When vehicles and pedestrians collide, we instinctively know who will come off worse.
But a recent set of research studies drives the reality home, offering a sobering reminder of the vulnerability of road users travelling on foot.
Over the last decade, we have seen plenty of legislative measures targeted at distracted, dangerous, inattentive, and impaired driving. Despite those efforts, a Statistics Canada report found that approximately 300 pedestrians die every year in Canada.
Intersections top danger zones
Closer to home, an Ontario study revealed that 96 pedestrians were killed on the province’s roads in 2023. Another 4,000 Ontarians survived collisions but were left with injuries ranging from bumps and bruises to fractures to life-altering brain and spinal trauma.
And while many of us tend to think of jaywalking as a key cause of pedestrian-involved accidents, that wasn’t borne out in the research. According to the StatsCan report, which was compiled from coroner and medical examiner reports across the country, intersections — despite having crossing signals and road markings — are the most common location for pedestrian fatalities.
The report also found that alcohol, cannabis or other drugs had been consumed either by the driver or the victim in one-fifth of pedestrian fatalities, while a further 8 per cent of the deaths occurred in hit-and-runs.
Tips for pedestrian safety
In my practice as a personal injury lawyer, I have found that dangerous or distracted driving is a frequent factor in these kinds of cases, but it’s important to remember that pedestrians can reduce the risk of serious injury and/or death on the road. Here are a few key safety tips highlighted in the StatsCan report:
- Use sidewalks and walk facing the oncoming traffic if there is no sidewalk available
- Cross the street at designated crosswalks
- Make eye contact with the drivers of oncoming vehicles to make sure you are seen
- Avoid alcohol and drug impairment when walking
- Wear bright and reflective clothing and use a flashlight at night.
If you’re ever unfortunate enough to be involved in a pedestrian accident, your first priority should be your own health and safety. Focus on getting yourself and any others out of harm’s way, before calling the police and other emergency services if they are required.
Seek medical attention, monitor your condition and follow any advice you receive from caregivers.
If you’re capable, take some photos of the accident scene and get the contact information for nearby witnesses, as these photos may be useful if the matter ends up in litigation further down the line.
The law is on your side
Pedestrian accident injury victims who end up filing a legal claim will find a silver lining in court, where Ontario law gives them a boost that acknowledges their vulnerability on the road.
In a motor vehicle accident involving pedestrians, the driver is presumed negligent until proven otherwise. While a plaintiff in a non-pedestrian motor vehicle accident case would have to prove the defendant’s negligence, the province’s Highway Traffic Act reverses the onus in pedestrian accident cases. Pedestrians simply need to prove the existence of the accident, whereas the driver must prove that they were not negligent, even if the injured person was not crossing at a designated intersection.
The result is that pedestrians face a significantly lower burden when it comes to establishing driver liability for their injuries. However, a judge may assign a portion of liability to the pedestrian if the judge finds that the pedestrian was acting negligently and/or if the driver acted reasonably in the circumstances
If you’ve been injured in a pedestrian accident, feel free to contact me or another of the experienced personal injury lawyers in Oakville on the team at Edwards Pollard LLP. We can help you get the compensation you deserve.