Being hit by a vehicle as a pedestrian is a frightening experience. In the moments and days that follow, it’s completely normal to have questions.
Do I have a claim?
What if I wasn’t in a crosswalk?
What if I think the accident was partly my fault?
Many injured pedestrians assume they don’t have a case and never speak with a lawyer. Others are worried they can’t afford a lawyer (more on this later). As a result, many injured pedestrians never realize the full range of options available to them. One piece of Alberta law that may be relevant in a situation where a pedestrian has been injured by a motor vehicle is something known as “reverse onus.”
Unlike most personal injury claims, where the injured party usually has to demonstrate someone else was negligent, in situations where the reverse onus applies, it is the driver who has to demonstrate they did not act negligently. That doesn’t automatically mean every pedestrian has a successful claim. But it does mean many injured pedestrians may have stronger claims than they realize.
If you’ve been hit by a vehicle anywhere in Alberta, it’s worth speaking with a lawyer. At Litco Law, consultations are always free, and you are never under any obligation to hire a lawyer.
Key Takeaways
- Alberta has a legal rule called reverse onus that often applies when a pedestrian is struck by a vehicle.
- In many cases, the driver must demonstrate that they were not negligent.
- You may still have a claim even if you weren’t in a marked crosswalk.
- Being partly responsible doesn’t necessarily prevent you from recovering compensation.
- At Litco Law, you won’t pay legal fees unless and until your claim is successfully resolved.
What Is Reverse Onus in Alberta?
In your typical motor vehicle accident claim where two or more vehicles are involved, the injured person has to demonstrate that another person acted negligently in causing their injuries. Pedestrian accidents are often different. When a motor vehicle strikes a pedestrian, Alberta law generally starts with the presumption that the driver was negligent unless they can show otherwise. This legal principle is commonly known as reverse onus.
Instead of the pedestrian having to demonstrate the driver acted inappropriately in a manner that caused the accident, the driver must show they exercised reasonable care and that they conducted themselves appropriately throughout the accident.
This rule of reverse onus provision in Alberta’s Traffic Safety Act recognizes the significant imbalance in an accident between a motor vehicle and a pedestrian.
Does Reverse Onus Mean the Driver Is Automatically at Fault?
No. Reverse onus does not mean the driver automatically loses or that every pedestrian has a successful claim. Drivers still have the opportunity to present evidence showing they acted reasonably.
The court may consider factors such as:
- Visibility
- Weather conditions
- Road conditions
- Traffic signals
- The pedestrian’s actions
- Witness statements
- Dashcam footage
Every pedestrian accident is unique, and responsibility depends on the specific details of the incident.
What If I Wasn’t in a Crosswalk When the Accident Happened?
Many people assume:
“I wasn’t in a crosswalk, so I don’t have a claim.”
This is one of the biggest misconceptions we hear. Even if you crossed mid-block or outside a designated crosswalk, you may still be entitled to compensation depending on the circumstances of the accident. Drivers are expected to keep a proper lookout for pedestrians and take reasonable steps to avoid collisions whenever possible.
For example:
Imagine you’re crossing the street mid-block at dusk. A driver doesn’t see you until the last second and strikes you. Many people would assume that’s automatically the pedestrian’s fault. But what if the driver was speeding, texting, or driving recklessly? Under Alberta’s reverse onus rules, the driver may still need to demonstrate they exercised reasonable care before responsibility is determined.
Every situation is different, which is why it’s important not to rule anything out before speaking with a lawyer.
What If I Was Partly at Fault in a Pedestrian Accident in Alberta?
Many pedestrian accidents involve shared responsibility. For example, the court may consider whether you were:
- Crossing outside a crosswalk
- Crossing against a pedestrian signal
- Wearing dark clothing at night
- Stepping into traffic unexpectedly
Even if one or more of these factors applies, it doesn’t necessarily prevent you from recovering compensation. Alberta follows the principle of contributory negligence, which means more than one person can share responsibility for an accident. If you’re found to be partly responsible, your compensation may simply be reduced to reflect your share of responsibility.
Many successful injury claims involve situations where fault is shared.
What Compensation Could Be Available for a Pedestrian Accident?
A pedestrian accident can affect nearly every part of your life. Depending on your injuries and how they’ve impacted you, you may be entitled to compensation for both your financial losses and the personal impact of the accident.
Compensation may include:
- Pain and suffering
- Lost income
- Future loss of earning capacity
- Medical expenses
- Rehabilitation costs
- Housekeeping assistance
- Emotional distress
- Loss of intimacy
- Future care needs
- Out-of-pocket expenses
Every claim is different, and the compensation available depends on the specific facts of your case.
Do I Need a Lawyer After a Pedestrian Accident?
Not every pedestrian accident requires legal representation. But if you’re unsure whether you have a claim, it’s worth getting legal information before making decisions that could affect your rights. Many people contact us simply because they aren’t sure whether they even have a case. That’s exactly what a consultation is for.
In your free consultation, we’ll explain:
- Whether reverse onus may apply
- Whether you may have a claim
- Types of compensation that could be pursued (Note: be cautious with AI-generated claim value estimates, as they are often inaccurate)
- What the claims process looks like
- What happens if you decide to move forward
If we don’t think pursing a claim is the right next step, we’ll tell you. Our goal is simply to help you make an informed decision. There’s no pressure and no obligation.
Why Contact Litco Law?
We know many people hesitate to contact a lawyer because they’re worried about legal fees or feeling pressured to move forward. That’s not how we work.
When you contact Litco Law, you can expect:
- Free consultations. Get answers to your questions with no obligation.
- No hourly billing. We work on a contingency fee basis and only get paid if and when your claim is successfully resolved. We also cover the cost of disbursements while your claim is ongoing.
- Clear communication. We’ll get back to you within 24 hours, and you’ll hear from us at least every 30 days while you have an ongoing claim.
- Lawyers you’ll love. Since 1976, we’ve helped thousands of Albertans navigate some of life’s most challenging moments with compassion and transparency.
It Won’t Cost You Anything to Know Your Rights
One of the most common things we hear is:
“I didn’t think I had a case.”
If you’ve been hit by a vehicle anywhere in Alberta, don’t assume you aren’t entitled to compensation. The only way to know where you stand is to ask.
We’ll listen to what happened, answer your questions, explain your options, and help you decide what feels right for your situation. Your consultation is completely free, there’s no pressure to move forward, and if you do proceed with a claim, you won’t pay legal fees unless and until it’s successfully resolved.
