A 40 year old male pedestrian suffered suffered serious head injuries after being struck by a delivery truck at the Dundas St and Beverley St intersection on May 3, 2017. Paramedics who rushed to the scene were responding to a 7:15 am emergency call and the injured victim was rushed to the ER. Toronto police have issued an advisory that the intersection will be closed for reconstruction of the accident and investigation into the accident will continue. The truck’s dash-cam footage will also be examined as part of the investigation.

Such incidents bring into sharp focus the fact that pedestrian accidents are on the increase. In Toronto, they have spiked by nearly 15% over the last year, and Toronto police opine that nearly 50-60% of all motor-vehicle fatalities involve pedestrians.

This was one of the reasons that the Making Ontario’s Roads Safer Act was passed swiftly in 2016.

What Causes Pedestrian Accidents?

Accidents involving pedestrians are quite common. It’s a sad but true fact that many pedestrian accidents never get reported, especially when the pedestrian suffers minor injuries. Most pedestrian accidents are caused by driver error, fault or negligence.

Among the main causes of pedestrian accidents are:

• Driver distraction due to electronic devices
• Drug/alcohol impaired driving
• Driver unfamiliar with road
• Aggressive driving/Road rage
• Arterial roads/Highways/Busy Urban Centers
• Failure to yield
• Disobeying traffic signals
• Speeding
• Improper lane use by bicyclists
• Unmarked crosswalks
• Unsafe turns at intersections
• No warning while backing up or making U-turn
• Quieter cars
• Pedestrian inattentiveness: Texting, reading, window-shopping, listening to music, etc
• Pedestrian wearing dark clothes at dusk/dawn
• Poor lighting/visibility/weather-conditions
• Pedestrian ignoring Don’t Walk sign
• Pedestrian crossing road at intersection

Who is Liable?

Pedestrian safety is a good marker for a city’s overall safety parameters. These accidents are not inevitable. Most of them are preventable and avoidable. Motor-vehicle drivers have the added responsibility of ensuring that they drive safely, within prescribed speed limits and that they obey all signs and signals. They also need to make necessary adjustments for weather conditions like rain, snow, slush etc that could cause pedestrians to step off curbs or cross the road unexpectedly or at unmarked places.

Looking at the above causative factors, it’s obvious that most of the errors are committed by drivers, but a few of them could also be errors on the part of pedestrians. Hence in some cases, there may be an element of shared responsibility. Pedestrians are expected to obey traffic rules and signs, avoid jaywalking, remain alert and avoid distractions like texting, music etc. If possible, they should wear bright or reflective clothing especially at night.

Every province has its own set of traffic rules and most of them are in favor of the pedestrian’s right of way. They are most vulnerable and can suffer serious injuries in a collision, hence motor-vehicle drivers are expected to remain alert and cautious.

An experienced car accident lawyer can help you with the right advice, assistance and advocacy.