Pedestrian and cyclist injuries in Nova Scotia

Two years from discovery

The Limitation of Actions Act sets two years from discoverability with a fifteen-year ultimate period, and a limited judicial discretion to extend in defined circumstances.

Not the same case twice

Pedestrians and cyclists struck by vehicles suffer disproportionately severe injuries, and in most provinces the law places an onus on the driver to explain how the collision was not their fault. But intersection dynamics, visibility, clothing, helmet use and signal timing are all litigated hard, and municipal design or maintenance can be a live issue alongside the driver.

The reverse onus

In several provinces the driver must disprove negligence. That materially changes leverage, and a firm that knows how to press it early settles differently.

Whether you own a vehicle or live with someone who does

Accident benefits frequently flow from a household auto policy even though you were on foot or on a bicycle. Many injured pedestrians never claim them.

Road design and maintenance

Where infrastructure contributed, a claim against a municipality may exist alongside the driver claim — with a much shorter notice deadline.

Helmet use

It will be raised. Its actual legal effect is narrower than most people fear, and a good firm frames it correctly rather than treating it as a weakness.