Aug 08, 2024 in News Accident Benefits Claims

Accident Benefits Claims: The Urgent Need to Protect Vulnerable Road Users

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Vulnerable road users in Ontario–pedestrians, cyclists, wheelchair users and others–have some of the weakest protections across all of North America, according to personal injury lawyers. 12 American states have laws to protect vulnerable road users, and 17 states have at least some other protections in place. Ontario has no such dedicated legislation.

In Ontario, there is a ‘very low percentage of charges being laid after a pedestrian or cyclist is killed due to driver behaviour’. And the Protecting Vulnerable Road Users bill, which would have given real teeth to all the protection talk, has long since fizzled out in Ontario’s legislature.

Personal Injury Lawsuits Can Only Offer Compensation for Vulnerable Road Users

While personal injury lawsuits are crucial for seeking financial compensation, they often fall short of delivering a sense of justice.

The compensation awarded in these civil cases typically comes from insurance companies, not directly from the responsible party. This can leave families who have lost loved ones or individuals living with lifelong disabilities feeling that true accountability is absent.

Though the financial relief can help cover medical expenses and other costs, it rarely addresses the emotional and psychological impacts of the incident, leading many to feel that justice remains unfulfilled.

How Ontario Can Better Protect Vulnerable Road Users

Legislation to protect vulnerable road users has to be one limb of a multi-pronged strategy, as trends in the U.S. indicate. There, despite the presence of vulnerable road user laws, the number of pedestrian fatalities has increased. Florida, for instance, has seen only a 1% decline in pedestrian fatalities from 2022 to 2023.

Governors: Highway Safety Association

Beyond legislative action, there are several practical measures Ontario will likely need to implement to enhance the safety of vulnerable road users.

• Safety Education - Launching public awareness campaigns to educate drivers about the importance of sharing the road and the specific challenges faced by vulnerable road users can foster a culture of respect and caution.
• Use of Technology - Employing technology such as red-light cameras, speed cameras, and automated enforcement systems can help catch and penalize offenders more effectively.
• Local Safety Audits - Encouraging communities to conduct local safety audits to identify hazardous areas and suggest improvements can lead to targeted interventions.
• Feedback Mechanisms - Establishing platforms for residents to report dangerous road conditions or suggest safety improvements can help authorities address issues promptly.

Assert Your Rights With Leading Personal Injury Lawyers

Ontario may not have the same strong legal protections for vulnerable road users, but the courts have not shied away from punishing negligent drivers. In Sanson vs. Paterson, for instance, the Court of Appeal awarded a cyclist over $2.5 million in total damages for their injuries.

If you or someone you know has been injured in an accident with a motor vehicle, speak to our personal injury lawyers immediately. We help accident victims receive Accident Benefits in the aftermath of the accident, reducing their financial burden, and pursuing legal strategies that maximize the compensation they will receive.

Book a free consultation today. Our personal injury lawyers in Toronto are available 24/7.