Tag: fault

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

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

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