June 8, 2016
Pedestrians Have to Exercise Care Too
As a pedestrian, many people assume that they can walk wherever they please and that people have to wait for them. However, that isn’t the case. There are still certain things that you have to do as a pedestrian. You cannot just go out and walk across the street when you feel like it. There are certain rules that all pedestrians have to obey. You have a duty of care just like a driver has a duty of care.
Knowing Your Duties as a Pedestrian
Many people aren’t aware of the fact that pedestrians have a certain duty of care. Essentially, they have a duty to follow all of the traffic laws and to be compliant with all of the different statutes in place. For example, you cannot go out and cross the road when you see fit. There are crosswalks for a reason. There are also signs that tell you when to cross and when to stop. If you walk out in the middle of the road when there is no crosswalk, you cannot expect every driver coming up the road to swerve and avoid you. When you fail to obey the laws in place for pedestrians, you are going against your own duty of care.
What Does That Mean for You?
If you are the one in the wrong and end up doing something that causes you to get hurt, you may not be able to go after the other person who injured you. You will still be able to recover accident benefits, but failing to do your part as a pedestrian could end up coming back on you later on down the line as you look to pursue a tort claim against the driver. Making a mistake as a pedestrian does not absolve the other driver of needing to show that they were not negligent, so it is very important to speak to a lawyer when this type of situation happens to you so that you understand your rights.
If you need more information on what your rights are and what benefits you are entitled to receive from an accident, you can turn to Michelle Linka Law Professional Corporation by calling 416.477.7288. Schedule your consultation today.