What is a driver’s responsibility to avoid an accident?
Motor Vehicle Accidents Involving Pedestrians
There have been an alarming number of motor vehicle accidents involving pedestrians in Hamilton recently. More upsettingly, many of these accidents have been “hit-and-runs”. At the time of writing, two teenagers have been seriously injured within the past week, and nine people have been killed in such accidents in 2022, already matching the total pedestrian fatalities for 2021. While determining liability in these types of accidents is often complex, this article discusses briefly the duties of drivers and pedestrians to avoid such accidents.
Drivers always have a duty to pay attention to their surroundings, and, specifically, to keep a proper lookout for pedestrians. The Highway Traffic Act places a “reverse onus” on drivers who strike a pedestrian on a public road. This means that a driver is presumed to have acted negligently unless they can prove they were driving with due care and attention. Regardless of a pedestrian’s actions, if a driver does not keep a proper lookout or was negligent in some other way, like speeding, a driver will be found at least partially liable.
Pedestrians, on the other hand, only have to prove an accident occurred and that they suffered damages as a result. However, pedestrians do not have an absolute right of way when crossing or travelling a roadway – they must still look out for their own safety. Pedestrians who jaywalk, fail to watch for traffic or who are not visible to a driver, for example, have been found either completely or partially liable for their injuries.
This article was originally published by The Hamilton Spectator.
