May 17, 2022 in News Car Accident

Car Accident: Springtime Presents Unique Road Safety Challenges

While there’s little question that winter is the most dangerous time of year on Ontario’s roads, spring presents a set of unique road safety challenges. Every year in April and May, personal injury lawyers in Toronto and elsewhere experience a sharp uptick in traffic accident calls related to collisions with vulnerable road users and injuries caused by damaged or substandard infrastructure.

Vulnerable Road User Safety

Vulnerable road users are all those people who use Ontario’s roads without the protection of a personal automobile, including pedestrians, cyclists, motorcyclists, skateboarders, runners, and more. 

Vulnerable road users are uniquely susceptible to injury because they don’t enjoy the same protections that motorists take for granted. This spring and summer, as cities across Ontario emerge from the COVID-19 pandemic, some personal injury lawyers expect an even larger uptick in vulnerable road user injuries than in years past.

To protect themselves against injury this spring, vulnerable road users should take a variety of common-sense measures: obey the rules of the road, stay alert, wear bright and visible clothing, and wear as much protective gear as necessary for their mode of transportation.

Motorists are also responsible for the safety of vulnerable road users and should take extra care this spring to be conscious of cyclists, pedestrians etc. They should give these road users plenty of room to manoeuvre, triple check on right turns, and generally slow down when driving in areas where vulnerable road users are common.

Infrastructure Dangers

In Canada, the transition from winter to spring tends to be hard on our infrastructure. Each year, municipalities across the country must grapple with a wave of new potholes and cracks in their sidewalks and streets as the concrete warps and shifts with the weather.

At times, these new obstacles can result in accidents. Potholes can be quite hazardous to drivers, and a significant crack in a sidewalk can mean big trouble for pedestrians. When these accidents cause significant injuries, the victim may turn to a personal injury lawyer for help. 

There are several challenges associated with claims for these types of injuries. First, the limitation period for claims against municipalities in Ontario is extremely slim – prospective plaintiffs must generally notify the municipality of their intent to sue within ten days of the accident. There are exceptions to this rule, but initiating a claim outside this narrow, ten-day window can be challenging.

Second, the road maintenance standard to which municipalities must adhere is quite lenient. Cities and towns aren’t required to keep their roads in perfect condition – they must only take reasonable steps to ensure the infrastructure’s safety.

These challenges don’t mean that you shouldn’t pursue a claim, however. If you’ve been injured due to a damaged road or sidewalk, contact Neinstein Personal Injury Lawyers today to schedule a free, no-obligation consultation. Our experienced team will listen to your story and assess the viability of your claim. Same goes for vulnerable road users injured in collisions with motorists – our lawyers are here to help.

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