Pedestrians and cyclists are among the most vulnerable road users. When a collision occurs between a motor vehicle and a pedestrian or cyclist, the resulting injuries are often severe. If you or a loved one has been injured in this type of accident, it is important to understand your legal rights and the options available to you under New Brunswick law. Below, we outline: What pedestrians and cyclists should know following an accident; the common causes of these collisions; and the steps you can take to protect your right to compensation.
Key Takeaways
- After an accident, seek medical attention, gather the driver’s information, photograph the scene and injuries, identify witnesses, and report the collision to police.
- Be cautious when dealing with insurance companies. Seek legal advice as soon as possible, particularly because limitation periods and municipal notice requirements may apply in some cases.
- Pedestrians and cyclists injured by a negligent driver may be able to pursue compensation through a personal injury claim. Accident benefits may also apply.
- A pedestrian or cyclist who is partially at fault may still bring a claim under New Brunswick’s Contributory Negligence Act; compensation can be reduced based on their share of responsibility.
Understanding Your Rights After An Accident
Pedestrian Rights Under New Brunswick Law
Pedestrians are afforded certain protections under the New Brunswick Motor Vehicle Act, RSNB 1973, c M-17, including the right of way in marked crosswalks and at intersections controlled by traffic signals. Drivers are required to exercise a high standard of care around pedestrians, particularly in school zones, crosswalks, and other areas where pedestrian traffic is expected. Where a driver fails to yield the right of way, fails to keep a proper lookout, or otherwise breaches this duty of care and causes injury to a pedestrian, the injured pedestrian may have a claim in negligence against the driver.
Cyclist Protections & Responsibilities
Cyclists are generally treated as vehicles under the Motor Vehicle Act and are entitled to share the road with motor vehicles, subject to certain rules and responsibilities. Drivers are required to leave a safe passing distance when overtaking a cyclist and must exercise caution when opening vehicle doors, turning, or merging near cyclists. At the same time, cyclists are expected to obey traffic signals, signal their intentions, and ride in a predictable manner. Where a cyclist has followed the rules of the road and is struck by a negligent driver, the cyclist may bring a personal injury claim against the at-fault driver.
Shared Fault & Contributory Negligence
In some cases, both the driver and the pedestrian or cyclist may bear some responsibility for the accident. New Brunswick follows a system of contributory negligence under the Contributory Negligence Act, RSNB 1973, c C-19, which allows a claim to proceed even where the injured party is found to be partially at fault. Under this Act, fault may be apportioned between the parties, and any compensation awarded is reduced in proportion to the injured party’s share of responsibility. It is important to consult a lawyer early in the process, as insurance companies will often attempt to assign a greater share of fault to the pedestrian or cyclist in order to reduce the amount of compensation owed.
Common Causes Of Pedestrian And Bicycle Accidents
Driver Negligence
Driver negligence is the most common cause of pedestrian and cyclist accidents. This can include failing to yield the right of way, speeding through crosswalks or school zones, distracted driving, and failing to check mirrors or blind spots before turning or changing lanes. Because pedestrians and cyclists have little to no protection in a collision with a motor vehicle, even a momentary lapse in a driver’s attention can result in catastrophic injuries.
Poor Road Conditions Or Visibility
Poorly maintained sidewalks, inadequate street lighting, missing or obscured signage, and hazardous winter conditions can all contribute to pedestrian and cyclist accidents. In some cases, a municipality or other public authority may bear responsibility for a collision caused by unsafe road or sidewalk conditions. These claims can be more complex, as they may involve strict notice requirements and limitation periods that differ from a standard motor vehicle claim, making it especially important to consult a lawyer as soon as possible after the accident.
Distracted Walking Or Cycling
While driver negligence is the leading cause of these accidents, distraction on the part of the pedestrian or cyclist, such as using a phone while crossing the street or cycling without paying attention to traffic, can also contribute to a collision. Where a pedestrian or cyclist is found to have contributed to their own injuries, this may affect the apportionment of fault and the amount of compensation available under the Contributory Negligence Act.
Immediate Steps To Take After An Accident
If you are involved in a pedestrian or cyclist accident, there are several steps you can take to protect your legal rights:
- Seek medical attention and document your injuries. Seek medical attention immediately, even if your injuries do not initially seem serious. Some injuries take time to manifest; early medical documentation is important evidence for a possible claim.
- Collect the driver’s information and document the scene. Obtain the driver’s contact and insurance information and take photographs of the scene, your injuries, and any relevant road conditions.
- Talk to witnesses. Identify any witnesses who may have seen the accident occur and obtain their contact information if possible.
- Report the accident to the police. If the collision caused an injury, it should be reported to police immediately.
- Contact a personal injury lawyer as soon as possible. Doing so can help ensure that important evidence, such as surveillance footage or witness statements, is preserved before it is lost.
Dealing With Insurance Companies
Following a pedestrian or cyclist accident, you will likely be contacted by the at-fault driver’s insurance company, and in some cases your own automobile insurer. It is important to be cautious when speaking with insurance adjusters, as statements made early on can later be used to minimize the value of your claim. Insurance companies are not on your side, and their goal is often to resolve claims for as little as possible. You are not obligated to give a recorded statement or accept an early settlement offer, and it is generally advisable to consult a lawyer before providing any statement or agreeing to a settlement. A lawyer can communicate with the insurance company on your behalf and ensure that your claim reflects the full extent of your injuries and losses.
Legal Options Available To Victims
Pedestrians and cyclists injured in an accident with a motor vehicle may be entitled to compensation through a personal injury claim against the at-fault driver, as well as accident benefits through the applicable automobile insurance policy, regardless of fault. Depending on the circumstances, a claim may also be possible against a municipality or other party responsible for maintaining safe road or sidewalk conditions. Compensation in these claims can include past and future medical expenses, lost income, and damages for pain and suffering, among other losses. As with other personal injury claims in New Brunswick, there are strict limitation periods that apply, so it is important not to delay in seeking legal advice.
How A Personal Injury Lawyer Can Help
A personal injury lawyer can guide you through each stage of a pedestrian or cyclist accident claim, from gathering evidence and identifying all potentially responsible parties, to negotiating with insurance companies and pursuing the claim through the court process when necessary. A lawyer can also help ensure that your claim accounts for the long-term impact of your injuries, including future medical needs and any effect on your ability to work, by working with medical professionals and other experts where appropriate. Having experienced legal representation can make a significant difference in the outcome of your claim, particularly where fault is disputed or where the insurance company is attempting to minimize your compensation.
Why Choose A Local Firm Like Melanson Law
At Melanson Law, our lawyers exclusively practice personal injury law and have over 35 years of experience representing injured pedestrians, cyclists, and other accident victims throughout New Brunswick. As a local firm, we understand the specific rules, road conditions, and municipal requirements that can affect a pedestrian or cyclist accident claim in this province, and we have long-standing relationships with local medical professionals and experts who can help support your claim.
We only ever represent the side of the injured party, and we are committed to helping our clients recover the full compensation they deserve. If you or a loved one has been injured in pedestrian or cyclist accidents in New Brunswick, please contact our office for a free consultation to discuss your legal options. Contact us to meet with the best pedestrian accident lawyer in NB today!
