A pedestrian accident can transform a normal day into a life-changing event. When someone walking — whether crossing a street, on a sidewalk, or even in a parking lot — is struck by a vehicle, the consequences are often severe and long-lasting. Beyond the physical harm, victims face emotional trauma, financial uncertainty, and complex legal challenges. In Alberta, people injured in these types of crashes have legal rights and avenues to pursue compensation — but navigating the process can be overwhelming without the right guidance.
In this article, we’ll explore what pedestrian accidents involve, why they’re serious, what your legal rights are if you’re injured, and how a trusted personal injury lawyer — like Shiv Ganesh of ABI Insurance Lawyer — can help you recover the compensation you deserve.
Why Pedestrian Accidents Are Especially Dangerous
Pedestrians are among the most vulnerable road users because they lack the protective safety features of vehicles. When a car, truck or other motor vehicle collides with someone on foot, the injuries can be catastrophic. Common physical harms include:
- Traumatic brain injuries (TBIs) and concussions
- Spinal cord injuries and paralysis
- Fractures and orthopedic trauma
- Internal organ damage and long-term chronic pain
- Psychological trauma such as PTSD
Even accidents that appear “minor” at first can develop into significant long-term health conditions. Because of this, pedestrian collisions often require extensive medical care, rehabilitation, and support — which underscore the importance of understanding both your health and legal rights post-accident.
Your Legal Rights After a Pedestrian Accident in Alberta
Under Alberta law, pedestrians who are struck by vehicles generally have strong rights to compensation. The province’s laws actually presume that the driver is at fault in most pedestrian-vehicle collisions, unless the driver can prove otherwise. This means injured pedestrians often have a valid legal claim even if the circumstances seem unclear.
Here’s what you need to know about how these claims work:
- Legal presumption of fault: Drivers are usually presumed negligent when they hit someone on foot, unless they can show they took all reasonable care.
- Comparative negligence: If both the driver and pedestrian share fault (e.g., pedestrian jaywalking), compensation can still be recovered — just reduced based on the percentage of responsibility.
- Compensation sources: Most claims are paid through the at-fault driver’s insurance. If the driver is uninsured or fled the scene, other programs like Alberta’s Motor Vehicle Accident Claims (MVAC) can provide financial recovery.
- Time limits: There are legal deadlines for filing claims and giving proper notice, so acting promptly is critical.
Steps to Take After a Pedestrian Collision
If you or someone you love has been injured as a pedestrian, the immediate steps you take can have a significant impact on your ability to recover compensation later on. Experts recommend the following actions:
- Call emergency services: Police and paramedics should attend the scene for safety, evidence, and documentation.
- Seek medical attention: Even if injuries seem minor, early treatment documents your condition and prevents complications.
- Collect evidence: Photograph the accident scene, road conditions, vehicle damage, and any visible injuries.
- Get driver and witness information: Names, contact details, license plates, and insurance information are essential for your claim.
- Report the incident to police: This official report is often used later in legal and insurance processes.
- Avoid detailed insurer statements without legal guidance: Insurance adjusters may use your words in ways that reduce your compensation.
- Talk to a lawyer early: Immediate legal involvement helps preserve evidence and meet legal deadlines.
Types of Compensation You May Be Entitled To
After a pedestrian accident, injured individuals may recover a range of damages, including:
- Medical expenses: Both current and future costs for treatment, therapy, and assistive devices.
- Lost wages and future income loss: Compensation for missed work now and any future earnings you may lose due to long-term impairment.
- Pain and suffering: Recognition of physical pain and emotional distress resulting from the accident.
- Loss of enjoyment of life: Compensation for activities and experiences you can no longer enjoy.
These forms of compensation account for both tangible and intangible impacts on your life, making full legal representation especially important.
How a Personal Injury Lawyer Makes a Difference
Facing an insurance company after a pedestrian accident can be intimidating. Insurance adjusters often minimize settlement offers or dispute fault to protect the company’s bottom line. This is where a dedicated lawyer becomes vital — especially one with insider experience.
At ABI Insurance Lawyer, principal lawyer Shiv Ganesh spent years working inside the insurance industry. That background gives his team a unique perspective on how insurers evaluate and defend claims — an advantage they use to challenge tactics that reduce compensation and advocate for injured pedestrians.
Here’s how skilled legal representation benefits your case:
- Insider insight: Knowledge of how insurers think and evaluate claims helps identify weak defenses and strengthen your position.
- Thorough investigation: Lawyers gather evidence, medical documentation, and expert analyses that prove negligence and the extent of your injuries.
- Effective negotiation: Legal professionals negotiate with insurance companies to secure fair settlements that reflect your actual losses.
- Trial readiness: If negotiations fail, your lawyer prepares your case for court — ensuring documentation and legal strategy are robust.
- Support throughout: From initial consultation to final resolution, a lawyer guides you through each step with clarity and advocacy.
Importantly, many personal injury firms — including ABI Insurance Lawyer — work on a contingency-fee basis, meaning you don’t pay legal costs unless compensation is won.
Conclusion: Protect Your Future After a Pedestrian Accident
Being involved in a pedestrian accident is a traumatic experience that can change the course of your life. Beyond recovery from physical injuries, navigating the legal and financial aftermath requires careful attention and experienced guidance. Because the legal system and insurance industry can be complex and adversarial, pursuing professional representation is almost always in your best interests.
If you’ve been injured while walking, remember this: Alberta law tends to favour pedestrians who are struck, and you may be entitled to comprehensive compensation for your injuries, loss of income, and pain and suffering. With the right legal team — such as Insurance Lawyer and Shiv Ganesh advocating for you — you’ll have the support, strategy and dedication needed to protect your rights and help rebuild your life.