Often other drivers on the road simply don’t see pedestrians or drive in a way that subjects pedestrians to harm. Injuries often include traumatic brain injury, spinal cord or serious orthopaedic injuries and amputation of limbs. Pedestrians are at an obvious disadvantage when involved in a collision with a car, truck, motorcycle, bus or other motor vehicles and they have little or no protection.
Global news has obtained data showing the dates of over 20,000 pedestrian accidents from 2000 to 2009. It showed that eight out of the ten worst days of the year for pedestrian accidents falls between November 21 and November 30. November 2 and December 22 are the other two days.
There are several possible explanations for this phenomenon. November and December have much less daylight. As the weather gets colder, pedestrian seem to be rushing a little more to get where they need to be. As the holidays approach, people seem to be busier in general and out and about more, especially at the malls.
The City of Toronto conducted a pedestrian collision study in January 2007. It found that 12% of pedestrian/motor vehicle collisions resulted in major injuries or fatalities. 50% of the fatalities were seniors (aged 65+). 72% of the accidents involved male drivers. The study also found that a higher percentage of accidents happened at rush hour, during weekdays and in the downtown area.
There are several “rules of the road” that are useful in pursuing pedestrian accident claims. The Highway Traffic Act states that when loss or damage is sustained by any person by reason of a motor vehicle on a highway, the onus of proof that the loss or damage did not arise through the negligence or improper conduct of the owner, driver, lessee or operator of the motor vehicle is upon the owner, driver, lessee or operator of the motor vehicle. That essentially means that if you were hit by a motor vehicle it will be up to the driver of the vehicle to prove he or she was not negligent.
Raphael Barristers have been practicing personal injury law for over 50 years. Our lawyers provide legal service to the residents of Toronto, Mississauga, Oakville, Markham, Oshawa, Richmond Hill, Brampton, Burlington, Milton, Whitby, Pickering, Etobicoke, Thornhill, North York, Scarborough, Owen Sound, Collingwood, New Market, Aurora, Barrie, Hamilton, St. Catharines, Niagara, Guelph, Kitchener, Waterloo and London, and to the Greater Toronto Area (GTA), the Golden Horseshoe and the rest of Ontario. Call Jeffrey Raphael at 416-594-1812 or 1-877-217-1812 for a free consultation. Visit us at www.raphaelbarristers.com.