How to Prove Negligence in Pedestrian Cases
When a vehicle strikes a pedestrian, the results can be devastating—broken bones, brain injuries, life-changing disabilities. Yet proving negligence isn't automatic, even when fault seems obvious.
In Alberta, pedestrians must prove the driver acted carelessly and that this negligence caused their injuries. Insurers often try to shift blame or argue the pedestrian was partly at fault.
As Alberta injury lawyers who once defended insurers, we know exactly how pedestrian cases are built and challenged. This guide explains how negligence is proven, what evidence matters, and how to protect your right to compensation after being hit by a vehicle.
This guide covers:
What Is Negligence in Alberta Pedestrian Accidents?
In legal terms, negligence means failing to act with reasonable care. To prove a driver was negligent, a pedestrian must show four key elements:
The Four Legal Elements:
Common Forms of Driver Negligence
Negligence can take many forms, depending on how the crash occurred. Common examples include:
Failure to Yield at Crosswalk or Intersection
Drivers must yield to pedestrians at marked crosswalks and intersections, as required by Alberta's Traffic Safety Act.
Distracted Driving
Texting, phone use, or in-vehicle screens that divert attention from the road.
Speeding in Residential or School Zones
Exceeding speed limits in areas where pedestrians are likely to be present.
Running Red Lights or Ignoring Pedestrian Signals
Failing to stop at red lights or proceeding when pedestrian signals indicate pedestrians have the right of way.
Impaired or Fatigued Driving
Operating a vehicle under the influence of alcohol, drugs, or while excessively tired.
Unsafe Turns Through Crosswalks
Making turns without checking for pedestrians in crosswalks or failing to yield.
Passing Another Vehicle Stopped for a Pedestrian
Illegally passing a vehicle that has stopped to allow a pedestrian to cross.
Each of these actions violates Alberta's Traffic Safety Act and can establish liability for the driver and their insurer.
Steps to Take Immediately After a Pedestrian Accident
Taking immediate action after being hit by a vehicle is crucial for both your health and your legal claim.
Call 911 and Report the Collision to Police
Report the collision to police and ensure emergency services are called if anyone is injured.
Seek Medical Treatment Immediately
Seek medical treatment **immediately**, even if symptoms seem mild. Some injuries may not be apparent right away.
Take Photos of the Scene
Take photos of the vehicles, crosswalk, and surrounding area. Document everything you can.
Collect Driver and Witness Information
Get the driver's contact and insurance information, as well as contact details for any witnesses.
Request the Police Report Number
Request the police report number before leaving the scene. This will be important for your claim.
Avoid Statements to Insurance Adjusters
Avoid statements to insurance adjusters without legal advice. They may try to use your words against you.
Contact an Alberta Pedestrian-Accident Lawyer
Contact an Alberta **pedestrian-accident lawyer** as soon as possible — critical evidence can disappear within days.
How a Lawyer Proves Negligence for You
An experienced injury lawyer builds your case using a combination of legal, technical, and medical evidence. We:
Send Preservation Letters
Send **preservation letters** to prevent deletion of video or data.
Obtain Black Box and CCTV Footage
Obtain **black box and CCTV footage** that may prove the driver's negligence.
Gather Witness and Police Reports
Gather **witness and police reports** to support your version of events.
Work with Accident Reconstruction Experts
Work with **accident reconstruction experts** to establish fault and demonstrate how the collision occurred.
Compile Medical and Vocational Assessments
Compile **medical and vocational assessments** to quantify your losses and demonstrate the full impact of your injuries.
Negotiate Aggressively and Prepare for Trial
Negotiate aggressively — and prepare for trial if insurers underpay.
Frequently Asked Questions
Conclusion
Proving negligence in a pedestrian accident takes more than your word — it requires evidence, experience, and persistence. Insurers often fight these cases hard, but Alberta law is on your side when the facts are properly presented.
Get medical attention immediately
Preserve photos, witness contacts, and police details
Avoid talking to insurers directly
Contact a lawyer early to build your case
Still have questions?
Contact us today — your consultation is free. No fee unless we win.