Understanding Pedestrian Accidents in New Brunswick
When a pedestrian is hit by a vehicle, one of the questions they may end up having is: “Who pays for my injuries?” The answer depends on fault and available insurance coverage, but there are a few general principles that everyone should be aware of.
Here’s what to know if you are a pedestrian and if you are injured:
1.Accident Benefits / No-Fault Benefits
In New Brunswick, pedestrians can still access Accident Benefits regardless of who caused the collision and even if the pedestrian does not have insurance of their own. These benefits come from the driver’s insurance policy and may cover:
• Medical;
• Income;
• Housekeeping; and
• In the event of a fatality, funeral and death benefits.
2.Making A Claim Against the At-Fault Driver
If the driver of the vehicle was negligent, the pedestrian can usually pursue a claim for injuries caused by the accident. Where applicable, they can pursue a claim for things like:
• Pain and suffering;
• Lost wages and loss of earning capacity;
• Other damages caused by the accident.
3.Shared Fault / Contributory Negligence
Sometimes both the driver and the pedestrian share responsibility for causing the accident. In those cases, compensation may still be available, but damages are reduced by the pedestrian’s percentage of fault.
4.Hit-and-Run or Uninsured Driver Cases
If the driver that hits a pedestrian drives off or doesn’t have insurance, the pedestrian can still make a claim through various resources. They include:
• Uninsured automobile coverage, through your own insurance, if available;
• Provincial Uninsured automobile fund.
Pedestrian accidents can create complicated insurance situations and can be challenging to figure out. Speaking to a personal injury lawyer early ensures evidence is preserved, deadlines are met, and you receive the full compensation you’re entitled to.
Correia & Collins represents car accident victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.
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I had a hunch I could use my unique skill set to benefit my fellow citizens, and judging by the many cases I’ve helped win in the time since, my hunch was right. Seeing my clients get the compensation they deserve is a source of immense pride, as are my three sons. Oh, and the Boston Red Sox.