Regardless of why the chicken crossed the road, it had the right not to get hit by a car. So do you. If you get hit by a car as a pedestrian, there are a lot of things to consider. This blog will provide an overview of things to keep in mind, both as a pedestrian and as a driver.

Right of Way

Pedestrians in Ontario have the right of way when crossing the road. This means that cars must yield to pedestrians. No amount of signaling can circumvent this obligation.

When a pedestrian is hit by a car, not only is the driver liable for the pedestrian’s injuries, but they are also likely to face Highway Traffic Act (HTA) charges for failing to yield. If distracted driving (texting or talking on the phone, eating, etc.) was a contributing factor, drivers can face other HTA charges too.

Contributory Negligence

In pedestrian injury cases, the actions of the driver are not the only relevant consideration. Did you cross the road without a proper signal? Were you on your phone? Texting? Playing a game? If your actions contributed to the accident, your damages may be reduced. Stay safe and stay attentive when you are crossing the street.

Third-Party Liability

Even if a driver hits you, and regardless of whether you did anything to contribute to the accident, there could be other parties liable for the injuries you sustain as a pedestrian. For example, if the injury is caused by a defective traffic light or signal, poorly maintained sidewalks, or other infrastructure issues, municipalities, engineers, and property owners could also be liable for your injuries. It’s important to know who is responsible and to name all parties in an action. We can help you sort this out.

Accident Benefits

As a pedestrian, if you are hit by a car, you may still be able to access treatment through your own car insurance provider using your Accident Benefits.

If you are a pedestrian involved in a car accident, your Accident Benefits can provide you with income replacement benefits for up to 104 weeks (up to 70% of your pre-accident income, to a maximum of $400 per week), medical and rehabilitation care benefits (to cover health care treatment expenses like physiotherapy, prescriptions, counseling, etc.), and attendant care benefits (to help you take care of yourself and your home). It’s important that you understand your entitlement to these benefits.

Proving Fault

When a driver hits a pedestrian, the driver must show that he or she is NOT at fault. Read more about this reversal of the regular negligence rules here.

Avoid Pedestrian Injuries

As a driver, yield to pedestrians. Check the crosswalk, do your left-right-left checking before you turn, and watch for pedestrians to fully cross the road before you drive.

As a pedestrian, be aware of your surroundings. Don’t text and cross. Check both ways. Get to the other side.

If you or your loved one sustains an injury as a pedestrian, the lawyers at Bergeron Clifford are here to help you navigate these claims. Call us today.

RACHEL LAW

Rachel joined Bergeron Clifford LLP in August 2022. Rachel has an undergraduate degree in English from Queen’s University, where she also completed her Juris Doctor. After finishing her articles at the Queen’s Law Clinics, Rachel was called to the Bar in Ontario and worked in family law and social assistance law before joining Bergeron Clifford LLP.

Read more