Learning about Laws Concerning Automobile Incidents

The street is empty. The passenger crosswalk is a block down. You decide to look both ways and jaywalk when a car comes speeding out of nowhere and hits you. This scenario is not as uncommon as you may think, as studies show that Canadians love to jaywalk. In fact, 9,310 jaywalking tickets were given out between an 18-month period from January 2012 to June 2013 in Toronto alone. Let that sink in. But, whose fault is it really in the eyes of the law? Are you entitled to compensation?

Laws And By-Laws Governing Jaywalking For Pedestrians

Each state has specific laws and by-laws that govern jaywalking. In Toronto, the Ontario Highway Traffic Act is responsible for outlining these laws. Section 144 states that pedestrians should cross the roadways in areas that are marked for pedestrian use; however, section 193 states that the operator of the motor vehicle is responsible for the burden of proof should a collision occur.

The bottom line is that pedestrians are allowed to cross the street mid-block, and do not have to do so at a specified passenger zone. Sidewalks that intersect at the road are treated as an implied crosswalk; however, as a pedestrian, you must not block traffic, and you may only enter the roadway if you have the motive of exiting it.

Understanding The Burden of Proof

As stated by the law, the burden of proof is on the operator of the motor vehicle in the event of a collision. That means, as a pedestrian, you are not responsible for providing proof that you are responsible for your own injuries. You can request compensation for medical treatment, medications, loss of wage and other expenses should you have been injured when crossing the street. Furthermore, most courts require motorists to drive carefully and cautiously, and be on the lookout for potential hazards, which include jaywalkers.

With this in mind, however, the operator of the vehicle can decrease their liability by proving that you:

• Stepped out on the street at an area that is not considered as a pedestrian crosswalk.
• Caused an unavoidable accident. If you stepped out on the street suddenly without any prior notice, it may have been impossible for the driver to stop the vehicle and prevent the collision.

The operator of the vehicle is responsible for getting witness testimony to back up their claims and collecting additional evidence that will prove that they should not be held liable for the collision.

You don't have to sit idle while the defendant is collecting evidence. In fact, there are many ways that you can sway the court in your favour — especially if you can prove that the operator of the motor vehicle was driving recklessly. For example, he or she may have been:

• Distracted by being on the phone.
• Speeding.

While the burden of proof is not on you, most personal injury attorneys will recommend collecting evidence to strengthen your case in order to knock down any defenses that the plaintiff may bring up in court.

Conclusion

The amount of compensation that you can recover will be dependent on the strength of each party's case, and whether you or the operator of the motor vehicle can definitively prove that either party caused the collision. Depending on the strength of the evidence brought to court, you may receive no compensation at all, have a portion of your expenses covered, or receive compensation for not only all of your expenses, but also for any pain and suffering that you have endured as a result. Click here for more information about how your attorney can help you determine which approach may be best for you to take in court.