In Pedestrian Accidents, How Is At-Faulty Party Determined?

As unfortunate as it can sound, pedestrian accidents are particularly common throughout the entire country of Canada. And, when a pedestrian is hit by a motor vehicle, regardless of its kind, the injuries are either particularly serious or even fatal. As it is with every single accident, the insurance company is going to determine the fault in the situation based on the actual circumstances and the collected facts as well as following the rules which navigate this particular process. This is something important and it needs to be taken into proper account. If the driver is found at fault, he needs to face the legislative consequences separated from the decision of the insurance company. This is why the way fault is determined legally is particularly important as well.

The right of way

Now, every single province is designated to make its own laws when it comes to the rights of their pedestrians on the roadways. However, these rules, especially in the province of Ontario and in general as well, tend to be in favor of the pedestrian.

The reasoning behind this is particularly sound and logical – the pedestrian is by far the most vulnerable member of the traffic. This is just it – he is the one who can suffer and will suffer the most in a potential collision. That’s why he needs to be protected the most as well. As such, drivers are supposed to be particularly cautious when there are pedestrians surrounding them in order to ensure that they are kept safe.

Of course, pedestrians need to follow the letter of the law properly. The need to cross the street legally where there are appropriate crosswalks and to exercise particular cautious in their own movement in order to ensure that the driver can actually see them while traveling.

The most common accidents

Unfortunately, the most common type of pedestrian accidents is when the person has been crossing the street. Accidents tend to happen even on crosswalks as not all drivers pay the necessary attention. Of course, in certain situations, even though he was on crosswalk, the pedestrian as well might have broken the rules and to have shown up unexpectedly hence preventing the driver for having any potential chance of avoiding the collision.

There is a significant amount of variables which need to be taken into proper consideration when it comes to pedestrian accidents. This is the main reason for which the involvement of a lawyer with experience in the field could be of tremendous help. Regardless of whether you are the claimant or the defendant, it’s important to have the necessary legal representation and protection when you are in front of the court or dealing with the insurance company and a lawyer will certainly help you out with that. That is why it is important to find the right injury lawyer to work with you.