If a vehicle hit you while you were walking, Alberta law starts from a position that favours you. Under the Traffic Safety Act, the driver must prove they were not negligent — not you. Although the starting point is on your favour, you can still be found partly at fault, which reduces what you recover.
I am Joseph A. Nagy, and I am an experienced Edmonton personal injury lawyer and pedestrian accidents lawyer. The experienced lawyers at Joseph A. Nagy Injury Law deal exclusively with injuries resulting from motor vehicle accidents, including pedestrian accidents. We serve clients throughout central and northern Alberta.
Did you know that a crosswalk does not have to be “marked” to be a crosswalk? If you were injured by a motor vehicle in a marked or unmarked crosswalk, call (780) 760-4878 (HURT) or contact me, Joseph A. Nagy. I can recommend the required steps to ensure the insurance company treats you fairly.
Injury lawyers based in Alberta who deal with pedestrian accidents know
If you have been injured in a pedestrian accident, please call (780) 760-4878 (HURT) or contact me, Joseph A. Nagy to tell me about your accident. We can discuss the steps I recommend to make sure you obtain the compensation you deserve. I offer free consultations, and you are under no obligation to hire me as your pedestrian accident lawyer.
Learn more about my team of personal injury experts and how I use personal injury experts to help my clients obtain better compensation from insurance companies.
To learn more about how an injury lawyer can help you, read Top 5 Reasons to Hire an Edmonton Injury Lawyer by Joseph A. Nagy.
Alberta law starts from a position that favours the pedestrian. Under section 186 of the Traffic Safety Act, where someone is injured by a motor vehicle in motion, the driver carries the burden of proving that damages did not arise through their negligence — the reverse of the usual rule. The pedestrian does not have to prove the driver was careless; the driver has to prove they were not. This provision does not apply to collisions between motor vehicles. It matters where fault has to be proved — that is, in a claim against the at-fault driver, for accidents before January 1, 2027. For accidents on or after that date, Alberta changes to no-fault insurance. You lose the right to sue. Benefits are paid regardless of fault, and the reverse onus has no role in most claims. That sounds good, but in our view actually favours insurance companies over injury victims. See No-Fault Insurance in Alberta: What “Care-First” Means for Injured Albertans.
Alberta’s Contributory Negligence Act states that liability to make good on damage or loss is proportionate to each person’s degree of fault. The amount of damages or loss, fault, and degrees of fault are questions of fact. Facts like the following may render a pedestrian partly at fault:
To make sure you are treated fairly by the insurance companies, I urge you to call an injury lawyer experienced in handling pedestrian accident claims. You can call (780) 760-4878 (HURT) or contact me, Joseph A. Nagy, to discuss your case and the steps I can recommend so that you obtain the compensation you deserve. I offer free consultations, and you are under no obligation to hire me as your pedestrian accidents lawyer.
Common causes of vehicle-pedestrian accidents include the at-fault driver
A claim is still possible. Crossing outside a crosswalk may make a pedestrian partly responsible, and damages are reduced by that share under the Contributory Negligence Act. The driver’s obligation to keep a proper lookout and drive at a speed safe for the conditions still applies. Drivers are frequently found substantially at fault even where the pedestrian was not crossing lawfully. This description applies to accidents before January 1, 2027. After that date, a pedestrian’s own share of fault does not reduce Care-First benefits, though it can affect them in other ways set out in the Act.
In Alberta, a crosswalk does not need to be marked. The Use of Highway and Rules of the Road Regulation defines a crosswalk as follows:
(d) “crosswalk” means
that part of a roadway at an intersection included within the connection of the lateral line of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the roadway, or
any part of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs or by lines or by other markings on the road surface.
If you were involved in a pedestrian accident and have questions about your case and the applicable Alberta laws, you can call (780) 760-4878 (HURT) or contact me, Joseph A. Nagy, to discuss your accident. I can recommend the steps you should take to obtain fair compensation from the insurance company. You are under no obligation to hire me as your pedestrian accident lawyer.
Learn more about my team of personal injury experts and how I use use personal injury experts to help my clients obtain better compensation from insurance companies.
Alberta’s Motor Vehicle Accident Claims Program covers injuries caused by unidentified and uninsured drivers, up to a combined maximum of $200,000 shared among all victims of the collision. Written notice must reach the Administrator within 90 days of the incident, and the two-year limitation period still applies. Report to police immediately and get medical attention the same day. This description applies to accidents before January 1, 2027; how the program operates alongside Care-First after that date is not yet settled.
It depends on the date of the accident. Accidents before January 1, 2027 fall under Alberta’s current system, which preserves an injured pedestrian’s right to pursue a claim against the at-fault driver. Time limits still apply, so it is important not to wait. For accidents on or after that date, Alberta’s Care-First system removes the right to sue in almost all cases. Pedestrians remain covered: benefits are accessed through the insurance policy of the vehicle involved, whether or not the pedestrian owns a vehicle or carries insurance.
You deserve a personal injury lawyer who knows local laws, stands up to the insurance company, and gets you all the compensation you deserve.
