Legal Guide

Can You Claim if You Were a Pedestrian Hit by a Car in Alberta?

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Can You Claim if You Were a Pedestrian Hit by a Car in Alberta?

Being struck by a vehicle as a pedestrian is one of the most traumatic types of accidents imaginable. You may face serious physical injuries, emotional trauma, and months or years of recovery. You might also wonder: Who pays for my medical bills? and Do I have a claim even if I wasn't in a car?

In Alberta, pedestrians injured by vehicles have strong legal rights. The law actually presumes the driver is at fault unless proven otherwise. That means if you were hit while walking, you likely have a valid claim for compensation — even if the circumstances seem unclear.

As Alberta personal injury lawyers who once defended insurers, we know how these cases are handled behind the scenes — and how to make sure you're fully compensated for both your immediate and long-term losses.

This guide explains:

What your rights are as a pedestrian in Alberta
How liability is determined when a car hits a pedestrian
What compensation you can claim
What to do if the driver fled or was uninsured
The deadlines and steps to protect your right to compensation
How a lawyer can help you recover physically and financially

What Counts as a Pedestrian Accident in Alberta?

A pedestrian accident occurs when a person on foot is struck by a vehicle, regardless of whether they were crossing at a crosswalk, walking along the road, or even standing on a sidewalk.

Common Scenarios:

Driver Fails to Yield at CrosswalkA driver fails to yield at a marked or unmarked crosswalk.
Turning Without CheckingA car turns right or left without checking for pedestrians.
Distracted or Speeding DriverA distracted or speeding driver veers off the road.
Backing Out AccidentsA vehicle backs out of a driveway or parking space.
Hit-and-RunA hit-and-run where the driver flees the scene.

Can Pedestrians Claim Compensation After Being Hit by a Car?

Yes. In Alberta, pedestrians injured by vehicles can claim compensation through the at-fault driver's insurance or, in some cases, through their own policy or Alberta's Motor Vehicle Accident Claims (MVAC) Program.

Legal Presumption of Driver Fault

The law presumes drivers are responsible unless they can prove otherwise. Under Section 186 of Alberta's Traffic Safety Act, when a motor vehicle collides with a pedestrian, the driver is presumed negligent unless they can show they exercised all due care.

Comparative Negligence System

While drivers are usually found at fault, there are situations where both parties share some responsibility. Alberta follows a comparative negligence system, meaning fault can be divided between the driver and the pedestrian.

Compensation with Partial Fault

Even if you're partly at fault, you can still recover compensation — it's just reduced by your percentage of responsibility.

Steps to Take Immediately After Being Hit by a Car

Following these steps immediately after a pedestrian accident can significantly strengthen your case and protect your rights to compensation.

Call 911 Immediately

Police and paramedics should attend. The police report will be vital for your claim.

Get Medical Attention

Even if you feel fine, adrenaline can hide serious injuries. Early treatment strengthens your case.

Collect Driver and Witness Information

Get the driver's name, contact details, license plate, and insurance information.

Document the Scene

Take photos of vehicle damage, the scene, and your injuries.

Report to Police

Ensure the incident is officially recorded — especially for MVAC or hit-and-run claims.

Notify Your Insurer (if applicable)

If you have auto insurance, report the incident promptly — you may qualify for Section B benefits.

Keep a Recovery Journal

Record symptoms, pain levels, medical appointments, and how the injuries affect your daily life.

Contact an Alberta Injury Lawyer Early

A lawyer ensures proper notice, deadlines, and documentation for maximum recovery.

How a Lawyer Helps Pedestrian Accident Victims

Experienced personal injury lawyers understand the complexities of pedestrian accident claims and can navigate the legal system to ensure you receive fair compensation.

Proving Fault

Gathering witness evidence, dashcam footage, and expert reports to prove driver negligence.

Handling Insurers

Dealing with insurance companies that minimize or deny pedestrian claims.

Filing MVAC Claims

Ensuring government claim deadlines are met for uninsured or hit-and-run drivers.

Calculating Damages

Accounting for medical care, lost income, and long-term effects.

Maximizing Settlements

Negotiating with insurers or litigating when necessary to secure fair compensation.

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Frequently Asked Questions

Conclusion

Pedestrians hit by vehicles in Alberta have strong legal rights and access to compensation through the driver's insurer, government programs, or their own policy. Even if the driver fled or you share some fault, you can still recover damages for medical costs, lost income, and long-term care.

Alberta law presumes drivers are at fault in pedestrian accidents.

You can claim compensation even if you were outside a crosswalk or partially at fault.

MVAC and Section B benefits protect victims when the driver is uninsured or unidentified.

A lawyer ensures deadlines are met, evidence is secured, and insurers pay fair compensation.

Injured as a pedestrian? Contact us today for a free consultation.

Call or text us today for a free consultation. No fee unless we win.