I Hit a Pedestrian: Now What?
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      Accidents

      I Hit a Pedestrian: Now What?

      I Hit a Pedestrian: Now What?

      Drivers who have done everything in their power to avoid slamming into an innocent pedestrian, but hit a pedestrian walking in an authorized zone, will undoubtedly have legal troubles. The extent of those problems depends on varying conditions surrounding the accident, along with whether the driver fled the scene or stayed and administered aid.

      Let us look at what legal issues drivers could face in accordance with Canadian law.

      During and After an Accident

      Once impact has been made, braking immediately is important. Getting out of your vehicle, making sure the victim is breathing, and phoning law enforcement along with ambulatory care is vital in making sure the victim survives.

      After the police report is finalized, you may be cited for hitting the pedestrian. If found under the influence of substances, or if hitting the individual was intentional, criminal charges may ensue.

      What Should I Expect if I Hit a Pedestrian?

      Pedestrians have the lowest burden of proof in civil torts since they need only prove an accident happened to be awarded damages. Their injuries, coupled with witness account and police report, may be all that is necessary unless the pedestrian jaywalked, which would exonerate the driver of any wrongdoing.

      You will undoubtedly be served with a summons to come to court, unless your charges are criminal, in which case you may be detained. Beyond that, how the case works its way through courts and the outcome of said case depend on the details of the accident.

      The Reverse Onus Provision

      Drivers should be cognizant of Section 1931 (1) of the Highway Traffic Act, which some refer to as the “reverse onus provision.” The person who hit a pedestrian is automatically guilty until otherwise proven, putting the burden of proving the driver was not at fault on the driver’s legal counsel. This “onus” could ultimately exonerate the guilty person of criminal and civil liability.

      In other countries, the law presumes all persons are innocent until proven guilty.

      Civil vs Criminal Proceedings

      The main difference between civil and criminal liability is what the end result should be in accordance with provincial and Canadian law. Victims may wish to receive compensation for their losses, see the driver put behind bars, or a combination of criminal and civil charges.

      Note that hitting a pedestrian and then fleeing the scene may automatically land the guilty party in jail and impose criminal fines and civil restitution. All this, and more, depends on how your lawyer approaches your case.

      How can I Protect My Rights?

      Anyone who hit a pedestrian innocently walking across the street, along a sidewalk, or even in a bike path could face serious consequences.

      However, pedestrians who were jaywalking or who entered oncoming traffic unlawfully may themselves face civil penalties.

      Protecting your rights takes retaining a skilled lawyer who understands local, provincial, and Canadian laws regarding pedestrian right-of-way and lawful use of walkways. Although you may have hit someone accidentally, protecting your freedom and rights will take an uphill battle that your lawyer is adequately equipped to undertake.

      Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader's specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.