Pedestrian Accidents – Accidents while Jaywalking

Jay walking and personal injury laws in toronto ontario

Posted In

Personal Injury

With the onset of spring and summer, many people across Ontario will choose to take advantage of sunny weather and walk to their destination. As they enjoy their walk, pedestrians should always be aware of potential dangers. As a vulnerable road user, you should scan for traffic in all directions, don’t rely without thought on countdown crosswalks, and generally be particularly mindful of what you can to avoid a collision.

“Jaywalking” is a term that, although not legally defined, is sometimes used to describe instances when pedestrians cross a highway or other roadway in a place not marked by a crosswalk, or crossing against a signal at an intersection. A number of sections of the Ontario Highway Traffic Act define when it is permissible for pedestrians to enter a crosswalk or to cross the street between intersections.

But you might ask: “Don’t pedestrians have the right of way?” Yes, but only when crossing roadways legally. In case of a collision in Ontario, the onus is typically on the driver to demonstrate that they are not at fault, but it is important that pedestrians understand what the law requires of them, not only for determining liability in the event of a collision, but also for their own safety.

If you’re crossing a road outside of a crosswalk, the law usually requires you to yield the right of way to vehicles, although drivers do have the obligation to take steps to avoid a collision. As a pedestrian, you certainly don’t want to put yourself in the position where insult, in the form of a ticket, could be added to (often significant) injury after a collision.

The Toronto Police Service routinely issues tickets for infractions which could fall under the term “jaywalking” and according to the TPS collision reports, an average of 50 to 60 per cent of fatal collisions involve pedestrians.

If you’re caught jaywalking, you could be charged under the Ontario Highway Traffic Act. In addition to the fine, additional court fees, victim surcharge and municipal fines may also add up. To put things in perspective, the fines range from $110 to $115 to a high of $172.50 for a single violation in Toronto, Calgary and Moncton respectively.

After a collision, both drivers and pedestrians should seek medical attention when necessary, and should report the collision to the police. After taking each of these steps, it may be appropriate to approach experienced legal counsel to explore their options to seek compensation for any injuries that they may have sustained.

At Mackesy Smye, we understand that every case is unique, especially cases involving pedestrians and motor vehicles. If you’ve suffered a personal injury in Ontario, you need a personal injury lawyer who can help you seek justice and defend your rights.

If you have been involved in a collision as a pedestrian, we have the experience and the expertise to help you get the compensation that you deserve.

Get started today with a free consultation

Contact us for a confidential consultation. Get in touch by filling this secure online contact form or by calling us at 1-905-525-2341 today.

Related Articles

when do you need a personal injury lawyer?

Do I Need A Personal Injury Lawyer?

This legal article gives you all you need to know about finding a personal injury lawyer in Ontario. And tells you how to make sure you find the best lawyer for your case. We provide great resources to help you do your research too. You only get one shot at this, so we want you to do it right.

Read Article
Air BnB and personal injuries - suing rental property owners

Personal Injuries & Rented Properties

If you are using Airbnb to find accommodations, you need to understand what happens in the event of a slip, trip or fall. Read this post to learn more about the legal framework that Airbnb provides to its users, and where hosts and guests should exercise more caution.

Read Article
How do you determine mental anguish compensation for personal injuries?

Compensation For Mental Anguish – Personal Injuries

If you are suffering mental anguish caused by someone else’s action or negligence, you can seek damages. Carefully read this post to learn more about mental anguish and how plaintiffs can seek damages from the defendant.

Read Article
Suing for personal injuries during zip lining, sky diving and other risky activities

Risky Activity Waivers - Personal Injuries

If you have been injured in an extreme sporting activity in Ontario, but have signed an injury waiver you need to read this article to learn about risky activity waivers, and what legal options participants have in the event of an injury.

Read Article
compensation for psychological impacts - personal injuries

Personal Injuries: Psychological Impacts & Compensation

If you have suffered emotionally following a personal injury caused by another person, then you might have a case for compensation based on the psychological impact on your life. Read this article to learn more about psychological damages and to gauge where you might stand.

Read Article
fault in vehicle accidents personal injury

Personal Injury: Proving Fault in a Motor Vehicle Accident

Have you been hurt in a motor vehicle accident and are seeking damages? Read this post to better understand how in Ontario, victims of motor vehicle accidents must determine who was legally responsible for any injuries or damages sustained.

Read Article
Templates Library
Loading, Please wait...
The Library cannot be open, please try it again later.
This field is required.
Invalid email format.
Some of the fields are not filled or invalid.
Form Template
Select a Form Template
Available fields in the selected template: