Vehicle Accident
Pedestrian Car Accidents On The Rise In Toronto
The incidents of pedestrian car accidents in Toronto have dramatically increased in recent weeks. When there is a collision between a motor vehicle and a pedestrian, there is a high risk for serious or fatal injury. Often drivers on the road simply don’t see pedestrians or drive in a way that subjects pedestrians to harm. Injuries often include traumatic brain injury, spinal cord or serious orthopedic injuries and amputation of limbs. Most fatal accidents occur as a result of the pedestrian sustaining a traumatic brain injury from striking their head against the vehicle or street.
Drivers should pay special attention in areas of high pedestrian traffic such as school zones or malls. A common cause of a motor vehicle accident is when a turning vehicle fails to notice a pedestrian crossing in the pedestrian crosswalk. Too often, a driver will be concerned with other vehicles and neglect to check for pedestrians.
Pedestrians must take care when crossing the street as well. Pedestrians should always obey the traffic or pedestrian signals and never jaywalk as this increases the chances of becoming another statistic. The simplest advice is what every good parent tries to teach their child and that is, look both ways before crossing the road. It would seem that in the colder weather, people often tend to be in a hurry and take less care to insure their own safety while crossing intersections and parking lots.
There are several “rules of the road” that arise in civil actions involving pedestrian car accidents. The Highway Traffic Act states that when loss or damage is sustained by any person by reason of a motor vehicle on a highway, the onus of proof that the loss or damage did not arise through the negligence or improper conduct of the owner, driver, lessee or operator of the motor vehicle is upon the owner, driver, lessee or operator of the motor vehicle. That essentially means that if a person were hit by a motor vehicle it will be up to the driver of the vehicle to prove that he or she was not the negligent party.
When a pedestrian in Ontario is injured they would normally have insurance benefits available to them to cover the damages. If they do not have their own insurance policy, they may apply to the insurer of the vehicle that hit them or in some circumstances to the Motor Vehicle Claims Fund.
It is everyone in Toronto’s responsibility to ensure that the roads are safe, both drivers and pedestrians alike need to be sure their way is safe before proceeding into streets and intersections. Toronto pedestrians should always cross at the marked pedestrian crosswalks and always be aware of the oncoming traffic before stepping out into the street. Toronto drivers need to pay attention to pedestrians more carefully and not just the other cars on the road. Together we can make our Toronto streets safe for everyone to walk and drive on.
