Can I receive compensation if I was jaywalking during a pedestrian accident?
A: In Alberta, pedestrians have a duty to follow the rules of the road, just like motorists. Jaywalking, or crossing the street at a location other than a marked crosswalk or intersection, is considered a violation of traffic laws. If you were injured in a pedestrian accident while jaywalking, you might still be eligible for compensation, but your ability to recover damages could be significantly impacted by the concept of contributory negligence.
Under Alberta's Tort-Feasor and Contributory Negligence Act, if the injured party (the plaintiff) contributed to their injuries due to their negligence, the compensation they receive may be reduced in proportion to their degree of fault. In the case of jaywalking, if it is determined that your actions contributed to the accident, your compensation could be reduced accordingly.
The process of determining fault and apportioning liability in a pedestrian accident involving jaywalking typically involves the following steps:
Investigation: The legal team at Kantor LLP Personal Injury Lawyers will conduct a thorough investigation of the accident, gathering evidence such as police reports, witness statements, surveillance footage, and photographs of the scene.
Assessing negligence: The lawyers will assess the actions of both the pedestrian and the motorist involved in the accident. While jaywalking is a contributing factor, the motorist may still be held partially or fully responsible if they were speeding, driving under the influence, or distracted at the time of the accident.
Determining fault: Based on the evidence collected, the legal team will determine the degree of fault for each party involved in the accident. In some cases, the pedestrian and motorist may share responsibility for the accident, with each party assigned a percentage of fault.
Calculating compensation: The lawyers will consider the damages incurred by the injured pedestrian, including medical expenses, lost wages, pain and suffering, and other losses. The total compensation amount will then be adjusted based on the pedestrian's degree of fault in the accident.
Negotiating a settlement or proceeding to trial: Kantor LLP Personal Injury Lawyers will negotiate with the at-fault party's insurance company on your behalf to reach a fair settlement. If a satisfactory agreement cannot be reached, your case may proceed to trial, where a judge or jury will determine the final compensation amount.
It is essential to work with an experienced personal injury law firm like Kantor LLP Personal Injury Lawyers when pursuing compensation for a pedestrian accident, especially if you were jaywalking at the time of the accident. Their knowledgeable team will provide guidance and representation to ensure you receive the compensation you deserve, taking into account the specific circumstances of your case and the laws of Alberta.