Legal Guide

Pedestrian Rights in Alberta Crosswalk Accidents

Shiv Ganesh personal injury lawyer logo
Pedestrian Rights in Alberta Crosswalk Accidents

Pedestrians in Alberta often assume drivers will yield in crosswalks — but this trust is frequently misplaced. Even low-speed impacts can cause devastating injuries, leaving victims with broken bones, head trauma, and long-term pain.

Victims of crosswalk accidents face long recoveries, lost wages, and resistance from insurance companies trying to shift blame. Knowing your **rights as a pedestrian** is critical to securing fair compensation.

As Alberta injury lawyers who once defended insurers, we understand how adjusters challenge pedestrian claims. This guide explains your legal rights, Alberta's crosswalk laws, how fault is determined, and steps to protect your claim.

Pedestrian Rights and Responsibilities in Alberta

Both drivers and pedestrians share duties under the *Traffic Safety Act*, but drivers carry the **greater responsibility** because their actions can cause far more harm.

At marked or unmarked crosswalks:

Common Insurance Challenges After a Crosswalk Collision

Even when pedestrians clearly have the right of way, insurers often argue otherwise. Common defences include:

1

Claiming Pedestrian Darted Out

Claiming the pedestrian "darted out" unexpectedly.

2

Blaming Dark Clothing

Blaming dark clothing or poor lighting.

3

Arguing Outside Crosswalk

Arguing the pedestrian was outside the marked crosswalk.

4

Suggesting Partial Fault

Suggesting partial fault to reduce damages.

5

Downplaying Injury Severity

Downplaying injury severity as "soft tissue" or "minor."

Alberta-Specific Laws and Deadlines

Crosswalk accident claims are subject to Alberta's personal injury laws:

Traffic Safety Act

Requires drivers to yield to pedestrians at marked and unmarked crosswalks.

Contributory Negligence

Compensation may be reduced if the pedestrian shares fault, but recovery is still allowed.

Two-Year Limitation Period

Claims must be filed within two years of the accident.

Direct Compensation Property Damage (DCPD)

Covers vehicle damage but does not affect injury rights.

Minor Injury Cap (2025)

About **$6,000**, though most pedestrian injuries exceed this threshold.

Steps to Take Immediately After a Crosswalk Accident

Taking immediate action after a crosswalk accident can protect both your health and your legal rights:

Call 911

Request police and medical assistance.

Seek Immediate Medical Care

Even for minor pain — injuries may worsen.

Document the Scene

Photograph the vehicle, intersection, traffic lights, and injuries. Capture weather, lighting, and road conditions.

Obtain Driver and Witness Information

Get contact details from all parties involved.

Request the Police Report Number

For your records.

Avoid Statements to Insurers

Until you receive legal advice.

Contact an Alberta Pedestrian-Accident Lawyer

As soon as possible to preserve evidence and manage insurer communication.

How a Lawyer Protects Your Pedestrian Claim

An experienced lawyer can quickly determine fault, handle insurer communications, and build a case for maximum recovery. We:

Obtain Video Footage

Obtain **CCTV, dash-cam, and intersection footage**.

Gather Witness and Police Reports

Gather **witness and police reports** before memories fade.

Review Medical Records

Review **medical records** and coordinate with treatment specialists.

Quantify Income Loss

Quantify **current and future income loss** using expert economists.

Negotiate or Prepare for Trial

Negotiate settlements or, if necessary, prepare for trial to secure full compensation.

FAQ section background image

Frequently Asked Questions

Conclusion

Pedestrian crosswalk accidents are preventable — and Alberta law protects your right to walk safely. When drivers fail to yield, they can and should be held accountable.

Get medical attention immediately

Collect all evidence and witness details

Avoid speaking with insurers

Contact an experienced pedestrian-accident lawyer early

Contact us today for a free consultation. No fee unless we win.

Pedestrian Rights in Alberta Crosswalk Accidents | Legal Guide | Shiv Ganesh