Category: Auto-Pedestrian Accidents

Ontario pedestrian accident kills 1

On behalf of Rooz Law posted in Auto-Pedestrian Accidents on Tuesday, July 8, 2014.

An Ontario accident resulted in the death of one pedestrian on July 5. Police suspected the driver involved was impaired at the time of the auto-pedestrian accident. They arrested the man and charged him with impaired driving causing death, criminal negligence causing death, flight from police and failing to remain at the scene of an accident.

The accident occurred at about 4:10 a.m. in St. Catharines. Police responded to a call describing a pickup truck driving erratically and travelling at a very high rate of speed on the Queen Elizabeth Way highway. The pursuing officer suspected the driver was impaired but stopped chasing the truck when it sped away and exited the highway onto eastbound Welland Ave. for safety reasons.

Police said that the driver of the truck apparently lost control of the vehicle at the intersection of Welland Ave. and Queen St. while attempting a right turn. The truck struck a 67-year-old woman, seriously injuring her. The man drove off and struck a tree before fleeing on foot. An emergency crew transported the woman to a St. Catharines hospital. She later needed to be airlifted to Hamilton Health Sciences General Hospital, where she died as a result of her injuries. Officers later found the driver hiding in a nearby backyard. The 30-year-old Brampton man was arrested and charged.

Many families lose loved ones in impaired driving accidents each year, forcing them to cope with funerary expenses and other damages while grieving their losses. Personal injury lawyers could provide help to families who might be considering filing for compensation from impaired drivers through legal action.

Source: The Toronto Star, ‘Brampton man charged in death of woman killed by pickup truck in St. Catharines,” Katelyn Verstraten, July 5, 2014

Source: Black Burn News, “Man charged after pedestrian killed in Niagara”, July 05, 2014

Roadway design measures to improve pedestrian safety

On behalf of Rooz Law posted in Auto-Pedestrian Accidents on Friday, January 2, 2015.

Ontario pedestrian accident cases can be especially catastrophic, as pedestrians are unprotected and thus not easily able to avoid serious injury. There are several different engineering applications that can be implemented in order to lessen the risk to pedestrians with the design of roadways.

Roadway design measures can be as simple as installing improved lighting so pedestrians are easier to see and establishing signs that alert drivers to upcoming crosswalks. Other measures may be implemented to separate pedestrians and traffic, to reduce simultaneous movements of people and vehicles and to lower speed limits through known pedestrian areas.

Roundabouts can help reduce vehicle speeds and thus help lower the risk of pedestrian-involved injury accidents. Studies in Europe have demonstrated a reduction of between 73 to 75 percent of pedestrian accidents following the installation of roundabouts. Installation of raised medians and crossing islands have been demonstrated to significantly lower the risk of pedestrian accidents. A common problem causing pedestrian accidents is obstructed views of drivers due to parked cars. For this reason, vehicle parking near intersections should be restricted to improve visibility. Signalized crosswalks may be helpful as well.

The implementation of engineering-informed roadway design measures is expensive, but the resultant savings in terms of cost of life and other financial losses may far outweigh the initial expense. Even with improved roadway design features, however, it is impossible to avoid all auto-pedestrian accidents. In some instances, a pedestrian will dart across a road. In others, a motorist will be at fault due to negligence, distracted driving or another problem. When a pedestrian has been seriously injured in an accident, he or she may want to have the facts of his or her case evaluated by a personal injury lawyer. A lawyer can provide a fair assessment and may then help file a personal injury lawsuit if warranted.

Source: Canadian Council of Motor Transport Administrators, “Countermeasures to Improve Pedestrian Safetyin Canada”, December 30, 2014

Man charged after hit-and-run accident in Toronto

On behalf of Rooz Law posted in Auto-Pedestrian Accidents on Thursday, September 11, 2014.

A 33-year-old man appeared in an Ontario court on Sept. 2 after he was accused of striking and killing a Toronto pedestrian and then fleeing the scene in the early morning hours of Aug. 30. The auto-pedestrian accident took place on St. Clair Avenue West in the vicinity of Weston Road at approximately 5 a.m. Prior to taking the man into custody, Toronto police had been confident of making an arrest. They had recovered debris from the minivan involved, and they had publically called for the hit-and-run driver to come forward. The man has been charged with leaving the scene of an accident that resulted in death.

According to a Toronto police report, a 31-year-old man was walking on St. Clair Avenue West when he was struck by a vehicle in the westbound lane. Witnesses told responding police officers that a gray minivan had struck the man and then left the scene.

Responding emergency medical services personnel initially pronounced the pedestrian dead at the scene, but he was revived on three occasions while being transported to an area hospital. However, the man subsequently succumbed to his injuries.

To suddenly lose a loved one in a motor vehicle accident can sometimes lead to serious financial challenges in addition to the grief and anguish associated with the loss. In many cases, monthly bills can become unmanageable when a relied upon source of income is no longer coming in. Additional expenses, such a funeral bills and burial costs, can compound this situation. A personal injury lawyer may seek to assist families in this position by bringing a wrongful death lawsuit on their behalf when their suffering and loss is due to the negligent actions of others.

Source: Global Toronto, “Man charged after fatal hit and run on St. Clair Avenue”, James Armstrong, Sept. 2, 2014

Source: Global Toronto, “Toronto police anticipate arrest in hit and run that killed 31-year-old man”, August 31, 2014

Traffic lights planned for unsafe Toronto intersection

On behalf of Rooz Law posted in Auto-Pedestrian Accidents on Wednesday, August 20, 2014.

Pedestrians who use the crosswalk at Scunthorpe Road and Milner Avenue in Scarborough may be relieved to hear that traffic lights are planned to replace the crosswalk. The plans come after residents complained about safety at the intersection for a long time and after a senior died in the crosswalk.

On Sept. 5, 2013, an 88-year-old man was in the crosswalk on a motorized scooter when a truck hit and killed him. The accident horrified the 200 residents at Sts. Peter and Paul Senior’s Residence, where the man had lived. The residents are afraid to use the crosswalk, which one woman said that they have to use to go shopping, catch a bus or attend church.

Residents have complained about rising speeds on Milner Avenue, but a traffic study in October 2013 that tested traffic volume and speed did not find lights at the intersection warranted, even after the senior fatality. However, a March 2014 traffic study concluded otherwise. The report said that 139 pedestrians and 5,590 vehicles crossed through the intersection during an eight-hour period, in which 16 drivers did not stop for pedestrians even though they could have done so safely.

Despite plans to install traffic lights at the intersection, the deputy mayor advises seniors to take care while crossing. He says that too many pedestrians die at intersections with traffic lights.

In Ontario, family members who lose a loved one in a pedestrian accident could recover some of the damages and be entitled to other benefits. They might be able to recover the loss of household earnings and the cost of a funeral and the disposal of the body. Many pedestrian accidents are caused by driver inattention, such as not noticing a crosswalk, but benefits may still be available even if a pedestrian was partially at fault.

Source: InsideToronto.com, “Traffic lights to replace a crosswalk where senior fatally struck on Milner Avenue”, August 14, 2014

Source: InsideToronto.com, “Traffic lights to replace a crosswalk where senior fatally struck on Milner Avenue”, August 14, 2014

Ontario woman dies in pedestrian-bus accident

On behalf of Rooz Law posted in Auto-Pedestrian Accidents on Tuesday, July 29, 2014.

Toronto officials say that a woman believed to be in her 20s or 30s died after a Brampton Transit bus hit her near the intersection of Humberline Drive and Finch Avenue in Etobicoke. The crash happened just before 6 a.m. on July 28 while it was still dark and heavily raining.

A preliminary accident investigation found that the bus was southbound on Humberline Drive and made a left turn onto Finch Avenue. The woman was heading north across the avenue when the bus hit her. When paramedics arrived, they observed the woman stuck under the bus. Toronto Fire personnel raised the vehicle and tried to rescue her without causing more injury. However, she was declared dead at the scene. The pedestrian accident caused the eastbound lanes of Finch Avenue to be shut down for several hours during the police investigation, but the lanes were reopened by noon.

Police say that both the woman and the bus driver had green lights. One official said that the rain and darkness did not help the situation. A worker at a nearby gas station also reported that the woman was wearing a black outfit. Despite the conditions, police believe that the accident was preventable, and it is likely that the transit bus driver will face charges.

The family members of pedestrians who are killed in accidents because of the negligence of others could be eligible for compensation under the Family Law Act. The compensation could reimburse certain family members, such as parents, siblings and children, for funeral expenses and the loss of companionship and guidance that they reasonably expected to receive had their loved ones not died.

Source: CTV News Toronto, ‘Woman struck by Brampton bus dies,” Kendra Mangione, July 28, 2014

Source: CanLII.org, ‘Family Law Act”

Source: Toronto Star, “Pedestrian dies after being struck by bus”, Laurent Bastien Corbeil, July 28, 2014

Driver may have been impaired in fatal Ontario accident

On behalf of Rooz Law posted in Auto-Pedestrian Accidents on Wednesday, June 25, 2014.

A fatal auto-pedestrian accident may have been the result of impaired driving, according to Ontario Provincial Police. The accident happened in Alliston around 3 a.m. June 20 on Victoria Street between King and Church streets. Reports say a 32-year-old man was driving a Ford F-150 pickup truck in a westerly direction on Victoria Street in the vicinity of where a New Tecumseh public works crew was painting lines on the shoulder of the road.

According to police, the driver of the pickup failed to maintain his lane, crossed over into a lane reserved for parked vehicles and struck a male and female member of the road crew. He then left the scene of the accident. A 41-year-old male member of the road crew suffered life-threatening injuries and was taken by air to a Toronto hospital, but he later succumbed to his injuries. The female road crew member suffered injuries described as serious but non-life-threatening, and she was transported to a local hospital.

OPP found a vehicle nearby and took the driver into custody on suspicion of impaired driving and leaving the scene. He was taken to a nearby station where he was tested. OPP officials issued a statement asking anyone who witnesses a person driving or about to drive while impaired to report the situation by calling 911.

Because of their lack of protection, victims of auto-pedestrian accidents often suffer severe injuries or can even die. A person injured in an auto-pedestrian accident may be left with long-term, chronic pain. Physical therapy is often required, and long-term care is sometimes needed. In order to seek compensation for injuries, a victim could file a personal injury claim if the accident resulted from another’s negligence.

Source: CTV News, “One dead, one injured after being hit by truck “, Kendra Mangione, June 20, 2014

2 hospitalised after car hits pedestrian, house

On behalf of Rooz Law posted in Auto-Pedestrian Accidents on Thursday, June 19, 2014.

An accident in Toronto involving a car, a pedestrian and a Scarborough house ended with two people going to hospital on June 15. Officials say that a driver hit a female pedestrian around 9:40 p.m. near the intersection of Lawrence Avenue East and Midland Avenue before the car crashed into a house.

Toronto EMS responded to the scene and transported the driver of the car and the pedestrian to hospitals for treatment of minor injuries. Due to the car accident, TTC buses were detoured north via Lawrence Avenue East and Marcos Boulevard while police investigated in the crash site. Authorities did not say whether anyone was inside the home at the time. They did not say whether the pedestrian was using a crosswalk, nor did they speculate as to what caused the accident.

There are many causes of traffic accidents, including distracted driving, speeding, impaired driving and carelessness. When pedestrians are involved in road crashes, they are at a higher risk of suffering serious injury than the occupants of a vehicle because they do not have the protection that air bags and seatbelts provide. For this reason, both motorists and pedestrians are obligated to exhibit reasonable care to prevent accidents. When one party does not do this and causes a crash, the other party could be entitled to compensation.

In Ontario, car accident victims may be able to recover compensation from the at-fault party. This could help them recover the cost of financial losses, including the loss of opportunity, earning capacity and income. The victims may also receive reparation for directly related out-of-pocket expenses and for pain and suffering. If the victims’ family members are affected as well, they could receive compensation.

Source: CTV News Toronto, “Car strikes pedestrian, crashes into home in Scarborough”, June 15, 2014

Woman killed by reversing pickup truck

On behalf of Rooz Law posted in Auto-Pedestrian Accidents on Thursday, April 24, 2014.

A 70-year-old woman lost her life on April 13 as she was crossing the street. Ontario Provincial Police teamed up with the city police forensic unit to help investigate the auto-pedestrian accident. According to authorities, the accident occurred on Pearl Street in Brockville at about 4 p.m. east of the intersection at Perth Street. The woman was crossing Pearl Street when a pickup truck that was backing up into a parking spot struck her.

The acting sergeant constable says that the man did not see the woman as she was crossing. The constable also stated that the man might have also driven forward over the woman after the initial strike. Although attempts were made at the scene of the accident to revive the woman, they were not successful, and she died from her injuries.

Police have not laid any charges against the driver, and they are treating the incident as an accident. Police initially heard that the woman was run over as the man was pulling out of a laneway, but their investigation concluded that the 56-year-old driver was attempting to parallel park at the time of the accident. A representative from the coroner’s office was also at the scene, and the investigation continued as police awaited results from an autopsy.

Even if criminal charges are not filed following an auto-pedestrian accident, the family of the deceased could still seek compensation for the damages that they realized due to the death. Damages may include the loss of benefits, support and companionship. In order to prevail, a lawyer for the family might demonstrate how the party who struck the victim was acting in a negligent manner or distracted.

Source: Recorder and Times, “Woman, 70, killed by pickup truck”, Ronald Zajac, April 14, 2014