The terrifying reality is that pedestrian versus motor vehicle collisions often result in serious injuries.  With the high number of accidents on city roads each day, we all share the burden of making our streets safer.  Interestingly, the law treats pedestrian accidents differently than other accidents.     

One of the first things I do when I wake up in the morning is check the local news.  Today, the major headline was another deadly pedestrian hit-and-run accident.  As I prepare for work, which involves helping victims of motor vehicle accidents, I wonder why these accidents happen at such alarming rates.

My destination today was the Superior Court of Justice in downtown Toronto. As I got into a taxi and told my driver the destination, he asked me what area of law I practiced. As we were going straight with the right-of-way, a pedestrian suddenly entered the roadway. My taxi driver slammed on his brakes. Thankfully, he came to a stop in time.  After breathing a heavy sigh of relief, he asked me: what would happen in this scenario if he had struck the pedestrian?

Normally, in lawsuits involving motor vehicle accidents, the plaintiff has to prove (on a balance of probabilities) that the defendant caused the collision. In legal terms, this means that the plaintiff has the “burden of proof”. However, the Highway Traffic Act has a “reverse onus” provision for accidents involving a pedestrian; the driver of the vehicle is presumed negligent unless he can prove otherwise. In other words, the driver needs to prove he drove with reasonable care and attention.  The plaintiff only needs to prove he was involved in a collision which caused injury and damages. 

You might wonder how this translates to actual day-to-day driving. As a driver, you need to keep a proper lookout for pedestrians.  This is especially the case when driving in areas of high pedestrian traffic such as the downtown core or in areas with children such as school zones.  Reasonable steps may include slowing down your speed, increased visual scanning for pedestrians and driving in accordance with weather conditions.  It is important to adjust your driving to the environment you are in. As for that taxi driver, I suggested to him that he should install a dash cam if he is concerned that these incidents happen quite frequently.

If you are a pedestrian injured in a motor vehicle accident, you can claim accident benefits from the insurance company of any vehicle involved in the accident, even if you do not have your own automobile insurance policy. These benefits include: income replacement benefits, non earner benefits, attendant care benefits and medical and rehabilitation benefits. Depending on the severity of your injuries and your own personal level of insurance coverage, you may also be entitled to housekeeping and caregiver benefits.

If you were struck by a motor vehicle who fled the scene of the accident, you may still be able to claim benefits through the Ontario government’s Motor Vehicle Accident Claims Fund. This fund was set up to protect those injured by a motor vehicle who do not have access to any private insurance policy.

It is disappointing to see so many hit-and-run accidents in the news in recent days.  It goes without saying that if you are involved in an accident with a pedestrian, do not leave the scene of the accident as it is an offence under both the Highway Traffic Act and the Criminal Code. You should contact emergency services and try to assist those who are injured on the scene. Regardless of whether you are a pedestrian or driver of a vehicle involved in a collision, I would encourage you to seek legal advice.