In an earlier blog post, we looked at compensation for pedestrians hit by motor vehicles. This post looks at pedestrians injured in slip and falls. Specifically, we want to highlight that pedestrians have certain obligations to look out for their own safety, especially in harsh winter conditions. If they do not, they may be found partly at fault (“contributory negligence”) or entirely at fault, in which case their action is dismissed.
The obligations of a pedestrian while walking in winter include:
- to wear appropriate footwear for the weather and environmental conditions;
- to walk at a normal pace given the conditions, and not rush or run; and
- to be aware of the conditions, especially if the walkway is covered in ice and snow.
As winter settles in drivers contend with poor visibility and challenging driving conditions and pedestrian safety becomes a primary concern, especially for children and the elderly.
The heightened danger to child pedestrians results because they[i]:
- are generally harder for drivers to see
- may not understand how to cross the road safely
- may have difficulty reacting to traffic (determining the direction of sound or judging distance or speed of oncoming vehicles)
- cannot see out of the corners of their eyes as well as adults
- may not realize that drivers are paying attention to other things, and not just them
- may not understand that vehicles take longer to stop on wet or snowy roads
For older adults there may also be issues with hearing and sight as well as mobility challenges when crossing a roadway. Continue reading
Trick-or-treating is back! For those who celebrate Halloween, this is a wonderful time of the year. For an experienced plaintiff’s personal injury lawyer, however, Halloween can be a hazardous night. It’s never a bad call to review Halloween safety tips.
Children and teenagers, decked out in Halloween costumes, will be out and about, going from house to house to gather treats from strangers, frequently in unknown neighbourhoods and in darkness. And don’t forget people of all ages attending Halloween parties where alcohol or drugs may be in the mix.
There’s also a new issue to consider this year: many children are, as yet, unvaccinated. Continue reading
What is the main purpose of third-party liability?
Third party liability coverage in an automobile insurance policy will cover you if you are at-fault in a motor vehicle accident. In addition to giving you peace of mind, the main purpose of third-party liability coverage is to protect your assets in the event damages are assessed against you.
Standard practice for insurance companies and insurance brokers in Alberta is to recommend $1 million in third-party liability coverage in an automobile insurance policy. As a personal injury law firm, we urge you not to default to this standard practice, but rather purchase $2 million or more in third-party liability insurance. Continue reading
Alberta winters can be beautiful, but they can also be dangerous. Snow piles up on the road; blizzards impair drivers’ vision, and ice makes it easier for cars to slip.
Fortunately, car accident fatalities usually decrease during the winter. More people stay inside instead of risking bad weather, and most people drive slowly in bad weather. However, accidents tend to increase on the first day or two after a snowstorm as drivers adjust to the new weather conditions.
Not all accidents can be avoided, especially when you’re the victim of a negligent driver. But there are steps you can take to keep yourself and others on the road safe this winter. Continue reading
Halloween, steeped in its Celtic origins, has been embraced as a fun holiday by most Canadians, including children, teenagers, and adults. For those who celebrate Halloween, this is a wonderful time of the year. For an experienced plaintiff’s personal injury lawyer, however, Halloween can be a very scary night.
Young children, decked out in colourful costumes idealizing what they would like to be, or dressed as their favourite pop culture character, will run from house to house to gather treats from strangers, frequently in unknown neighbourhoods and in darkness. Teenagers will gather for raucous Halloween parties with their friends, frequently indulging in alcohol or drugs. Continue reading