Now, it is very important to note that the Highway Traffic Act of Ontario is imposing obligations on both pedestrians as well as drivers who are using the roadway. With this in mind, jaywalking is not legally defined in this act and it’s a slang term that the majority of people would use to describe pedestrians who are actually crossing the road mid-block without having the right of way.
When it comes to legislation, the Highway Traffic Act says that if you cross at a crosswalk, the pedestrian needs to take the traffic signal into account and cross only when he is actually given the right of way. Otherwise, the pedestrian might actually get ticketed. However, it is also true that the pedestrian can also cross mid-block. The law doesn’t stipulate how far from the crosswalk the pedestrian needs to be in order to legally cross mid-block. However, when he chooses to do so, he needs to yield to oncoming traffic. This aspect has to be considered.
At the same time, the driver needs to keep a lookout for those pedestrians and try to avoid any potential accident. This is also something very important. The aforementioned Act also imposes an affirmative mandatory obligation on drivers who use the road to yield the right of way to any crossing pedestrian. Once the latter enters the road, the motorist needs to allow him the opportunity to complete the entire crossing. With this in mind, it’s obvious that if a collision takes place, the onus of proof is going to be burdening the motorist to prove that the accident wasn’t caused because of his own negligent behavior. In other words, the latter is obligated to prove that he carries no negligence.
With this in mind, when there is a vehicle accident which involves motor vehicles and pedestrians, the legal obligations which are imposed on the driver to avoid such collisions are going to be emphasized the most. With this in mind, civil responsibility for the accident could also have certain different considerations that are different than the legal obligations of the motorists and the pedestrians. Thus, if you are involved in such an accident, it is best to ensure that you are represented by an expert lawyer.
In any case, it is worth noting that these cases are going to be prolonged and complicated. Therefore, it is highly advisable that you get the help of a professional personal injury lawyer in Chatham in order to ensure that they handle it all as per the highest industry standards. Regardless of which side you are on – whether you are the hurt pedestrian or the motorist, legal assistance is going to ensure that you are properly protected and shielded from potential legal disputes. This is something important and it should be most certainly taken into very serious consideration when it comes to it.