An Overview of Pedestrian Accidents in US and Canada

Every year, nearly five thousand pedestrians die in traffic accidents, and another 78,000 are injured, according to the National Highway Traffic Safety Association (NHTSA). Thousands of pedestrian accidents that do not involve a motorized vehicle also occur annually--often as a result of substandard property maintenance, construction, defects in sidewalks and parking lots, and debris on walkways.

A pedestrian may be entitled to compensation for damages if a moving vehicle or property defect causes his accident or injury if he can prove that someone was negligent. Under the law, someone can be considered negligent if he fails to take reasonable action to protect others from foreseeable harm. A pedestrian injured in an accident can often prove the negligence of the defendant if the latter owed a legal duty to the victim, failed to fulfill that duty, caused an injury, and harmed the victim in the process.

Courts deciding such cases look carefully at the facts of the accident. More than one party may be liable for the accident. Those who are potentially liable include:

Drivers who hit pedestrians with their cars

The agency or individual responsible for sidewalk, road, or lot maintenance where the accident took place

The pedestrian himself

Pedestrian/Car Accidents

Drivers and pedestrian must obey the rules of the road and exercise reasonable care for the safety of others. It may seem intuitively obvious that one or another party was negligent, but courts examine negligence as it is defined by the law. Someone who is negligent in the way he drives his car or other vehicle may end up having to pay damages for injuries and property damage resulting from that negligence.

Driver’s Duty of Care

Drivers of motorized vehicles must exercise what the law deems “reasonable care under the circumstances.” Failure to do so may result in a verdict of negligence. The following factors contribute to negligence in a driver:

Driving while intoxicated or influenced by drugs or alcohol

Ignoring adverse traffic or weather conditions

Failing to signal a turn

Failing to obey traffic signs or lights

Failure to yield to pedestrians who are crossing at designated crosswalks

Exceeding the speed limit

Being pre-occupied or inattentive

Driver’s Special Duty to Children

Children age’s five to nine are at the highest risk of being hit by a car or other motor vehicle. This is partly because they are smaller, less visible, and their behavior can be unpredictable. United States law says that drivers must exercise extra caution when driving in the vicinity of children. If you see one or more children, you should immediately exercise even more care and attention to prevent accidents. This principle particularly applies when one is driving past a school, playground, or residential neighborhood where children are likely to be present.

Pedestrian’s Duty of Care

United States law says that pedestrians, too, must take reasonable steps to ensure their own safety. A pedestrian can be found guilty of contributing to an accident if he did not take those reasonable steps.

Here are some of the reasons a pedestrian can be found to have contributed to the accident:

Crossing against the “don’t walk” sign

Entering a stream of vehicular traffic and disrupting the flow

Failing to use designated crosswalks when crossing streets

Darting in front of a vehicle

Other Pedestrian Accidents

In most states, property owners have some degree of responsibility to maintain their premises in good working order so that they do not pose a danger to pedestrians and to warn people of dangers that cannot be remedied.

When someone is injured while walking across another’s property, the injured person must prove that the property was dangerous in some way and that the property owner knew of the hazard in order to win damages. A dangerous condition is defined under the law as something that represents an unreasonable risk, but not an obvious one. The property owner can be deemed knowledgeable of the danger if he created it, knew about it but failed to correct it, or the condition persisted for so long that it should have been discovered and fixed before an accident occurred.

Private property owners are usually not responsible if a pedestrian falls and injures himself on a public sidewalk located outside his property. Some business owners, however, have been found liable when their customers exclusively use that sidewalk.

What To Do If You Are In a Pedestrian Accident

If you have been hurt in a pedestrian accident, you should know that other parties may try to blame you and claim that you caused the accident through your own negligence. If you are involved in a pedestrian accident, you should:

●      Call the police right away

●      Stay on the scene of the accident until help arrives

●      Ask witnesses for names and telephone numbers

●      Make no statements to anyone, including drivers or insurers

●      Call a qualified accident or personal injury lawyer in Toronto

Laws Governing Bicycle Accident Liability Involving Children

Too many children are injured and even killed in accidents involving bicycles and automobiles. Drivers must exercise even greater caution when passing or approaching children who are on bikes. Courts hold children on bicycles to a lower standard of care when they are in accidents with cars.
 
Drive With Extra Care When Children Are On the Road 

Drivers are always expected to exercise reasonable care to avoid accidents and ensure safety when they are on the road. When a car/bicycle accident occurs, courts will examine negligence, looking for evidence of reckless driving on the parts of the driver and the bicyclist. When there are children in the vicinity, the drivers must exercise even greater care. Drivers need to anticipate, for instance, that a nearby child may run into the street or become frightened if the car is going too fast. 

If you see children or if you are driving through an area frequented by children like a school zone, you must exercise increased care. The legal term for this is “unusual care.” The driver in this case needs to pay close attention and be prepared to stop immediately or turn quickly if the situation requires it. Children are generally present in and near schools, school bus stops, parks, residential neighborhoods, and trailer parks, so drivers should be extra vigilant when driving through those areas. 

A driver is not automatically deemed negligent if he hits a child on a bicycle. If the driver can demonstrate that he was as cautious as can be expected and still could not avoid the accident, the driver should be found not negligent. 

Children and Contributory Negligence in Bicycle Accidents 

Through the years, many defendants in car/bicycle accidents have claimed that the negligence of the cyclist is what caused the accident. “Contributory negligence” and “comparative negligence” are legal terms often invoked in these cases. However, you should know that children on bicycles are often held to a lower standard of legal behavior when they are involved in a traffic accident with an adult driver. 

Different states have different laws regarding children’s responsibility for traffic accidents. In many jurisdictions, a child four years old or younger cannot be found guilty of contributory negligence because she is not old enough to take care of herself or others. This “tender years” doctrine applies to car/bike accidents where children are involved. That means that the negligent adult driver in such cases cannot argue that the child contributed to the accident. 

Many states go further, presuming that children between four and fourteen are also incapable of contributory negligence. In these cases, a defendant can rebut the assumption, but he or she must then prove that the child was capable of caring for his or her safety at the time and place of the accident.   

 

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The Basics of Car Accidents in Canada

Most of the personal injury claims occurring in the United States and Canada arise because of automobile accidents. When you consider that someone in the Canada is in a traffic accident an average of once in ten seconds, it’s no surprise. 

The Laws Concerning Motor Vehicle Accidents 

Canadian drivers are legally responsible for exercising something termed “reasonable care under the circumstances.” If you fail to exercise this care, you can be deemed “negligent” under the law. Those found negligent may have to pay for damages to people or property that was damaged or injured because of the negligent actions. However, the plaintiff—meaning the injured party--has to prove that the other driver was negligent, that the negligence caused the injury or damage, and that the accident is what caused the injury or damage. 

Accidents Involving Negligence 

When judges and juries determine who is at fault in an injurious or damaging accident, they have to decide which driver was negligent. You may instinctively “feel” that a driver or pedestrian or cyclist was negligent without knowing exactly what law was violated. A lawyer will examine your accident in the light of state traffic laws, witness testimony, and police reports. He or she will then help you understand who is at fault from a legal perspective. 

The following actions are frequently found to be negligent: 

• Driving under the influence of alcohol or narcotics

• Disregarding traffic and weather conditions

• Driving above the posted speed limit or well below it

• Neglecting to signal a turn

• Disobeying traffic lights and signs

Other Commonly Occurring Causes for Traffic Accidents 

Reckless Driving--Reckless driving, whether it was intentional or not, often makes a driver liable for the accident. Recklessness is generally construed as driving unsafely and disregarding the danger and probability that the recklessness may precipitate an accident. The National Highway Traffic Safety Administration (NHTSA) defines the following driving behaviors as aggressive and therefore, potentially reckless: 

• Lane changes that are not made safely or made without the use of a turn signal and/or too many lane changes in a short space of time.

• Driving over the posted speed limit or driving too fast for the conditions

• Passing without signaling and/or using the shoulder of the road or the emergency lane to pass

Drunk Driving—someone somewhere in the United States dies in a vehicular accident involving drunk driving every hour. Over a million people were hurt in such accidents last year. The driver will not necessarily be the only one held responsible. A bar or party host can also be liable for injury, death, and damage sustained in a drunk-driving accident if the bar or host served alcohol to an already intoxicated person. However, that does not mean that the driver himself is off the hook. Dram Shop Laws say more about third-party liability in drunk-driving accidents. 

A capable attorney can help you identify the people and businesses responsible if you are the victim of an accident involving an intoxicated driver. 

When Drivers Are Not At Fault 

In some cases, an accident may not be the fault of any of the drivers involved. A manufacturing defect in a car, for instance, might not be the fault of the driver, but of the car maker. Under product liability law, the car’s manufacturer may be the one legally liable for the accident. Manufacturers of defective goods are legally responsible for injuries and damages resulting from the defect(s). 

A host of other factors such as non-functioning traffic signals, bad roads, bad highway design, construction, maintenance, lighting, signage, and dangerously placed utility poles and trees can result in serious accidents. When this happens, the governmental agencies responsible for designing, building, and maintaining rights of way may be liable for the accident. You should definitely consult a lawyer in such cases because special rules apply to legal actions brought against governments. 

Get a Lawyer’s Help 

If you or a family member has been hurt in a traffic accident, you should consult an experienced attorney who can accurately assess and communicate your legal rights. Medical treatment, motor vehicle laws, compliance with those laws, and liability are legal issues your injury lawyer in Toronto can assist you with. There are legal deadlines for filing injury claims, so meet with your attorney as soon as possible after the accident.  

Laws Governing Brain Injury in Toronto

Almost 100,000 Americans sustain serious brain injuries every year, the numbers in Canada are also very high. These injuries require medical attention and often impair their ability to work and perform other activities. Brain injury can occur even if you are not traveling fast, and even if you do not hit a hard object. Falls, car accidents, sports, and workplace accidents can all result in brain injury. Any head or neck trauma can result in bruising, bleeding, tearing, or swelling of the brain. 

Open and Closed Brain Injuries 

There are two kinds of brain injury—open and closed. An “open injury” is one in which the skull has fractured. This type of injury is usually sustained from a fall or when the brain collides with a hard object or surface. A closed head injury does not include a fracture; it may, instead, involve brain swelling or blood clotting. It can be as serious or more serious than a fracture. Either type of brain injury can result in paralysis, coma, or death. 

The Warning Signs of Serious Brain Injury 

When there is no evident, external sign of damage, it can be difficult to know whether you or a loved one has suffered a brain injury as a result of an accident. The following signs point to potential brain injury: 

• Weakness or numbness that affects one side of the body

• Bad headache

• Dizziness and nausea.

• Fatigue or sluggishness for which there is no obvious explanation

• Memory impairment, especially the inability to remember recent events, and confusion

If any of the above-mentioned symptoms occur soon after the accident or injury, you should see a doctor. In some cases, people with brain injury feel fine. Some victims of brain injury have been able to leave their cars and direct traffic away from the accident scene. So, if you have any reason to believe that brain injury has occurred, you should go to the nearest hospital for medical assessment. 

The Head Injuries section of the United States National Institutes of Health Medline Plus portal provides more information on brain injury and the warning signs. 

Common Brain Injuries 

Bruising--Car accidents, falls, and sports injuries commonly lead to brain bruising. The blow incurred pushes the brain back and forth which results in bruising in some places and bleeding in others. 

Tearing--A collision can cause the brain to tear, causing small fissures that compromise the nervous system. Depending on which area of the brain is impacted, this tearing can seriously impair bodily functions. 

Swelling--Swelling usually accompanies either of the above described traumas. Swelling is the body’s natural healing mechanism, but there is no room in the skull for the brain to migrate. Such swelling often causes intra-cranial pressure which can be fatal or cause severe disability. 

Medical Evaluation of Serious Brain Injuries 

Victims of brain injury may need financial help to obtain medical treatment and get on with their lives. An official medical evaluation of the injury and its extent can greatly affect any compensation the victim receives. Medical evaluations typically look at: 

• Whether the injured person will be able to continue working

• Whether the injured person will be able to live independently

• What kind of physical therapy will prove most beneficial

• The victim’s eligibility for protection from discrimination

• Different types of compensation to which the victim may be entitled

These medical evaluations should consider any significant changes the victim will undergo during hospitalization and upon his or her return to home and community. An interdisciplinary approach and coordinated care are recommended for the rehabilitation of brain injury patients. 

Legal Claims Pursuant to Brain Injuries 

If you f or a loved one has sustained a brain injury, and you think someone else may be responsible, you may be entitled to legal compensation for your loss. In prosecuting your claim, your personal injury lawyer in Toronto will seek to demonstrate that your injury resulted either from a product defect or from the negligence of someone who owed you a reasonable degree of care under the law and yet failed to exercise that care.