Pedestrian accidents are a serious issue in Canada. These crashes are rarely minor, often causing serious injuries and even death. In 2017, 284 pedestrians were killed in the country. This accounted for 15.4% of motor vehicle fatalities.
Pedestrian crashes tend to be the fault of the driver. Drivers cause roughly two-thirds of pedestrian accidents in Ontario, while the other one-third are caused by the pedestrians’ own actions. This means that drivers need to stay alert and take care to avoid these often serious crashes. Pedestrians always have the right of way under Ontario law, unless the pedestrian is not obeying the law. Most pedestrian crashes can be prevented.
In Ontario, there are various laws that outline the pedestrian’s right of way. Some of them include the following:
- Pedestrians have the right of way at intersections with a circular green indicator or a traffic light indicating ‘walk.’
- Pedestrians have the right of way even if the indicator changes before they finished crossing.
- Drivers turning at an intersection must yield the right of way to pedestrians crossing the road at the same time.
- Drivers leaving a private driveway or other private road must yield the right of way to pedestrians on the sidewalk.
- It is illegal for drivers to pass other vehicles within 30 meters of a pedestrian crossover.
- Pedestrians should avoid crossing a street if the lights on the traffic control signal if the lights are red or amber, or there is a ‘don’t walk’ indicator.
If you are involved in a pedestrian crash, the team at Preszler Law Firm can help. We can assess your case, help you file the necessary forms, and guide you through the process. Our lawyers have helped thousands of clients receive the compensation they need to recover from the injuries they sustained in a pedestrian accident. We understand that these injuries can be serious and result in lifelong complications. Schedule a free consultation today by calling 1-800-JUSTICE.
Our pedestrian accident lawyers can meet with you in Belleville for a free initial consultation. Call (416) 364-2000
Common Factors in Pedestrian Accidents
Pedestrian accidents can occur in many ways. Failure to yield is one of the most common issues. Before a vehicle continues straight or turns at an intersection, they should always be on the lookout for pedestrians who have the right of way.
Distracted driving is a huge issue in Canada and other parts of the world. Drivers and pedestrians alike need to refrain from cell phone use while on the roadways. Texting is the most dangerous type of distraction, as it takes a person’s eyes off the road, their hands off the wheel, and their focus off the act of driving. However, other distractions can lead to pedestrian accidents, as well. Talking to passengers, animals in the car, reading, eating, applying makeup, and changing radio stations can also contribute to serious crashes.
Disabled pedestrians are more likely to get hit by a car and injured. Those who use canes, walkers, and wheelchairs move more slowly and can easily get hit by impatient drivers. This is also true for the elderly. Senior citizens over the age of 65 account for more than one-third of pedestrian deaths.
The speed of the vehicle is also an issue. Higher speeds mean more serious injuries due to the impact involved. However, even low-speed crashes can cause significant damage.
Interestingly, male drivers are more likely to be involved in fatal pedestrian crashes. 70% of these crashes were caused by men.
Alcohol and drug use is another factor. Pedestrians are more likely to be intoxicated than drivers. Those who use the road should be sober and alert. While walking is better than driving a car when a person is intoxicated, they still lack judgment and reaction times, making accidents still possible.
Belleville Pedestrian Accidents Lawyer Near Me (416) 364-2000
Common Injuries in Pedestrian Accidents
The injuries a person will suffer in a pedestrian crash depend on the speed of the vehicle. However, even a crash at speeds of just 10 mph can cause serious injuries.
Pedestrians are often knocked over in crashes, especially ones that occur at high speeds. A person who falls can also suffer a spinal cord injury. The spinal cord and brain work together, so even a minor injury can cause significant damage.
Head trauma is also common in these crashes. A person can hit their head on the ground and suffer a concussion or more serious brain injury. Such an injury can lead to memory or speech issues. Some suffer behavioral or emotional changes. Some injuries can lead to coma or even death.
Broken bones are also common. A pedestrian accident victim can suffer broken arms, legs, and rib fractures. Organ damage, internal bleeding, and internal injuries can also occur.
Ontario Laws in Pedestrian Accidents
Ontario laws require quick action following a pedestrian crash. You will be required to contact your insurance company or the other driver’s company within one week of the accident. You must then request an Application for Accident Benefits application and submit it within 30 days after receiving the application.
These deadlines must be followed. There is no grace period and not knowing the deadlines is not considered a valid excuse. If you wait too long, you could lose out on obtaining the benefits you deserve.
You also have the ability to file a lawsuit against the at-fault driver to recover compensation for medical bills, lost wages, and pain and suffering. However, you have just two years to do so.
As you can see, deadlines are important in Canada pedestrian accident cases. This is why securing the right legal help is important. Contact a pedestrian accident lawyer from Preszler Law Firm today. We can help you file your Application for Accident Benefits and walk you through the other steps of the process. We can ensure the insurance company gives you the benefits you deserve and assist you with suing the at-fault driver.
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Speak with an Experienced Pedestrian Accident Lawyer
Pedestrians have little protection in the event of an accident. Even a crash at low speeds can cause serious injuries.
If you or a loved one were injured in a pedestrian accident, the pedestrian accident lawyers at Preszler Law Firm can help. We can assess your case and help you understand the benefits you can receive under Canada law. Schedule a free consultation today by filling out the online form or calling our office at 1-800-JUSTICE.