With the City of Toronto trying to promote walking and bicycling throughout the city instead of driving, the number of pedestrian and bicycle accidents has greatly increased. Often times, it is hard to tell why these accidents occur; but in most instances, the driver of a car usually says they did not see the pedestrian or bicyclist prior to striking them.
Both pedestrians and bicyclists are treated similarly under the Highway Traffic Act. In essence, there is a reverse onus placed upon the driver of a motor vehicle to prove they did everything they could to avoid the collision. It is important to note that both pedestrians and bicyclists have the right of way. Nevertheless, being “right” in law does not help if you are injured in the hospital. Cars are large steel giants compared to pedestrians and bicycles, so people must always be mindful while they are out on the road. Pedestrians and bicyclists can often fall victim to catastrophic injuries, even from what appears to be relatively minor accidents.
If pedestrians or bicyclists are involved in an accident, they can claim Statutory Accident Benefits, and in all likelihood will be able to sue the driver of the car for the injuries they have suffered.
Pedestrian and bicycle accidents can become very complicated cases. Don’t be a victim twice – make sure you speak to a qualified personal injury lawyer.