When we think of pedestrian-motorist collisions, it’s common to think of collisions that have left victims with serious and even life-threatening injuries. A recent example is the hit and run collision between a vehicle and a 61-year-old pedestrian that took place in Toronto back in October 2017. This specific pedestrian-motorist collision made headlines as police released a video of the incident to the public in hopes they could identify the person responsible for leaving the victim with a cracked pelvis, several bruises and an overwhelming amount of pain.

The victim in this case was crossing the street at a designated intersection. She had the right of way and was following the rules of the road. The driver, on the other hand, failed to exercise caution and look for pedestrians crossing when he/she decided to make the left-hand turn. Fortunately for the victim, she survived this collision and the incident was caught on a nearby street camera, clearly showing the driver’s negligence.

While the driver was certainly at fault in this incident, not all pedestrian-motorist collisions are easy to prove. Fortunately, when pedestrians are injured by motorists on roads in Ontario section 193(1) of the Highway Traffic Act creates a reverse onus that requires the motorist to disprove their negligence.

Driver’s Negligence

Unfortunately, pedestrian-motorist collisions happen more often than you might think, and there can be a number of different reasons why a driver might be considered negligent if involved in this type of collision. Some common reasons include:

  • Failing to give the right of way
  • Speeding
  • Distracted driving
  • Driving under the influence

Pedestrian Negligence

While pedestrians usually have the right of way when it comes to Ontario roadways, it is everyone’s responsibility to share the road and use it responsibly. In some cases, pedestrian-motorist collisions can be caused by a pedestrian’s failure to use the road responsibly. Some common causes for this include:

  • Distracted walking
  • Jaywalking
  • Walking on roadways instead of sidewalks
  • Wearing dark clothing at night

Serious and Life-Threatening Injuries

Regardless of driver or pedestrian negligence, injuries that are sustained from these types of collisions can be serious and life-threatening. Some of the most common injuries are:

  • Broken bones and fractures
  • Lacerations
  • Traumatic brain injuries
  • Spine and back injuries
  • Asphyxia
  • Internal bleeding

Avoiding Pedestrian-Motorist Collisions

Whether you are a motorist or a pedestrian, you are responsible for exercising caution and following the rules of the road. To do this, motorists should:

  • Stay alert at all times and always be aware of their surroundings
  • Use extra caution at intersections
  • Always check mirrors and blind spots when turning or merging
  • Reduce speed when driving in an area with high pedestrian traffic
  • Never drive distracted or under the influence

Likewise, pedestrians can also avoid potential collisions by being aware of their surroundings at all times, not becoming distracted by mobile devices and exercising extra caution at intersections.

If You Become Injured

If you become injured in a pedestrian-motorist collision that is the direct result of another person’s negligence, you may be entitled to compensation. The best course of action in any situation of this nature is to:

  • Seek medical attention immediately
  • Report the incident to the police
  • Report the incident to your automobile insurer and if you don’t have an automobile insurer then report the incident to the motorist’s automobile insurer to access statutory accident benefits coverage
  • Record the contact information of any witnesses who may have seen the collision unfold
  • Record as many details from the scene of the incident as possible
  • Take photos of the scene of the incident if possible
  • Contact an experienced personal injury lawyer

Contact Harrison Pensa

At Harrison Pensa, our professional personal injury lawyers will assess your situation, file your claim and help you build a successful case. If you or someone you know has been injured in a pedestrian-motorist collision, Contact us today by phone at 1-855-744-9228 or by email at personalinjurygroup@harrisonpensa.com.

A word from our clients

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"Foremost, Mr. Rady is a wonderful and caring Lawyer. He will go above and beyond to ensure that you understand."
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October 16, 2019

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