Pedestrian Accident and Injury
The Greater Toronto Area is home to millions of people and hundreds of thousands of motorized vehicles. It comes as no surprise that pedestrians get struck by motorized vehicles on a daily basis. When a pedestrian and a motorized vehicle collide the pedestrian is almost always on the losing end. If you are involved in a pedestrian accident it is essential to report the accident to the police and to seek immediate medical help, no matter how minor your injuries. Even the smallest of injuries can cause a lifetime of pain and suffering and can effect how you live your life. After getting medical help your next step is to contact a lawyer to help you receive the compensation you deserve.
Who is at fault in a pedestrian accident?
According to section 193 (1) of Ontario’s Highway Traffic Act, when a motorist strikes a pedestrian, the onus is on the driver of the vehicle to prove they were not at fault. The pedestrian only has to prove that an accident has happened. This differs from most court cases, as the driver is essentially considered guilty until proven innocent.
It is important to never accept an early settlement from the driver’s insurance company before seeking legal advice. While the insurance company may find the driver to not be at fault, the legal system may come to a different conclusion and deem the driver responsible for the accident.
Right of Way
- Unique to each province but usually favours the pedestrian
- Drivers must be extra cautious anytime pedestrians are present
- Pedestrians must follow laws as well: cross at intersections and crosswalks, exercise caution, and not make sudden movements on to the road
It is important to note that in a situation when a pedestrian did not have the right of way, their insurance company may still find the motorist to be at fault.
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