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22 October 2024

Pedestrian Accidents In Ontario: Causes, Prevention, And Legal Recourse

Boland Romaine LLP

Contributor

Boland Romaine Personal Injury Lawyers is one of Ontario’s most respected injury firms with over 40 years of trial experience. Voted as one of the top 10 personal injury firms by Canadian Lawyer Magazine, Boland Romaine’s lawyers have represented the province’s most vulnerable injured victims in court and won.
Pedestrian accidents are a significant concern in Ontario, as they are throughout the world. While cars, trucks, and other motor vehicles have evolved with safety features...
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Pedestrian accidents are a significant concern in Ontario, as they are throughout the world. While cars, trucks, and other motor vehicles have evolved with safety features to protect drivers and passengers, pedestrians remain vulnerable. The unfortunate reality is that when vehicles and pedestrians collide, the pedestrian almost always bears the brunt of the impact, often leading to severe injuries or even fatalities. This blog aims to shed light on pedestrian accidents in Ontario, including their causes, preventative measures, and the legal recourse available to victims.

The State of Pedestrian Accidents in Ontario

Ontario is a densely populated province with bustling cities like Toronto, Ottawa, and Hamilton, where pedestrian activity is common. According to data from the Ontario Provincial Police and the Ontario Ministry of Transportation, pedestrian accidents are a recurring issue, particularly in urban centers.

In recent years, pedestrian fatalities in Ontario have accounted for a significant proportion of all traffic-related deaths. Data from the Ministry of Transportation shows that approximately 20% of all fatalities in traffic accidents involve pedestrians. The statistics also reveal that a disproportionate number of these incidents occur in urban areas, where traffic volumes are higher, and pedestrians and vehicles interact more frequently.

Pedestrian accidents can happen anywhere, but they are more common at intersections, crosswalks, and areas with heavy foot traffic. While many factors contribute to these accidents, a closer look at the causes can help pinpoint the root issues and suggest methods to prevent future occurrences.

Common Causes of Pedestrian Accidents in Ontario

Several factors contribute to pedestrian accidents in Ontario, ranging from driver negligence to environmental factors. Below are some of the most common causes:

Distracted Driving

One of the leading causes of pedestrian accidents is distracted driving. In today's age of smartphones and other digital distractions, many drivers are not fully focused on the road. Whether a driver is texting, using a GPS, or even just adjusting the radio, these distractions can lead to devastating consequences.

A momentary lapse in attention is all it takes to miss a pedestrian crossing the street. Ontario has implemented strict laws to deter distracted driving, but it remains a persistent issue.

Speeding

Speeding is another major factor in pedestrian accidents. When drivers exceed speed limits, they reduce their ability to react to sudden changes in their environment, such as a pedestrian stepping into the street. Moreover, the faster a vehicle is traveling, the greater the impact and the more severe the injuries sustained by the pedestrian.

Ontario's speed limits are designed to promote safety, particularly in areas with high pedestrian traffic. However, some drivers choose to ignore these limits, putting both themselves and others at risk.

Failure to Yield at Crosswalks

Ontario law mandates that drivers yield the right of way to pedestrians at designated crosswalks. Unfortunately, many drivers fail to comply with this rule, either because they are unaware of the law or because they are in a rush. This failure to yield is a significant cause of pedestrian accidents, especially in busy urban areas where crosswalks are prevalent.

Impaired Driving

Driving under the influence of drugs or alcohol is a well-known cause of all types of traffic accidents, including those involving pedestrians. Impaired drivers have reduced reaction times, impaired judgment, and a diminished ability to control their vehicles. These factors dramatically increase the likelihood of hitting a pedestrian, particularly at night or in low-visibility conditions.

Despite strict impaired driving laws in Ontario, this dangerous behavior remains a contributing factor in many pedestrian accidents.

Jaywalking

While drivers bear much of the responsibility for pedestrian accidents, pedestrians themselves are not without fault in some cases. Jaywalking, or crossing the street outside of a designated crosswalk or crossing against traffic signals, is a risky behavior that increases the likelihood of an accident. Pedestrians who jaywalk may not be easily visible to drivers, especially if they are crossing in an unexpected location.

Poor Visibility

Accidents are more likely to occur in low-light conditions, such as at night or during bad weather. In these conditions, pedestrians can be harder to spot, particularly if they are not wearing bright or reflective clothing. Poor visibility makes it more challenging for drivers to see and react to pedestrians in time to avoid a collision.

Bad Weather Conditions

Ontario experiences a wide range of weather conditions, from snow and ice in the winter to heavy rain in the spring and fall. These weather conditions can significantly impact both driver and pedestrian behavior. Slippery roads can reduce a driver's ability to stop in time, while pedestrians may be less cautious as they rush to escape the cold or rain.

Inadequate Infrastructure

In some cases, the design of roads and intersections contributes to pedestrian accidents. Poorly lit streets, inadequate signage, or a lack of pedestrian crossings can all increase the likelihood of an accident. While Ontario cities are continuously working to improve infrastructure, older or neglected areas may still pose risks to pedestrians.

Common Injuries in Pedestrian Accidents

Pedestrian accidents often result in severe injuries due to the sheer force of impact between a vehicle and an unprotected person. Some of the most common injuries include:

Head and Brain Injuries

Traumatic brain injuries (TBI) are one of the most severe outcomes of pedestrian accidents. These injuries can range from mild concussions to more serious brain damage, leading to long-term cognitive and physical disabilities.

Spinal Cord Injuries

Spinal cord injuries are another catastrophic consequence of pedestrian accidents. These injuries can result in partial or complete paralysis, impacting the victim's ability to walk or function independently.

Fractures and Broken Bones

Pedestrians involved in vehicle collisions frequently suffer fractures or broken bones, especially in the legs, hips, and arms. While these injuries may heal over time, they often require surgeries, physical therapy, and extended recovery periods.

Internal Injuries

The force of a collision can cause internal injuries to vital organs, such as the liver, spleen, and lungs. These injuries can be life-threatening and may require emergency surgery.

Cuts and Lacerations

While cuts and lacerations may seem less severe than other injuries, they can still cause significant pain, scarring, and, in some cases, lead to infections or other complications.

Psychological Trauma

Beyond physical injuries, pedestrians involved in accidents often suffer from psychological trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD). These emotional and psychological effects can be long-lasting and require treatment to manage.

Preventing Pedestrian Accidents in Ontario

Preventing pedestrian accidents requires a combined effort from both drivers and pedestrians, as well as improvements in infrastructure and traffic laws. Below are some preventative measures that can help reduce the number of pedestrian accidents in Ontario:

Driver Awareness and Education

Drivers need to be educated about the dangers of distracted and impaired driving, speeding, and the importance of yielding to pedestrians. Public awareness campaigns, along with stricter enforcement of traffic laws, can help change driver behavior.

Pedestrian Education

Pedestrians also play a role in preventing accidents. Following traffic signals, using crosswalks, and avoiding jaywalking can help reduce the risk of being hit by a vehicle. Public education campaigns aimed at pedestrians can help raise awareness of these safety measures.

Improved Road Design

City planners and transportation authorities can take steps to design safer roads for pedestrians. This can include installing better lighting, adding more crosswalks, implementing traffic calming measures (such as speed bumps), and creating pedestrian-only zones in busy urban areas.

Enhanced Traffic Signals

Traffic signals can be modified to give pedestrians more time to cross streets safely. Implementing pedestrian countdown timers and creating longer intervals between green lights for vehicles can help reduce pedestrian accidents.

Stricter Penalties for Traffic Violations

Stricter penalties for drivers who violate traffic laws, such as failing to yield at crosswalks or driving while distracted, can act as a deterrent and encourage safer driving habits.

Use of Technology

Advances in vehicle technology, such as pedestrian detection systems and automatic emergency braking, can help reduce the likelihood of accidents. Encouraging the use of these technologies, especially in urban areas, could lead to a significant decrease in pedestrian-related accidents.

Legal Recourse for Pedestrian Accident Victims

In Ontario, pedestrians who are injured in accidents have the right to seek compensation for their injuries. This compensation can help cover medical bills, lost wages, and other damages related to the accident. Below are the legal avenues available for pedestrian accident victims:

Filing a Personal Injury Claim

In Ontario, pedestrian accident victims can file a personal injury claim against the at-fault driver. To do this, the victim must prove that the driver was negligent, meaning that they failed to exercise reasonable care, leading to the accident. Negligence can include distracted driving, speeding, failing to yield, or driving under the influence.

Accident Benefits

Ontario's no-fault insurance system allows pedestrians injured in accidents to access accident benefits, regardless of who was at fault. These benefits can cover medical expenses, rehabilitation costs, and lost income. Accident benefits are available through the injured pedestrian's auto insurance policy, or, if the pedestrian does not have auto insurance, through the insurance policy of the driver involved in the accident.

Filing a Lawsuit for Wrongful Death

If a pedestrian dies as a result of an accident, their family members may file a wrongful death lawsuit against the at-fault driver. This type of lawsuit seeks compensation for funeral expenses, loss of companionship, and the financial support the deceased would have provided to their family.

Working with a Pedestrian Accident Lawyer

Navigating the legal system can be complicated, especially for those recovering from serious injuries. Hiring an experienced personal injury lawyer can help victims understand their rights, gather the necessary evidence, and pursue fair compensation. Lawyers can also negotiate with insurance companies on behalf of the victim to ensure they receive the benefits and compensation they are entitled to.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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