Can a Pedestrian Be at Fault for a Car Accident?

While drivers are often held responsible in pedestrian-vehicle collisions, there are situations where a pedestrian’s actions may contribute to or even cause an accident.

Determining whether a pedestrian can be at fault for a car accident is rarely straightforward and often requires a detailed legal analysis.

Whether you’re a pedestrian facing allegations of fault or a driver seeking clarity on liability, consulting with MNH Personal Injury lawyers can provide the guidance needed to navigate these complex claims.

Our personal injury lawyers have extensive experience in handling pedestrian-car accident cases. During a free case evaluation, we can discuss how the following legal insights could affect your case.

Key Takeaways About Pedestrian Fault in Car Accidents

• Pedestrians Have a Duty of Care: Under Alberta’s Traffic Safety Act, pedestrians are required to follow traffic laws, including using crosswalks when available and not suddenly entering the path of a vehicle. A lawyer can analyze whether a pedestrian’s actions breached this duty.
• Alberta Uses a Shared Fault System: Even if a pedestrian is found partially at fault for an accident, they may still be eligible for compensation. The amount is typically reduced by their percentage of fault, a determination that a lawyer can contest.
• The Driver’s Reverse Onus is a Key Factor: In pedestrian-vehicle collisions, the law places the burden of proof on the driver to show they were not negligent. A lawyer can leverage this reverse onus to build a strong case, even when the pedestrian’s actions are in question.
• Evidence Determines Liability: A determination of pedestrian fault is not automatic. It depends on evidence like police reports, witness statements, and video footage. A legal team has the resources to gather and analyze this evidence to build a strong counter-argument.
• You May Still Access Section B Benefits: Regardless of who is at fault, injured individuals in Alberta may access certain no-fault benefits through their own or the driver’s auto insurance policy. These Section B benefits can cover a portion of medical and disability costs.

What is the Pedestrian Duty of Care in Alberta?

While drivers have a high duty of care to watch for pedestrians, people on foot also have responsibilities to ensure their own safety. These duties are outlined in Alberta’s Traffic Safety Act and play a crucial role when an insurance company attempts to assign fault to a pedestrian.

Jaywalking and Crossing Mid-Block

One of the most common reasons a pedestrian is assigned fault after an accident is for jaywalking. This term generally refers to crossing a street outside of a marked or unmarked crosswalk. According to provincial law:

• Crossing outside a crosswalk: When a pedestrian crosses a street at any point other than a crosswalk, they must yield the right of way to oncoming vehicles.
• Sudden movements: Pedestrians are prohibited from leaving a curb or other place of safety and walking or running into the path of a vehicle that is so close it is impractical for the driver to stop.

An insurer might argue that by crossing mid-block, the pedestrian created a hazardous situation, thereby contributing to the accident.

Pedestrian Responsibilities at Crosswalks

Even at crosswalks, pedestrians are expected to act with reasonable caution. For instance, a pedestrian should not step into a crosswalk if the “don’t walk” signal is flashing.

Likewise, distracted walking, such as being focused on a phone instead of traffic, could be viewed as a failure to meet their duty of care.

A lawyer can help contextualize these actions and argue against an unfair allocation of fault, emphasizing the driver’s overarching responsibility to be vigilant.

Evidence That Can Prove Pedestrian Fault in an Edmonton Car Accident

An allegation of pedestrian fault is just an opinion until it is supported by credible evidence. Insurance companies will look for any piece of information that suggests the pedestrian acted negligently. A skilled lawyer can counter these arguments by conducting an independent investigation.

Analyzing Police Reports and Witness Statements

The initial police report and statements from witnesses are often the first sources of evidence. However, these are not always complete or accurate:

• Police collision reports: While useful, a police report is not the final word on liability. It contains an officer’s initial impressions, which may not reflect a full legal analysis.
• Witness accounts: Witnesses may have had a limited view of the accident or may be biased. A lawyer can re-interview witnesses to clarify their statements and identify information that supports the driver’s negligence.

An experienced legal professional knows how to read between the lines of these reports and use them to your advantage.

The Importance of Video and Physical Evidence

Objective evidence is often the most powerful tool for determining fault. A legal team can take steps to secure:

• Traffic camera footage: Video from intersection cameras or nearby businesses can provide a clear view of the accident as it happened.
• Accident reconstruction: In complex cases, professionals can analyze physical evidence, such as skid marks and vehicle damage, to create a scientific model of the collision, establishing factors like speed and driver reaction time.

This type of evidence can effectively undermine an insurer’s argument that the pedestrian was at fault.

How a Lawyer Can Help With Pedestrian-Car Accident Claims

When an insurance company alleges you are at fault for your own injuries, the situation can feel hopeless. A pedestrian accident lawyer can level the playing field, protect your rights, and build a case designed to secure the compensation you need.

Challenging Unfair Allegations of Fault

Your lawyer’s primary role is to act as your advocate. They will thoroughly investigate the accident to build a strong counter-narrative to the insurance company’s claims by:

• Gathering evidence: Your legal team will assist in collecting all relevant evidence, including police reports, video footage, and witness statements.
• Applying the law: They will use Alberta’s Traffic Safety Act and the principle of reverse onus to argue that the driver failed to meet their high duty of care.
• Negotiating with insurers: They will handle all communications with the insurance adjuster, presenting a compelling case for the driver’s liability.

This proactive approach prevents the insurance company from controlling the narrative and pressuring you into an unfair outcome.

Pursuing Full and Fair Compensation

Even if some shared fault is unavoidable, a lawyer will fight to ensure you receive the maximum compensation possible under the law.

They will accurately calculate all your damages, including lost income, pain and suffering, and future care needs, and negotiate tirelessly on your behalf.

Their goal is to achieve a resolution that provides the financial security necessary for you to focus on healing and moving forward.

Who Is At Fault If a Driver in Alberta Kills a Pedestrian?

Determining fault in fatal pedestrian accidents is a complex process that involves examining the actions of both the driver and the pedestrian, as well as the specific circumstances of the collision.

Alberta’s Traffic Safety Act places a high duty of care on drivers, particularly in areas with high pedestrian activity, such as school zones and crosswalks. However, fault is not automatically assigned to the driver in every case.

Municipal Regulations and Driver Responsibilities

Municipalities in Alberta, including Edmonton, enforce strict traffic laws designed to protect pedestrians.

These include reduced speed limits in designated areas, right-of-way rules at crosswalks, and heightened expectations for driver vigilance.

A driver who violates these regulations may be found negligent and held responsible for the accident.

How Legal Support Can Help

When a pedestrian is fatally injured, the stakes are incredibly high, and insurance companies often work aggressively to minimize liability. A lawyer can play a critical role in these cases by:

• Analyzing accident details: Gathering evidence such as traffic camera footage, police reports, and witness statements to establish the driver’s negligence.
• Applying relevant laws: Using municipal regulations and the Fatal Accidents Act to demonstrate how the driver failed to meet their legal obligations.
• Pursuing compensation: Helping the victim’s family seek damages under Alberta’s Fatal Accidents Act, which may include bereavement damages, loss of financial support, and funeral expenses.

Fatal pedestrian accidents are emotionally and legally challenging, but having a legal team on your side can provide clarity and support during a difficult time. By building a strong case, a lawyer can help hold negligent drivers accountable and pursue the financial recovery needed to support the victim’s family.

Pedestrian and Car Accident Claims FAQ

Can I still receive compensation if I was jaywalking?

Alberta’s laws on shared fault mean that a driver who was speeding or distracted could still be found largely responsible. A lawyer can help argue that the driver’s negligence was the primary cause of the accident, which can allow you to recover a portion of your damages.

What if I was under the influence when the accident happened?

Being under the influence of alcohol or drugs can result in a higher percentage of fault being assigned to you. However, the driver still has a duty of care, and if they were also negligent, liability may be shared. It is essential to speak with a lawyer to understand how this factor will impact your specific case.

What compensation is available under Alberta’s Fatal Accidents Act?

The Fatal Accidents Act allows certain family members to pursue compensation after a fatal pedestrian accident. This can include bereavement damages, loss of financial support, and funeral expenses. A lawyer can help you understand your rights under this statute.

Are school zone crosswalk accidents treated differently under Alberta law?

Alberta school zones are subject to stricter traffic regulations, including reduced speed limits and heightened driver responsibilities. Drivers are expected to exercise extra caution in these areas, especially during posted hours. A lawyer can utilize these specific regulations to construct a compelling case for compensation.

Contact MNH Injury Lawyers for Trusted Legal Support When a Pedestrian and a Car Collide

Facing an allegation of fault after being injured in a pedestrian accident is a serious challenge. You do not have to accept the insurance company’s determination.

Understanding your legal rights under Alberta’s traffic laws is the first step toward protecting your claim and securing the resources needed for your recovery.

MNH Injury Lawyers is here to help you fight back against unfair blame and pursue the financial compensation you need to move forward. Our team has the knowledge and resources to build a strong case on your behalf.

Call our Edmonton personal injury law firm at (888) 664-5298 or message us online for a free consultation. Let us help you understand your legal options and take the next step toward justice.