Is There Total Insurance Cover For Pedestrian Accidents Under Tort Laws?

Pedestrian accidents are quite common because they might involve a wide range of different cases. However, the most common one of them would always be when a pedestrian has been hit while crossing a road. Of course, there is a wide range of different occasions under which this might have happened but it remains the most common cause for pedestrian accidents. This is where the Motor Vehicle Act, RSBC 1996comes into the picture to provide protection for the injured party, which is definitely going to be the passenger.

Liability has to be proven

You have to understand that when it comes to accidents involving pedestrians, the law is almost always going to be on the side of the pedestrian, regardless of whether or not he was the one who wasn’t paying attention to the conditions on the road and he had decided to pass when it wasn’t that safe. The presumption is that the passenger is utterly exposed and he is susceptible to incurring more damages than the driver of the car. Of course, there is a lot of merit to this particular suggestions but it also raises a lot of moral questions which are likely to be left unanswered on behalf of the legislative authority. After all, the main designation of the law is to provide clear and concise parameters which are going to offer sufficient protection to the society and all of its members. In this particular situation, the one who needs protection is literally the party which is more susceptible to incurring greater injuries.

Crucial specification

However, it’s important to clear some crucial specifications. It’s not absolutely necessary that the insurance company is going to cover all of the damages that the driver would have to pay. This would depend on the coverage that he has subscribed for as it’s not mandatory to pay for full coverage. That is why your lawyer will need to step in and work towards getting you maximum leniency and in case, the pedestrian was jaywalking, you deserve compensation.

The next thing that you need to know is that the pedestrian is going to be able to claim all of the damages that you could possibly imagine, including the sustained orthopedic injuries and the expenses surrounding them as well as the pain and suffering caused by the event itself. This is why the compensation could skyrocket, if the judge decides that the driver should be found liable for significant amount of damages.

Of course, the situation itself has to be taken under vast consideration but the chances are that the judge is going to penalize the driver severely for not being cautious enough. This is also part of the overall governmental policy of making the regulations and control far stricter than it is right now in order to limit the accidents by inducing fear of the legal charges that the driver might be subjected to.