A motor vehicle is much larger than a single person. Consequently, if a person gets hit by such a vehicle it becomes difficult to see that same pedestrian as the individual who is liable for the unfortunate accident.
What is the view of the court in Canada?
The court may be willing to consider what percentage of the blame for the accident lies with the driver. Still, the court would have to respect Canada’s Highway Traffic Act. According to that Act, the driver that has hit a pedestrian must prove that he or she was not entirely at fault, in order to have the targeted (hit) adult saddled with a percent of the blame.
A driver that hoped to produce proof of a pedestrian’s careless and neglectful activities could not expect success, without hiring a lawyer. The lawyer could look for witnesses. Unfortunately, possible witnesses tend to show up faster, when a motorist comes close to hitting a pedestrian. Still, a member of the police force, may have issued a warning to the pedestrian that later become the target of a car or a bicycle.
Personal Injury Lawyer in Waterloo know that if the driver has proven his or her claim, then the amount awarded to the pedestrian gets reduced. The extent of the reduction should reflect that percentage of the pedestrian’s liability.
What actions by a pedestrian could make that same walker partially liable for an accident?
• The act of jaywalking
• The act of walking out into the street when under the influence of alcohol or drugs
• Failure to look both ways before crossing the street.
Using one of the newer types of diagonal cross-walks prior to the lighting of the appropriate signal. Such cross-walks have been introduced at certain busy intersections. Typically, most of the selected intersections tend to have an unusually large number of pedestrians.
Not demonstrating an awareness of his or her surroundings, while crossing the street. That last action matches with the act of looking at a hand-held device while crossing the street.
Will the public’s widespread use of hand-held devices force changes in the Highway Traffic Act?
At the present time, pedestrians that pay attention to a hand-held device while crossing from one side of the road to the opposite side, do not get penalized, unless they are hit by a motorist. Then their only penalty is a smaller compensation. Is that enough to discourage the practice of using a cellphone or other gadget, while going across the road?
If the answer is “no,” then a harsher penalty will be needed. Should that be a fine? It will be up to Canadians, both the walkers and the motorists, to decide how to move forward with tougher regulations.