In accordance with the province’s Motor Vehicle Act, all drivers have a legal responsibility to take appropriate safety precautions at all times to ensure the safety of other road-users, including pedestrians. Pedestrians are the most vulnerable road-users, and the most susceptible to fatalities as the result of a driver’s negligence.
When the people who negligently operate motor vehicles collide with unsuspecting pedestrians, their wrongful conduct could have devastating effects on accident victims and their families. Friends and relatives could lose their loved ones in senseless, violent, and wholly preventable accidents. In addition to causing fatal accidents, the failure to take the safety of other community members into consideration can lead to severe, catastrophic, and permanent injuries.
Most pedestrian accidents occur at crosswalks or intersections. Negligent drivers who fail to exercise the requisite level of caution could fail to notice traffic signals, gliding through red lights or stop signs, and killing innocent pedestrians legally crossing the street in the process. Injurious accidents can also occur in parking lots, on residential streets, on sidewalks, on country roads, and anywhere motor vehicles share space with pedestrians. No matter where the accidents take place, they are almost always the result of driver negligence.
Negligence occurs when motor vehicle operators fail to uphold their legally mandated duty of care to other road-users by engaging in unlawful behaviour behind the wheel. Common violations of local traffic laws that often cause injurious or fatal pedestrian accidents in Sydney Mines include:
- Texting while driving
- Driving under the influence of alcohol and/or drugs
- Excessive speeding
- Distracted driving
- Reckless driving
- Ignoring traffic signs or signals
- And more
Because negligence is so frequently the cause of pedestrian accidents, when injury-causing collisions involving pedestrians occur anywhere in the province, there is a reverse onus of proof on the driver. Unlike other accident claims where the injured party is required to prove that the other person’s negligent behaviour was the cause of their injurious collision, in pedestrian accident claims, the driver is automatically presumed to be at-fault for the accident. Since their negligence is presumed, the at-fault driver whose wrongful conduct injured a pedestrian may be liable for damages arising from their injuries.
However, in order to try reducing the amount of financial compensation they may be required to provide the injured victims of their negligence, drivers involved in pedestrian accidents often try to prove that the injured party’s own wrongful conduct contributed to the circumstances that caused their accident. For example, a negligent driver may try to prove that a pedestrian disobeyed their traffic signals or jay-walked and, therefore, was partially responsible for causing their collision.
This is why, if you were struck by a driver, consulting with our pedestrian accident lawyers serving Sydney Mines could be crucial. Our Sydney Mines pedestrian accident lawyers have a history of standing up to false allegations of contributory negligence, and helping the clients we represent recover the compensation they are rightfully owed.
To learn more about how Preszler Injury Lawyers may be able to help with your case, book a free initial consultation with our pedestrian accident lawyers serving Sydney Mines today.
Free Consultation for Sydney Mines Residents – We Don’t Get Paid Unless We Win
In the aftermath of a serious, injury-causing pedestrian accident, it can be difficult to know which actions should be taken next, how much financial compensation may be available to you, and how to defend yourself against false claims of contributory negligence.
To discuss your situation with our Sydney Mines pedestrian accident lawyers and receive the benefit of our legal advice, call Preszler Injury Lawyers today and receive your free initial consultation.