Credit: Emilien ETIENNE/Flickr
The Highway Traffic Act imposes obligations on both drivers and pedestrians using the roadway.
Jaywalking, as it is commonly known, is not legally defined and is a slang term that people use to describe a pedestrian crossing mid-block.
The Highway Traffic Act provides that if crossing at a crosswalk, the pedestrian must obey the traffic signal and cross only when permitted otherwise the pedestrian may be ticketed. A pedestrian legally can cross mid-block. The law does not speak to how far from the crosswalk a pedestrian can be to legally cross mid-block. However, when a pedestrian chooses to cross mid-block, or not at a designated cross walk, the pedestrian must yield to oncoming traffic.
At the same time, drivers must keep a lookout for pedestrians and try to avoid an accident.
The Highway Traffic Act imposes an affirmative obligation on drivers using the roadway to yield the right of way to pedestrian. Once a pedestrian enters on the roadway, the motorist must allow the pedestrian the opportunity to complete their crossing. If a collision occurs, the onus of proof is on the motorist to prove that the accident did not occur through the negligence of the motorist. In other words, the motorist must prove that they were not negligent.
When pedestrian – motor vehicle accidents do arise, the legal obligations of the driver to avoid the accident take center stage. Civil responsibility for the accident can sometimes have other considerations other than the legal obligations of pedestrians and motorists.
For more information on pedestrian rights and responsibilities, contact a Neinstein Personal Injury Lawyer.
Rose Leto
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