When it comes to the rules that we have to follow on the road, there are quite a lot of different things that could be said. The Ontario Highway Traffic Act is actually imposing a lot of obligations to the drivers as well as to the pedestrians who are actively using the roadway. With this in mind, it is important to understand that jaywalking which is a quite common phenomenon is not actually defined – it’s a slang term that people use to describe the process of a pedestrian crossing mid-block.
With this in mind, you should understand that the Highway Traffic Act says that if a pedestrian crosses at a crosswalk, he must obey the signal and cross only when and if he is permitted – otherwise the pedestrian could be ticketed. This is something to consider. However, the pedestrian is also legally advised to cross mid-block as the law doesn’t define how far from the crosswalk you need to be. You need to know, however, that you should yield to the traffic which is oncoming when you are doing so. However, at the very same time, the driver needs to lookout for the pedestrians and he needs to make whatever he can to avoid an accident.
There is a definitive and affirmative obligation which is set on drivers who use the roadway in order to yield the right of way to the actual pedestrians. Once the latter enters the roadway, the motorist has to allow him to complete the actual crossing. If there is an accident, it is the driver who is going to have the onus of proof on him to show that he didn’t cause the accident negligently and that the pedestrian was actually liable.
The legal obligations which are poised to the driver are usually going to take the actual center stage when there is an argument or a case made of this kind. This is something that you need to take into account. Participating in an accident of the kind is something particularly challenging. If you have to go through the burden of legal procedures, be aware that they are particularly burdensome, long and hard to get on top of as there are so many different arguments that could be made.
This is the main reason for which there are not a lot of these cases which actually reach a verdict – the majority of them would actually go to a settlement as this is the cost effective and quick thing to do. Of course, it is important to rely on a professional personal injury lawyer who is experienced and is well aware of how to handle a situation of this type.
Irrespective of whether you are a pedestrian or the car driver involved in the accident, it is imperative to seek legal assistance from one of the many Kitchener injury lawyers.