Pedestrian Accident Lawyers in Halifax Helping Victims Win Compensation

Helping Victims Seek Justice and Compensation After a Bus Accident

Persons on foot and motorists can safely share the road by complying with local traffic laws. Unfortunately, many people fail to follow the rules of the road, which is why there are so many pedestrian accidents every year in Halifax.

Vehicle-pedestrian collisions often happen in crosswalks, but the truth is that these accidents can occur anywhere. If you have been injured while walking in Halifax, you may be entitled to compensation from the at-fault party, but obtaining this compensation will not be as easy. You should turn to the experienced pedestrian accident lawyers at McKiggan Hebert for help.

Let our team of skilled personal injury lawyers fight for the compensation you deserve. To start your claim, call our law firm at (902) 706 – 2298 to schedule a free consultation and learn more about your legal options.

How Do Pedestrian Accidents Occur?

Pedestrian accidents can happen for various reasons, often due to the negligence of drivers who fail to adhere to traffic laws. Some of the most common causes of car-pedestrian accidents include:

Distracted driving: This can include texting, talking on the phone, eating, or adjusting in-car controls while driving, leading to a driver not noticing pedestrians in their path.
Speeding: Drivers exceeding the speed limit are less likely to stop in time to avoid hitting pedestrians, especially in areas with heavy foot traffic.
Failing to comply with traffic laws: Drivers running red lights or failing to yield to pedestrians at crosswalks are common causes of accidents.
Driving under the influence of drugs or alcohol: Intoxicated drivers are impaired in their ability to make quick decisions, leading to more pedestrian accidents.
Refusing to yield to pedestrians: Even in designated crosswalks, some drivers fail to stop for pedestrians, risking their safety.

You could be entitled to compensation if a negligent driver has injured you. Let our lawyers review your case and explain your legal options today.

What Are Common Pedestrian Accident Injuries?

Pedestrians are incredibly vulnerable when involved in an accident with a vehicle. Without the protection of a car’s safety features, such as airbags and seat belts, pedestrians are at a high risk for serious injuries. Common injuries sustained in pedestrian accidents include:

Broken bones: Pedestrians can suffer fractures to their arms, legs, ribs, or skull upon impact with a vehicle.
Spinal cord injuries: The force of a collision can cause severe damage to the spine, potentially leading to partial or complete paralysis.
Traumatic brain injuries (TBI): Pedestrians may suffer a TBI when the head strikes the vehicle, the ground, or an object. These injuries can lead to long-term cognitive, emotional, and physical impairments.
Internal injuries: Blunt force trauma can cause internal bleeding, damage to organs, or ruptured blood vessels.

All of these injuries can lead to long-term consequences that continue to affect the victim for the rest of their life. If you are dealing with any of these injuries, our team can help.

What Should You Do After A Pedestrian Accident in Halifax?

Being injured in a pedestrian accident can be traumatic, but it’s essential to take the proper steps after the incident to protect your legal rights. At McKiggan Hebert Lawyers, we take care of the legal steps so you can focus on healing:

Police report: You or another party will have called in the crash when it happened. We will obtain the official police report to document the incident and help establish fault.
Gather and preserve evidence: Our legal team will collect photos of the accident scene, surveillance footage, and witness statements to support your claim.
Coordinate medical treatment: We work closely with your healthcare providers to ensure your injuries are properly documented and you receive the necessary care.
Handle insurance communications: We communicate directly with the insurance companies to protect your rights and prevent lowball settlement offers.
Track your recovery: Our team will maintain detailed records of your medical treatments, expenses, and any changes to your health to support your compensation claim.
Fight for compensation: From start to finish, we advocate for the maximum compensation you deserve, including damages for medical expenses and pain and suffering.

Why Should I Hire A Pedestrian Accident Lawyer?

Recovering compensation is never easy—especially if you are trying to recover from serious injuries sustained in a pedestrian accident. Let us handle your legal claim while you focus on getting better. At McKiggan Hebert, our lawyers will help you by:

Investigating the collision: Our team will thoroughly investigate how the accident occurred, including gathering evidence, interviewing witnesses, and working with accident reconstruction experts if needed.
Proving liability: We will gather evidence to prove that the driver was at fault for the accident, whether due to distracted driving, speeding, or negligent driving conduct.
Calculating your claim’s value: We will accurately assess the full extent of your losses, including medical bills, lost wages, and emotional distress, to ensure you receive fair compensation.
Negotiating with insurance companies: Insurance companies often try to settle for as little as possible. We will negotiate aggressively on your behalf to secure a fair settlement.
Handling disputes: If there are disagreements over liability or the severity of your injuries, we are prepared to fight for your rights.
Taking your case to court: If a settlement is not reached, we are prepared to go to trial to fight to achieve the compensation you deserve.

What Types of Compensation Can You Recover in a Pedestrian Accident?

When pursuing a pedestrian accident claim, there are various types of compensation you could be entitled to:

Medical expenses not covered by MSI: Compensation for past and future medical bills not covered by MSI, including ambulance attendance, rehabilitation, and prescription medications.
Lost wages: If your injuries have caused you to miss work, you may be entitled to compensation for lost income and future earning potential.
Loss of housekeeping and other valuable services: Injury victims may be forced to spend money on professional housekeeping and other services, which can be claimed as part of their compensation.
Pain and suffering: This includes physical pain, emotional distress, and mental anguish that result from the accident.
Property damage: If your personal property, such as a smartphone, watch, or jewelry, was damaged or lost in the accident, you may be able to claim compensation for these losses.
Punitive damages: In extreme negligence, such as driving under the influence, punitive damages may be awarded as a form of punishment for the at-fault driver.

Our lawyers will carefully assess the full impact of your injuries and losses, ensuring we pursue every available form of compensation to support your recovery.

How Long Do You Have to File a Pedestrian Accident Claim in Halifax?

In Halifax, as with other parts of Nova Scotia, you must file your pedestrian accident claim within a specific time frame known as the statute of limitations. In most cases, this period is two years from the accident date. If you fail to file your claim within this time, you may lose your right to seek compensation. In claims against a municipality and in wrongful death claims, the limitation period is only one year. Other statutory and insurance contract provisions require giving earlier notice before starting a legal proceeding.

It’s crucial to consult with a pedestrian accident lawyer as soon as possible to ensure your claim is filed within the legal deadline and other notice periods are met

Partial Compensation under No-Fault System in Nova Scotia

If you’ve been injured in an accident involving a motor vehicle in Nova Scotia, you will be eligible for compensation under the no-fault insurance coverage of a driver’s auto insurance – also known as Section B insurance.

What Is Section B No-Fault Insurance?

The no-fault insurance in Nova Scotia is part of the province’s standard auto insurance policy required by the Nova Scotia Insurance Act (RSNS 1989, c. 231). This section provides Accident Benefits to cover certain expenses and losses for anyone injured in a motor vehicle accident — whether they were at fault or not. Section B benefits typically include:

Medical and rehabilitation expenses: Coverage for treatments such as physiotherapy, chiropractic care, and prescription medications (up to $50,000 for four years following the accident).
Income replacement benefits: Compensation for lost wages if you cannot work, up to 80% of your gross weekly income, capped at a maximum of $250 per week.
Housekeeping benefits: Compensation for household services if you’re unable to perform them due to your injuries (up to $100 per week).
Funeral expenses: Coverage for funeral costs and death benefits in fatal accidents.

Fault Based Compensation when Section B Benefits Are Not Enough

While the no-fault system provides much-needed and immediate financial support, the benefits are limited and are not intended to fully compensate accident victims. This is especially true for those who have suffered severe or long-term injuries. For example, the income replacement cap of $250 per week is far below what many accident victims earn, leaving them struggling to cover their daily expenses. Section B benefits do not cover pain, suffering, long-term care, or complete wage loss.

If another party’s negligence caused your injuries, you can pursue a personal injury lawsuit against the at-fault party to seek additional compensation. Without help from an experienced Nova Scotia personal injury lawyer, you may find it challenging to navigate the legal system and receive full compensation for your losses.

Can I File a Claim If I Was Partially At Fault for the Accident?

In Nova Scotia, you may still be able to recover additional compensation even if you were partially at fault for the accident. The law covering personal injury suits in this province follows a contributory negligence system, meaning your compensation will be reduced by the percentage of fault attributed to you.

For example, if you were found 20% at fault for the accident, you could still recover 80% of the total damages. Our team will work to minimize any liability on your part and ensure you receive fair compensation.

How Does Contributory Negligence Work in a Motor Vehicle Accident Claim?

The law covering insurance claims can get confusing; a personal injury lawyer is a must when facing mounting accident-related expenses. To explain contributory negligence in Nova Scotia in simple terms:

The no-fault system (Section B) automatically provides essential benefits even if you’re partially or fully at fault; contributory negligence does not apply.
If you need more money to cover all your losses, as most people do, you’ll need to file a lawsuit against the at-fault party for compensation beyond the no-fault Section B benefits.
When you sue the at-fault party, the contributory negligence rule kicks in — and your compensation will be reduced if you’re partly to blame.

This is why you need a lawyer: to maximize your compensation and minimize the fault the insurance company or other party will seek to pin on you.

What Happens if the At-Fault Driver Is Not Identified?

In some cases, the driver responsible for a pedestrian accident may flee the scene, leaving the pedestrian with no clear way to identify the party responsible. While this can be discouraging, there are still steps you can take to pursue compensation:

Hit-and-run coverage: If the driver cannot be identified, your own auto insurance policy will pay compensation for your injuries under section D hit-and-run coverage if you own a vehicle, even though it was not involved in the accident.
Government assistance: In Nova Scotia, government programs like the Uninsured Automobile Fund, administered by the Facility Association, may offer compensation to victims of hit-and-run accidents. The Fund provides financial assistance to those injured in accidents where the at-fault driver is uninsured or cannot be identified to a maximum of $500,000 per accident shared by all eligible claimants. This program is designed to ensure that victims of accidents, including hit-and-runs, can still receive compensation.

Our team will help you understand your options and work toward securing the compensation you need, even if the at-fault driver remains unidentified.

What if the At-Fault Driver Does Not Have Insurance?

If the at-fault driver in your pedestrian accident does not have insurance, you may still have options for compensation. Our team will help you explore other avenues for recovery, such as:

Your insurance policy: If you have uninsured or underinsured motorist coverage, we can assist you in filing a claim through your insurance.
Public compensation programs: Government programs are available for individuals injured in accidents involving uninsured or unidentified drivers.

What Happens if I Accept an Insurance Settlement?

Insurance companies often offer quick settlements in pedestrian accident cases, but these initial offers are usually far lower than you deserve. Accepting an offer without consulting a lawyer can leave money on the table. Before accepting any offer, consult with our team at McKiggan Hebert. We will evaluate the offer and help you determine whether it adequately compensates you for all your losses.

Common Mistakes to Avoid After a Pedestrian Accident

To maximize your chances of recovering full and fair compensation, avoid these common mistakes:

Failing to seek medical attention: Even if you feel fine after the accident, see a doctor immediately to document any injuries.
Talking to insurance adjusters without representation: Do not provide a recorded statement or accept a settlement offer without consulting a lawyer.
Not documenting your injuries: Take photos, keep medical records, and report any changes in your condition.

Our team will guide you through the process, helping you avoid these pitfalls and ensuring your case is as strong as possible.

What Is A Witness’ Role in a Pedestrian Accident Case?

Witnesses can be crucial in proving liability in a pedestrian accident case. Eyewitness testimony can help corroborate your version of events, establish fault, and provide additional context to the accident’s circumstances.

Our lawyers will work with witnesses to gather their statements and, if necessary, will subpoena them to testify in court. Witness testimony can significantly strengthen your case and increase the likelihood of a favourable outcome.

How McKiggan Hebert Lawyers Can Help with Your Pedestrian Accident Claim

At McKiggan Hebert Lawyers, our dedicated team of personal injury lawyers is committed to helping victims in Nova Scotia secure the compensation they deserve. Named as one of the Top 10 Personal Injury Law Firms in Canada by Canadian Lawyer magazine, we offer unparalleled legal expertise and compassionate client care. We stand apart from the competition in several ways.

Personalized Attention

We treat every case with the utmost care, taking the time to understand your needs and circumstances. Our lawyers are dedicated to keeping you informed and involved throughout the process. Only one lawyer and administrative assistant will oversee your case—allowing you to develop rapport as you work together.

Proven Experience and Expertise

With decades of combined experience, our legal team knows how to navigate the complexities of pedestrian accident claims. Brian Hebert’s economics background allows him to accurately assess the financial impact of your injuries. At the same time, John McKiggan’s track record of securing multi-million dollar settlements highlights our commitment to achieving the best possible outcome for our clients.

Aggressive Representation

Insurance companies often try to minimize payouts or deny claims altogether. Our lawyers will aggressively negotiate on your behalf, challenging insurers and fighting for your rights. Senior associate at McKiggan Hebert Lawyers, Mark Raftus, brings over two decades of trial experience to the firm, consistently advocating for clients before the Supreme Court of Nova Scotia. If a fair settlement cannot be reached, we are fully prepared to take your case to court for maximum compensation.

Client Commitment

We are so confident in providing exceptional legal representation that we offer a 60-day, 100% satisfaction guarantee—something no other law firm in Atlantic Canada offers. Our firm’s success is built on our dedication to our clients and our unwavering pursuit of justice.

How Much Does a Pedestrian Accident Lawyer Cost?

At McKiggan Hebert, we work on a contingency fee basis. This means you will not have to pay any upfront fees or hourly charges. We only get paid if we win your case. Our fee is a percentage of the compensation we secure for you, so there is no financial risk in hiring us.

Contact McKiggan Hebert Today for a Free Consultation

If you have been injured in a pedestrian accident in Halifax, contact McKiggan Hebert Lawyers today for a free, no-obligation consultation. We will review the details of your case and explain your legal options in clear, understandable terms. Our team is committed to helping you secure the compensation you deserve.

To start a claim or for more information, call us today at (902) 706 – 2298 or fill out our online contact form to get started.

Frequently Asked Questions

What should I do if I can’t afford medical treatment after a pedestrian accident in Halifax?

If you’re unable to afford medical treatment, don’t delay seeking care. In Nova Scotia, you may be entitled to compensation for medical expenses as part of your pedestrian accident claim. Additionally, our firm can help you explore options such as government assistance or private health insurance coverage that may be available to help cover medical costs. We are committed to guiding you through these options to ensure financial concerns do not hinder your recovery.

How can I prove that a driver was distracted during the accident?

Proving that a driver was distracted requires a thorough investigation. Our team will gather evidence such as phone records, traffic camera footage, and eyewitness testimony to build a compelling case. Sometimes, we may also work with accident reconstruction experts to show how the driver’s distraction led to the accident. We leave no stone unturned to ensure the party responsible is held accountable.

What happens if I don’t have a clear recollection of the accident?

If your memory of the accident is unclear, don’t worry. Our team will investigate all available evidence to help piece together the events. This includes gathering police reports, surveillance footage, witness statements, and physical evidence from the scene.

Can I file a pedestrian accident claim if I was hit by a car in a parking lot or on private property?

You could file a claim if the accident occurred in a parking lot or on private property. The key factor is determining who was at fault for the accident, whether the driver or the property owner. Our experienced pedestrian accident lawyers will investigate the incident to establish liability and pursue the compensation you’re entitled to, even if the accident occurred outside public roads.

What if I was hit by a driver who fled the scene?

If the driver in the accident fled the scene, you may still have options for compensation. We can help you file a claim under your insurance policy if you have uninsured motorist coverage or help you access government compensation programs for victims of hit-and-run accidents. Our firm will work tirelessly to ensure you receive the compensation you’re entitled to, regardless of whether the at-fault driver is identified.

What if I’m unable to work due to my pedestrian accident injuries?

If your injuries prevent you from working, you may be entitled to compensation for lost wages. This includes both past wages and future earning potential. Our lawyers will help calculate the full extent of your financial losses and ensure that your claim reflects the impact on your ability to support yourself and your family.

Can I file a pedestrian accident claim if the driver wasn’t violating traffic laws?

You can still file a claim even if the driver wasn’t speeding or breaking specific traffic laws. Pedestrian accidents can occur even when drivers technically obey traffic rules, such as failing to pay attention, not yielding to pedestrians, or making sudden maneuvers. Our lawyers will investigate the full circumstances surrounding the accident and work to hold the driver accountable.

What role do medical records play in a pedestrian accident claim?

Medical records play a crucial role in supporting your compensation claim. These records help document the extent of your injuries, treatments, and recovery progress. They also provide vital evidence of how the accident has impacted your life. We will work with your healthcare providers to ensure that your medical history is fully documented and accurately reflects the severity of your injuries.

How do I know if I’m entitled to punitive damages?

Punitive damages are typically awarded in cases where the at-fault driver’s behaviour was particularly reckless or malicious, such as driving under the influence of alcohol or drugs. Our lawyers will evaluate the circumstances of your accident to determine if you are eligible for punitive damages. If so, we will aggressively pursue these damages as part of your claim.

What if I can’t meet the lawyer in person due to my injuries?

If you cannot meet in person, we offer alternative communication methods, including phone consultations, video calls, and email correspondence. Your health and recovery are our top priority, and we will make sure you receive the legal support you need without adding stress to your situation.

What happens if the driver was under the influence of alcohol or drugs during the accident?

If the driver was under the influence of alcohol or drugs, this can significantly strengthen your claim. In addition to the standard compensation for medical expenses, lost wages, and pain and suffering, you may be eligible for punitive damages. Our firm has extensive experience handling cases involving impaired drivers, and we will fight aggressively for the maximum compensation you deserve.

Can I still file a claim if I was injured while jaywalking?

Yes, you may still be able to file a claim, even if you were not following pedestrian rules. Nova Scotia follows a contributory negligence system, which means your compensation may be reduced based on the percentage of fault assigned to you. We will work to minimize your liability and ensure you receive the compensation you’re entitled to, even if you were partially at fault.