The “Right of Way” Explained
In Vancouver, pedestrian accidents occur with alarming frequency, and oftentimes they end fatally. In the majority of cases, the accident could have been avoided altogether if both the drivers, and the pedestrians had a clear understanding of the right of way.
Restrictions To Pedestrians' Right of Way
Many pedestrians believe their right of way is absolute in regards to crosswalks, and technically, they are right, but only if they disregard their obligation to exercise caution to protect their own safety, as well as the safety of others.
Stepping out into oncoming traffic, crosswalk or not, without looking left and right and waiting for a large enough gap between cars, cannot be done without disregarding your own and other people's safety. Thus, as per Car Accident Lawyer in Delta, your right of way as a pedestrian doesn't automatically grant you impunity.
ICBC Claims And Liability
There are three main questions the ICBC asks, before they declare who will be held liable for a pedestrian accident:
• Were the pedestrian's actions reasonable and rational?
• Did the pedestrian and driver pay proper attention?
• Was the pedestrian crossing at a crosswalk?
With this being noted, it is still dependent on the specific situation how liability will be divided between the involved parties. Outside influences such as road conditions, the weather, the color of the pedestrian's clothing, also come into play as fault is determined.
Broadly speaking, the driver of the vehicle will be blamed in cases where the pedestrian was crossing a crosswalk, though not necessarily entirely. However, there are also situations in which the pedestrian will be held partly, if not fully, responsible. Situations such as:
• The pedestrian suddenly moved in front of the vehicle, leaving not enough room for the driver to brake on time and avoid collision.
• The pedestrian didn't cross the street at a crosswalk.
• The pedestrian didn't act in a rational way and thus put themselves and/or others in danger.
However, even in these situations, the pedestrian can still hire an ICBC lawyer in Vancouver, if they got injured and build a case against the driver.
Connected to the last sentence from the section above, pedestrians are entitled to Accident Benefits if they got injured in a pedestrian accident. This is to cover expenses regarding medical treatment and rehabilitation. Maximum coverage is capped at $150,000 regardless of whether the pedestrian was determined to be partly liable for the accident. However, it is important to consult with a professional legal counsel so that they are able to give you the right advice and help you file for compensation before the Statute of Limitations run out.