Teen Struck by Van in Windsor: What Pedestrian Laws Apply?

car speeding through crosswalkA 16-year-old boy was sent to the hospital in critical condition on June 5 after being struck by a minivan on Dominion Boulevard in South Windsor.

The van struck with such force that it sent the teen flying into a nearby ditch where the boy landed and remained until emergency vehicles came. The van also sustained heavy damage to the hood and windshield.

The accident happened around 3:30 p.m. in the 1900 block of Dominion Boulevard near Holy Names High School. The road was closed for several hours into Monday night as police investigated the scene.

On June 12, Windsor police charged a 16-year-old boy who was driving the minivan with dangerous operation of a motor vehicle causing bodily harm.

Police have spoken with some witnesses, but are encouraging anyone with information about the accident to call 519-255-6700 ext. 4111 or Crime Stoppers at 519-258-8477 (TIPS) or visit catchcrooks.com.

This is the third pedestrian accident in the area within the last month. Windsor pedestrian accident lawyer Dina Mejalli, a partner with the firm, has been hired to represent the family of a teen who was killed after being hit by a car on May 15.

Just two weeks later, a Chatham boy was struck by a car on Thames Street in Chatham on May 30.

Ontario Pedestrian Laws

Being struck by a vehicle as a pedestrian can have grave consequences and cause severe injuries. In many situations, the pedestrian may have a legal case if he or she can prove that the driver was negligent in his or her actions.

Typically, negligence means that the driver failed to obey traffic laws and did not act as another reasonable person would have under the circumstances.

If it can be proven that the driver failed to act with reasonable care, he or she may be held liable for any resulting injuries. However, the pedestrian’s actions at the time of the incident are also important.

Ontario has several laws outlining the legal responsibilities of motorists and pedestrians to help ensure the safety of everyone on the road. Some of these laws include:

Pedestrian Crosswalks

Pedestrian crosswalks are most often located at intersections with stop signs or traffic lights and are identifiable by two white lines marking a path.

The Highway Traffic Act, R.S.O 1990, c. H8 section 144(7) requires that vehicles yield the right of way to pedestrians lawfully within a crosswalk.

Pedestrian Crossovers

Pedestrian crossovers are distinctly identified by signs, special lights, lines or other markings on the surface of the roadway.

A new law that went into effect on Jan. 1, 2016 as part of the Making Ontario’s Roads Safer Act requires that motorists, including cyclists, give pedestrians the entire road to cross when using a crossover.

This law amended R.S.O 1990, c. H8 section 140(1) to state that vehicles approaching a crossover must:

  • Stop before entering the crossover
  • Not overtake another vehicle that is already stopped at the crossover
  • Not proceed into the crossover until all pedestrians have reached the other side of the road and are no longer in the roadway

It is important to note however, that this law does not apply to crosswalks.

Drivers who violate this new law can face fines of $150 to $500 and three demerit points. These penalties are doubled in Community Safety Zones, which are identified by signs and are often located near schools or public areas like parks.

If a vehicle is within 30 metres of a crossover, it cannot pass a vehicle that is in front of it, according to R.S.O 1990, c. H8 section 140(3).

The Act also outlines the duties of pedestrians in crossovers. It states that pedestrians cannot leave the curb or other safe place to enter the crossover by walking or running if an approaching vehicle is so close that it would be impossible for it to stop before entering the crossover, according to R.S.O 1990, c. H8 section 140(4).

Other Pedestrian Traffic Laws

R.S.O 1990, c. H8 section 144(22) states that pedestrians can only cross a roadway in the areas that are marked for pedestrian use.

Pedestrians may cross a roadway if they are approaching and facing a traffic control light showing a circular green signal or straight-ahead signal, according to R.S.O 1990, c. H8 section 144(23).

If the traffic control light the pedestrian is facing is showing a flashing circular green signal or a solid or flashing left turn arrow with a circular green signal, the pedestrian cannot legally enter the roadway according to R.S.O 1990, c. H8 section 144(24).

Pedestrians should not enter the roadway if they are approaching and facing a red or amber signal at the traffic light, according to R.S.O 1990, c. H8 section 144(25).

Pedestrians should only cross a roadway if the pedestrian control signal is showing a “walk” signal. If it is showing a solid or flashing “don’t walk” signal, you should not enter the roadway, according to R.S.O 1990, c. H8 section 144(26-27).

Qualified Legal Help After a Pedestrian Accident

Victims of pedestrian accidents have a right to apply for Ontario Accident Benefits through their insurance company or that of the at-fault driver. In some cases, they may also have a legal case that can entitle them to additional compensation.

Having a knowledgeable car accident lawyer by your side is important to helping make sure you receive the compensation you deserve. Contact our trusted team of qualified lawyers today for a free, no obligation consultation to learn more.

We are committed to fighting for your rights and will not charge you any fees unless we recover compensation for you.

Call (866) 320-4770 or complete a Free Case Evaluation form today.