As a pedestrian, you must proceed with caution when walking through a crosswalk. However, even with an abundance of caution, a negligent driver can still create an accident. And crosswalk accidents can be quite dangerous, as pedestrians stand very little chance against moving motor vehicles. Follow along to find out who is responsible for a crosswalk accident and how a proficient Toronto pedestrian accident lawyer at Merricks Law Group, P.A. can help you decipher this.
When is a driver responsible for a crosswalk accident?
Almost always, a crosswalk driver is due to the negligence of a driver turning or proceeding through an intersection. Examples of such negligence include, but are not limited to, the following:
- A driver does not conduct adequate surveillance of the crosswalk before turning or proceeding through an intersection.
- A driver makes a misjudgment of a pedestrian’s actions at a crosswalk before turning or proceeding through an intersection.
- A driver makes a misjudgment of a pedestrian’s speed at a crosswalk before turning or proceeding through an intersection.
- A driver is distracted when turning or proceeding through an intersection.
- A driver is speeding when turning or proceeding through an intersection.
- A driver runs through a red light or otherwise makes an illegal maneuver at the crosswalk.
- A driver turns at a crosswalk with an obstructed view.
If any of these instances apply to you, then you may be eligible for filing a personal injury claim against the negligent driver. With a successful claim, you may be able to earn financial compensation that will help to recover the damages you incurred from your accident.
Who else may be responsible for a crosswalk accident?
Of note, there may be rare circumstances in which a driver is not responsible for a crosswalk accident. For one, the municipality in which your accident occurred may be at fault if they have a closed sidewalk or if they have a faulty traffic control device. Other times, a car manufacturer may be at fault if there were mechanical issues with the motor vehicle involved.
But whatever you do, you do not want to accidentally pin fault on yourself. For example, you should not make claims such as, “the vehicle came out of nowhere.” The Toronto court will look down on pedestrians who use this defense, and so will insurance companies.
Nonetheless, you should not proceed with a personal injury claim, or talk with an insurance company, without representation from a Toronto auto accident lawyer. We will help you build a strategy that maximizes the amount of financial compensation you receive from your claim, so pick up the phone and give us a call today.
