More than 300 pedestrians lose their lives in road accidents in Canada every year. Needless to say, the number of injured pedestrians is significantly higher. The worst part about pedestrian accidents is that they can cause severe injuries to pedestrians even at low speeds, unlike passengers strapped with seatbelts inside a car.
However, it is prudent to mention that if the plaintiff successfully proves the driver’s fault in a pedestrian accident, they can secure compensation for the damages. You can seek help from the lawyers who sue police in Ontario Canada, for your case, as they are better equipped with the knowledge and expertise to handle such cases.
Who can be held responsible for a pedestrian accident?
While a negligent driver is mostly at fault for causing the pedestrian accident, it is important to understand that sometimes other reasons may also lead to pedestrian accidents. Usually, one of the following can be responsible for causing a pedestrian accident.
Driver
A driver is held responsible in most pedestrian accidents due to one or more of the following reasons that usually lead to the accident.
- Using cell phones, tablets, or other devices while driving, i.e., due to distracted driving.
- Overspeeding is another reason that can lead to pedestrian accidents, as it is relatively difficult to see a pedestrian in time to avoid a collision when driving at a higher speed.
- Driving under the influence of alcohol or other substances also may lead to pedestrian accidents.
- Failing to yield the right-of-way to a pedestrian can also lead to pedestrian accidents.
- A driver not following traffic signals and rules may also cause pedestrian accidents.
Pedestrian
A pedestrian may sometimes be held responsible for causing an accident. Here are some cases in which a driver may not be at fault.
- A jaywalking pedestrian may fail to yield to the traffic and cause an accident.
- Pedestrians playing or working on the roads may also cause a road accident.
- Pedestrians who do not follow traffic lights and cross the streets may risk being hit by a car.
- Pedestrians using phones or listening to music on headphones may also cause road accidents.
- Pedestrians under the influence of alcohol or drugs may fail to follow the traffic rules while walking on the sidewalks and cause an accident.
Other factors
Sometimes, a pedestrian accident may be caused due to other factors.
- Higher speed limits on roads can reduce pedestrian safety.
- Poorly lit lanes can also lead to accidents, especially during night, dusk, or dawn.
- A lack of sidewalk infrastructure may also lead to road accidents.
Proving negligence of a driver in pedestrian accidents?
A plaintiff has to prove the following in a court of law to secure compensation against the damages incurred in a pedestrian accident.
- The driver owed a duty of care to the pedestrian.
- The driver failed to perform that duty and acted unreasonably.
- The unreasonable act of the driver caused the accident, which caused the injuries to the plaintiff. (However, a plaintiff cannot include a pre-existing injury.)
- The plaintiff (pedestrian) suffered damages like pain, lost wages, medical costs, etc.
What should you do in case of a pedestrian accident?
A pedestrian accident can be fatal, as pedestrians lack protection. Here’s what to do if you or someone you know faces a pedestrian accident.
- Seek medical help, call an ambulance, and receive appropriate treatment for the injuries.
- Collect evidence, take pictures of the scene, exchange information with the driver, collect CCTV footage, and document the incident.
- Call the local police as soon as possible and cooperate with the investigation. Remember to obtain a copy of the police report.
- Inform your insurance provider about the accident.
- Hire a professional lawyer to represent your case in court and secure compensation.
It is needless to say that, pedestrians must also be cautious while walking on the sidewalks and crossing the streets to ensure their safety. However, seeking legal advice in case of a pedestrian accident can help you understand your rights.
