Pedestrian Accidents are a significant concern in Calgary as they lead to more severe injuries. When such accidents occur, victims often find themselves navigating the complex legal landscapes to secure compensation for their injuries.
However, several myths surrounding pedestrian accident claims can mislead the victims and prevent them from receiving the justice they deserve. Here are some of the top 5 common myths about pedestrian accident claims in Calgary-
Myth 1: Pedestrians are always at fault if they were jaywalking: One of the most common myths about pedestrian accidents is that pedestrians are always at fault if they were jaywalking at the time of the accident. Jaywalking though is against the law and can cause accidents; it does not automatically place all the blame on the pedestrian. The liability in Pedestrian accident in Calgary is based on the fault shared between the driver and the pedestrian.
For instance, if a pedestrian was jaywalking but the driver was speeding or distracted, the driver may still bear a significant portion of responsibility for the accident. The pedestrian can receive the amount of compensation, which may be reduced based on their share of fault. It is advisable to consult a professional pedestrian accident lawyer in Calgary to help you assess the specifics of the case and determine the appropriate distribution of the liability.
Myth 2: No claim can be filed if immediate medical attention was not sought: Another common myth is if a pedestrian does not seek immediate medical attention after an accident, they cannot file a claim. This myth can be harmful as certain injuries like the damage of tissue or internal injuries may not be visible until days or even weeks after the accident. It is always advisable to seek medical help as soon as possible after the accident.
However, if the pedestrian has not sought medical help, it will not disqualify them from filing the claim. It is advisable to see the doctor when you realize you have been injured and to document the injuries thoroughly. Medical records play a significant role in substantiating the claim and proving the extent of the injuries.
Myth 3: Pedestrians do not need a lawyer and can handle their claims on their own: It is a common myth that pedestrian accident claims are not complex. They are straightforward and anyone can easily handle the process without hiring a lawyer. While it is possible to file a claim on your own, doing so can be risky, especially if you are not familiar with the legal process. Insurance companies often use several tactics to reduce the payouts.
A seasoned pedestrian accident lawyer in Calgary with years of experience and expertise can be an ideal choice in navigating these challenges. They help gather the evidence, negotiate with the insurance companies and ensure you receive fair compensation for your injuries, lost wages and other damages. You may find it difficult to obtain the full entitled amount if you are handling the case on your own without any legal help.
Myth 4: Claim cannot be filed if the driver has fled the scene: Hit-and-run accidents are often traumatic for pedestrians and many victims believe that if the driver flees the scene, they are not entitled to compensation. This is not true and discourages the victims who often feel helpless after the accidents. In Calgary, if the driver cannot be identified, the victim can file a claim under the Alberta Motor Vehicle Accident Claims program.
This program is funded by the government and provides compensation for the victims of hit-and-run accidents when an at-fault driver is not known or uninsured. There are no limits to the amount of compensation through this program; it can still provide vital financial support for medical expenses and other damages. Also, if the driver is identified, the victim can pursue a claim against the driver’s insurance company. Work with a dedicated lawyer to ensure all the possible avenues for compensation are explored.
Myth 5: Compensation is guaranteed if the driver is at fault: Many victims assume that they will get compensation if the driver is clearly at fault. Even in cases where liability is clear, several factors can affect the outcome of the claim. This includes the evidence strength, the willingness of the insurance company to negotiate, and the legal strategies employed by both sides.
For instance, if the driver’s insurance company disputes the extent of your injuries or argues that the injuries existed before, the compensation might be reduced if they provide it right. Also, if you have a history of similar injuries that were intensified by the accident, the insurance company may argue that the accident was not the primary cause of your current condition.
A professional lawyer can present a strong case on your behalf, ensuring you receive the compensation you deserve. Navigating the claims of pedestrian accidents can be challenging. A qualified lawyer will help you understand your rights, evaluate your claim and guide you through the legal process.