A pedestrian may be partially at fault for the accident if he or she was not acting in a safe manner. For example, a pedestrian may not look before crossing at a cross walk or may cross the street outside of a cross walk. If a pedestrian is found to have acted unreasonably in the circumstances, he or she may be found to be contributorily negligent and the pedestrian’s damages could be reduced.
In certain cases, ICBC may deny a pedestrian’s entitlement to any damages. For example, where the pedestrian was jaywalking and the driver did not have an opportunity to avoid hitting the pedestrian.
Medical and Rehabilitation Benefits
Under Part 7 of the Insurance (Vehicle) Regulation, ICBC will provide certain insurance benefits to pedestrians injured in an accident irrespective of who caused or contributed to the accident. These no fault Part 7 Benefits may pay for expenses such as physiotherapy, medical equipment, and medication. The maximum that ICBC will pay under these Benefits is $150,000.
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