Lawyers: JOIN NOW

Pedestrian Safety Law Not Likely to Increase Claims

The Advocate Files: Pedestrian Safety Law Not Likely to Increase Claims


Pedestrian Safety Law Not Likely to Increase Claims

With comment from Ottawa Accident Lawyer – David Hollingsworth

A new Ontario traffic law should reduce collisions between pedestrians and vehicles, but likely won’t lead to more claims, says Ottawa personal injury lawyer David Hollingsworth.

The law, which came into effect Jan. 1, requires drivers stopped at a crossover to wait until pedestrians have stepped completely off the road before driving through the intersection.

“It would stand to reason that fewer collisions would result in fewer injuries, fatalities and therefore fewer lawsuits,” Hollingsworth tells Top Lawyers.

The law applies to school crossings and pedestrian crossovers, where signs and sometimes lights alert drivers to come to a stop. The new law has created some confusion among motorists, CBC reports.

Hollingsworth says even without this legislation, pedestrian crosswalk collisions are already likely to lead to personal injury claims.

“The higher the legal standard that motorists must meet to respect the rights of pedestrians potentially increases the margin for error and would provide new grounds for lawsuits. However, even before this new legislation, it would be difficult to conceive of many situations where a pedestrian is struck and injured by a motorist in a crosswalk and this would not give rise to a lawsuit.”

Hollingsworth points to existing law under the Highway Traffic Act 193 (1) that places a “reverse onus” on a driver who strikes a pedestrian.

“In those cases, instead of the onus of proof being on the pedestrian to prove that the motorist who struck her was negligent, the motorist must prove that he was not negligent in striking the pedestrian,” Hollingsworth says.

“So, I expect that this will not increase the number of claims brought by pedestrians. Perhaps, in codifying these pedestrian rights, it will make it even more onerous for the motorist to discharge the burden of showing he was not negligent. This remains to be seen.”


Does this article speak to you? Was it helpful?

The points discussed above are from an Ottawa pedestrian accident lawyer that focuses his practice on personal injury and disability law – Including serious injury and death arising from motor vehicle vs pedestrian / cyclist accidents in Ottawa and surrounding areas. If a loved one has had a serious injury from any type of car accident in Ottawa and surrounding regions contact David Hollingsworth for a free, no obligation consultation.

View the profile of this Ottawa car accident lawyer


This and other articles / posts originally appeared on the now defunct As expressed in writing by that website’s owner, the articles / posts, part of a paid service provided by Advocate Daily, are the intellectual property of the lawyer and/or legal service provider who wrote, or for whom the article / post was written and they are free to use as they wish. All articles / posts redeployed on Top Lawyers are done with the expressed consent of the professionals mentioned in said article / post.

Sponsored Ads: Firms to Keep Top of Mind

Lawyers: Join Today!

  • Increase your online visibility.
  • Drive traffic to your existing website.
  • Grow your legal practice.
  • Don't see your city and/or practice area?
    Just let us know - We can add it!
  • Click here for details.

Call: (Local) 416-988-4LAW (4529)
Call: (Toll Free) 1-888-645-5228

Experienced Lawyers To Help With Your Legal Needs

One of the things that differentiates Top Lawyers from other directories is our exclusivity. As our name suggests, we only list experienced lawyers that meet strict, minimum practice, experience and/or recognition requirements.

These requirements include:
(One or more of the following)

  • Awarded the recognition of “Queen’s Counsel” (Q.C. Designation)
  • Recognized by their Bar Association or Law Society as a “Certified Specialist”
  • Partner in a law firm and in good standing with the legal governing body of their province
  • Have practiced in their preferred area of law for a minimum of ten years

What does this mean to you, the general public?

You can have confidence in selecting and retaining the experienced lawyers listed here. They have "Been there. Done that" and bring their considerable knowledge and skill to support every case they undertake. After all...

"When you really need a lawyer - You want a Top Lawyer.™"