Yes, pedestrians can sue if hit by a car. If the driver’s identity is known, the pedestrian may sue the driver and owner (who, in turn, may have insurance to pay for the pedestrian’s injuries). The pedestrian must file a lawsuit within two years of the date of the accident to avoid prejudicing their right to pursue damages.
If the driver is unidentified (as is often the case in a hit-and-run) or is uninsured or underinsured, the pedestrian may be able to claim compensation through the Motor Vehicle Accident Claims Program (MVAC). MVAC allows individuals injured in accidents caused by an uninsured, underinsured, or unidentified driver to bring a lawsuit under the Motor Vehicle Accident Claims Act to receive up to $200,000 in compensation for their injuries. It is important to note that MVAC must be notified of a potential claim within 90 days of the accident. Failing to notify MVAC within this time period could cause the claim to be denied.
Determining liability and taking the appropriate steps to secure your rights and position your claim for success requires extensive legal knowledge and experience with the Alberta legal system. Contacting a qualified motor vehicle accident lawyer is the best way to ensure you understand your legal options and obtain the maximum compensation possible.