Whenever a person has been seriously injured in an auto-pedestrian accident in Ontario, the issue of liability is determined by the province’s laws. Therefore, while the driver’s insurance company may make its own determination of liability, the driver could still be held legally responsible through a separate determination by the province.
On behalf of Joseph Caprara of CBLAW posted in Pedestrian Accidents on Friday, November 14, 2014.
Whenever a person has been seriously injured in an auto-pedestrian accident in Ontario, the issue of liability is determined by the province’s laws. Therefore, while the driver’s insurance company may make its own determination of liability, the driver could still be held legally responsible through a separate determination by the province.
Although the laws strongly side with pedestrians who risk becoming severely hurt in an auto-related crash, pedestrians are also required to obey certain traffic laws. For example, when crossing the roadway, pedestrians should use vigilance and use only legally designated crosswalks. Nevertheless, there are times the driver’s insurance company could still hold a driver liable even though a pedestrian was legally at-fault in the accident.
If a pedestrian was in the right-of-way when injured by a motorist, both the law and a motorist’s insurance company would usually hold the motorist liable. Since many pedestrians include young children who may dart suddenly into a street, the law requires motorists to drive carefully and be aware of their presence. Moreover, any motorist who causes a pedestrian accident because of negligent driving will most likely be held liable.
In situations where a motorist crashed into an object or another driver in an attempt to avoid colliding with a pedestrian, liability determinations may or may not consider the pedestrian as a factor. In many provinces, it is up to the auto insurance company to determine the liability in these circumstances, but Ontario relies on Fault Determination Rules whether a pedestrian was involved or not. In cases where a motorist rear-ends another motorist who abruptly stopped for a pedestrian, the second motorists may be held liable for driving too closely.
When a negligent driver strikes and injures a pedestrian, the pedestrian may be able to hold the driver liable for his or her accident-related losses. A lawyer may help the victim recover those losses through a personal injury claim.
Source: InsuranceHotline.com, “Accidents Involving Pedestrians: Who is at Fault?,” Nov. 9, 2014