyers
Abbotsford was once a small town where it was safe to walk along the streets. Those “small town” days are, unfortunately, long gone. Abbotsford is now a bustling city that is growing every year. With this increase in population, there are more vehicles driving on our roadways. More vehicles, unfortunately, means it is less safe to walk along our streets. In this new environment, pedestrian accidents are becoming more common.
If you are a pedestrian who is struck by a vehicle, what are your rights? What if you were in a crosswalk at the time? What if you were jaywalking? At Bungay Law Office, our lawyers are available to answer these questions for you.
Bungay Law Office
(ICBC injury claims lawyers)
Abbotsford Pedestrian Accident Lawyers
Call us today for a free consultation
604-621-4431
*We now have an office in Surrey,
click for information: Surrey pedestrian accident lawyers/ICBC claims
Accidents in crosswalks – The motorist is usually wrong
When an accident occurs in the crosswalk, it is most often the motorist’s fault. This is because the law requires all drivers to yield the right of way to pedestrians. This is true no matter what time of day it is. No matter what color clothing you are wearing, motorists must watch carefully for you, and yield the right of way to anyone who is in a crosswalk. As one judge noted, a person in a crosswalk can “assume” they are safe to walk and the pedestrian “will share no responsibility” if struck in the crosswalk.
The only minor exception to this rule would be if the pedestrian did some very unusual actions such as running out onto the crosswalk without warning. However, even in that type of case, there is a strong likelihood the driver would share some fault.
If you are stuck in a crosswalk, it will be important to know your rights. Do not hesitate to call us and ask questions if you have been injured by someone else’s negligence.
Pedestrians hit while jaywalking – Vehicle still partially at fault
Many of the claims we have dealt with involve people who are “jaywalking”. Generally speaking, jaywalking is defined as crossing the road in an illegal manner. For example, if someone crossed the street against a “Don’t Walk” symbol, this could be considered jaywalking. Another example would be if someone tried to run or walk across a busy 4 lane road in an area where there was no crosswalk.
A vehicle driver does not get a free pass if they hit someone who is jaywalking. The driver may still be at fault depending on the circumstances. Even if someone is jaywalking, every driver is required by law to use caution while driving. So, for example, if the evidence showed a driver was not paying attention or was talking on a cellphone, that driver could still be held partially responsible if they hit someone who was jaywalking.
Usually, ICBC automatically blames pedestrians who are struck while jaywalking. This is not fair, as a person should be judged based on all of the evidence. For example, what if the pedestrian was a child who did not have the same maturity as an adult? Or what if the driver was talking on a cell phone or driving too fast? ICBC may not consider all of the evidence because it is not in their best interests to do so. ICBC is a business, and they want to save money. Remember, ICBC has to pay money if the driver is responsible, so they may jump to conclusions about an accident being a pedestrian’s fault.
We make sure all the facts are known
If you are hit as a pedestrian, our lawyers investigate the accident and make sure all the relevant facts are known. We want to make sure that ICBC does not attempt to blame you for the accident. Remember, if ICBC does blame you, even partially, this means you get less money or possibly even no money for your injuries.
We protect your right to compensation by using our legal skills to ask tough questions. For example, we will get copies of all police records and make sure all witnesses are interviewed. In very difficult cases, our law firm hires private investigators to find and question witnesses. Many times, the people who witnessed your accident may be uncooperative, or hard to locate. Our professional investigators locate these witnesses, knock on their doors, and obtain statements about what happened. We then provide these statements to ICBC in support of your case.
Pedestrian accidents – Big injuries – ICBC will fight hard
In our experience, ICBC often fights pedestrian accidents much harder than it does other types of accidents. This is likely due to the fact that the injuries in pedestrian claims are usually more serious than in other types of accidents. How does ICBC fight harder? In our experience, they will try very hard to look for reasons to blame the pedestrian. Further, ICBC usually tries to “investigate” your private life in a more aggressive way. For example, in these types of claims, ICBC will search social media to try and find any photos of you that might suggest you are not injured. They may investigate your Facebook and Instagram. In some cases such as these, ICBC even hires investigators to follow you and video/record your daily life.
ICBC takes these aggressive actions because they do not want to pay the larger cash settlements that usually go along with pedestrian claims. If they can get any “dirt” on you, ICBC will use that information to try and leverage you and convince you to take less money.
An experienced accident lawyer can help you sort through this mess of personal investigation. We can advise you what steps to take to avoid having ICBC snooping in your personal life. We can also make sure ICBC is acting legally appropriate in any type of investigation they are doing. If ICBC does gather any evidence against you, we examine how the evidence was gathered. If ICBC did not properly follow legal rules in getting your personal information, we can fight to ensure this information is not used against you.
Bungay Law Office
(ICBC injury claims lawyers)
Abbotsford Pedestrian Accident Lawyers
Call us today for a free consultation
604-621-4431
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