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7 Worst Vancouver Pedestrian ICBC Injury Mistakes

Car Accident Injury Lawyers in Vancouver

7 Worst Vancouver Pedestrian ICBC Injury Mistakes 604-602-9000

Vancouver Pedestrian ICBC Injury lawyers of MacLean Personal Injury want the public to know that a Vancouver pedestrian can recover damages for their injuries if negligence by another party caused or contributed to the incident. Vancouver Pedestrian ICBC Injury lawyers explain that car drivers have a duty of care on the road and when they fail to display reasonable care on the road under the circumstances this is considered negligence. When a careless driver hits a pedestrian that person is almost guaranteed to suffer a serious Vancouver Pedestrian ICBC Injury.

 Vancouver ICBC Pedestrian Injury

Spencer MacLean associate, Vancouver ICBC Pedestrian Injury Lawyers 604-602-9000

Vancouver Pedestrian ICBC Injury Safety Primer

Many times a driver is at fault but a Vancouver pedestrian also needs to display a reasonable care for their safety. Vancouver Pedestrian ICBC Injury lawyers warn that if a pedestrian has failed to display a reasonable care for their safety then contributory negligence may be established against the pedestrian or plaintiff.

Top Vancouver Pedestrian ICBC Injury lawyers- like the lawyers at MacLean Personal Injury– know there are three key ways in which a plaintiff can contribute to their own injuries.

  • Firstly, if they contributed to the event which caused the injuries.
  • Secondly, if they exposed themselves to a risk of being involved in an injurious event.
  • And lastly, should the injurious event occur, they failed to take reasonable precautions to minimize injuries.

Sobering Vancouver Pedestrian ICBC Injury  Statistics

The recent City of Vancouver Pedestrian Safety Study Final Report noted:

Nearly half of all pedestrian collisions occurred between November and February.

January accounted for the highest proportion of pedestrian collisions resulting in fatalities. ƒ

Pedestrian collisions were more likely to occur on weekdays.

The highest proportion of pedestrian collisions occurred during the PM peak period (3:00 – 6:00pm)

Although late night pedestrian collisions (12:00 – 6:00am) were relatively infrequent, they were nearly twice as likely to lead to a fatality compared with other time periods. ƒ

Pedestrians were particularly vulnerable when it was both dark and rainy.

 

Vancouver Pedestrian ICBC Injury Mistakes To Avoid

Many Canadians choose to walk for exercise or to avoid traffic on there way to work or the grocery store. Like every form of travel, there is danger associated with walking and pedestrians are often vulnerable to drivers and other hazards. Here is a list of the top 7 mistakes pedestrians make:

  1. Failing to proceed with caution at cross-walks or intersections

Before proceeding to cross at a cross walk at traffic lights or ‘zebra’ crosswalks on the road, many pedestrians fail to look around and make sure cars are slowing down or coming to a stop before proceeding to cross. In many cases pedestrians ‘dart out’ at cross walks giving very little time for a car or driver to react. In dim and dark lighting times of the day pedestrians are often hard for drivers to see and pedestrians should not just assume they are secure when they have the right away. Pedestrians should always make sure drivers see them before crossing.

Vancouver Pedestrian ICBC Injury

Vancouver Pedestrian ICBC Injury

Transport Canada’s National Collision Database reports that there were over 1500 deaths of pedestrians from 2009-2013.

  1. Ignoring the “walk” signal at an intersection and Jaywalking on roads

The Vancouver Sun reports “About 12 per cent of people in Vancouver walk to work, one of the highest shares among several Canadian and international cities, according to a 2012 city staff report.”

Many pedestrians fail to wait for the walk sign to cross and decide to cross on their own, walking right into traffic. On top of this many pedestrians proceed to walk at intersections when the walk signal is winding down, leaving them still in the intersection and exposed to traffic when the light changes. There is no shortage of jaywalking pedestrians. Jaywalking is very dangerous for pedestrians and drivers and should be avoided at all times.

  1. Distractions

Some pedestrians listen to music, talk on there cell phones, check emails, text, or play games on their phones on the street and fail to recognize their surroundings. There are pedestrians that are so distracted from these devices that they walk right into traffic or even walls. It is important not to use your cell phone or partake in any other distracting activities while walking.

Mark Green PhD in his study concluded:

Cell Phones Can Be Deadly

The limited current research suggests that cell phone-using pedestrians:

    • Walk slower;
    • Are less likely to notice other objects in their environment, even if they are highly salient;
    • Select smaller crossing gaps in traffic;
    • Are less likely to look at traffic before starting to cross;
    • Are less likely to wait for traffic to stop;
    • Are less likely to look at traffic while crossing;
    • Are more likely to walk out in front of an approaching car;
    • Are more likely to be inattentionally blind; and
    • Pay less attention to traffic (children);

Failing to be Visible

Many walkers in dim lighting fail to make themselves visible. It is important to wear bright clothing and walk in well-lit areas. If you are walking at night it is critical to carry a flashlight, or use a headlamp, as well as to dress in reflective clothing to increase visibility to drivers. Vancouver’s rain and mist increases the chance a driver won’t see a pedestrian.

The Globe and Mail summarized fatalities in Toronto in this June 2016 article. 

      1. Failing to walk in safe areas

Pedestrians should always walk on sidewalks if they are present so they can be separated from automobiles. Many pedestrians fail to do this and walk on the side of roads and in bike lanes placing themselves in an unnecessarily vulnerable position to vehicles and bikes. If there is no sidewalk on the road, walk as far to the side of the road as you can, also try to walk on the same side of the road as oncoming traffic.

6.       Drinking And Walking Is A Problem

In 2013, 34% of all pedestrians killed in traffic crashes had a blood alcohol concentration of greater than or equal to 0.08 grams per deciliter. Enough said.

7.    Failing To Hire A Top Personal Injury Lawyer Immediately After Being Treated 

ICBC adjustors and lawyers are skilled professionals, they work hard, they are skeptical and they need to protect the taxpayers so they offer the lowest possible settlement. They are not your friend. A skilled personal injury lawyer can reason with unreasonable adjustors and defence counsel, negotiate with them and mediate or litigate your case if ICBC will not be fair and reasonable. The awards obtained by lawyers for their clients routinely dwarf offers made to unrepresented parties.

We meet with you for free and we are only paid at the end of your case when your case settles or the judge and jury grants you judgment.  Mistake # 7 can be fatal to your financial recovery. Don’t settle for less and don’t follow up your accident with a huge mistake.

Vancouver Pedestrian ICBC Injury Case Shows Mistakes By Pedestrian Costs Him Dearly

In the case (Khodadoost v. Wittkamper) the plaintiff, a pedestrian attempting to cross McKay Avenue at Kingsway Avenue was struck by a motor vehicle. The plaintiff attempted to cross the street outside of a crosswalk, approximately 2 car lengths north of the Kingsway avenue intersection.

Mr. Justice Betton found the pedestrian 70% at fault for this accident and stated the following:

[13]         The incident occurred while the plaintiff was crossing McKay Avenue at Kingsway Avenue, in Burnaby, British Columbia. He had obtained a ride from a friend, Ms. Khaki-Khaljan, to the area. She pulled off to the right of the northbound lane of McKay Avenue approximately two car lengths north of Kingsway Avenue. When the plaintiff exited the vehicle, he began crossing McKay Avenue west and outside of the crosswalk but moving at an angle toward the crosswalk.

[18]         When the southbound traffic began to move forward, the defendant followed. The plaintiff at that time was adjacent to the front driver’s side corner of the defendant’s car. The defendant’s vehicle may have made a very slight contact with the plaintiff before the defendant initially applied his brakes. When he placed his foot on the brake pedal, however, his foot slid off the pedal allowing his vehicle to move forward, essentially in a second forward motion. At that time, there was contact between the plaintiff and the defendant’s vehicle, and the plaintiff fell or was knocked to the road.

[63]         At the heart of the determination of liability is what the plaintiff’s movements were immediately before the impact.

[64]         There is no question that the plaintiff began his crossing of McKay Avenue outside of the crosswalk. That fact is, however, of limited relevance. What is particularly important is the condition of the pedestrian and traffic control signals, and the plaintiff’s positioning relative to the crosswalk as he moved past the center point of the road and across the southbound lanes.

[65]         I am satisfied on the evidence that by the time the plaintiff had begun to cross those southbound lanes, the traffic signal for southbound traffic was green. All of the evidence indicates that traffic generally, including the defendant, had begun to move. Neither the plaintiff nor the defendant commented specifically on the condition of the traffic signal, but it is the only logical inference from the evidence as a whole.

[77]         It is my conclusion that the plaintiff must bear the majority of the liability for the incident. I apportion liability 70 percent to the plaintiff and 30 percent to the defendant. An award of damages must be adjusted based on this division of liability.

Vancouver Pedestrian ICBC Injury Lawyers Are Ready to Come To Meet With You

We have 5 offices across BC in Vancouver, Surrey, Richmond, Kelowna and Fort St John. We will come to your home or to the hospital to start your road to medical and financial recovery.

 

 

 

 



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