In a scary and uncommon situation where you’ve been in a motor vehicle accident, either as a person walking on the sidewalk or a motorist, many emotions and/or injuries can cloud your judgement.
But as a pedestrian, here is some helpful information you should be aware of if you happen to experience such an unfortunate event.
If you’ve been hit by a car while crossing the street, it’s important for you to be aware of your rights as a pedestrian.
A pedestrian is any person on the road not operating a motor vehicle that requires insurance.
This includes people on bicycles, electric bikes and other non-vehicles such as scooters or skateboards. Everyone in this group is considered a pedestrian under Ontario law.
Of course, this also means the more common definition of a pedestrian that describes a person walking along a road.
Car drivers must prove they are not at fault
If you are pedestrian, this means any car driver who causes an injury to another person must disprove negligence. Therefore, there is a presumption they are negligent until such time this is disproved.
A pedestrian can access their own auto insurer for accident benefits or, if they are a dependent in a household, access those of any other insured person in the house.
Failing that, a pedestrian can access the insurer of the driver who caused the injury.
Here’s a scenario to consider.
If a pedestrian is in a crosswalk with the walk sign or green light, in other words, they have the right of way, the liability situation will favour a pedestrian.
Pedestrians who don’t cross in a crosswalk or against a light might bear some liability.
It’s important to know your rights as a pedestrian in a situation where you are hit by a car. Hopefully, it will make the experience slightly less negative for you and your family.
