Aug 01, 2024 in News Legal News
Legal News: Should Truck Drivers Take Greater Care Around Cyclists and Pedestrians?
Source: Unsplash
On July 25th a tragic truck accident took place in Yorkville, at the intersection of Bloor Street W. and Avenue Road. A 24-year-old woman, cycling west in the Bloor bike lane at 8.48 am, collided with a dump truck.
“A construction bin was sitting in a bike lane in the area at the time,” said Acting Duty Inspector of Toronto Police, Jason Bartlett.
The incident is part of a worrying trend in Toronto. The Vision Zero program reports that 2024 has already seen the highest number of cyclist fatalities since 2014, and the year isn't over yet.
It’s got our truck accident lawyers raising the question once again: should truck drivers take greater care around pedestrians and cyclists?
Caption: Total cyclist fatalities in Toronto; Toronto Vision Zero
Taking Greater Care Around Pedestrians
Truck drivers must be vigilant around pedestrians, whether they are crossing roads, walking or jogging along the roadside, or using crosswalks. It acknowledges that pedestrians may jaywalk, not just cross at intersections.
It requires drivers to exercise extra caution around schools and Community Safety Zones. Drivers must also be prepared for unexpected situations, such as a ball bouncing into the road, which might be followed by a child or an animal.
Elderly pedestrians and individuals using mobility devices may take longer to cross the road, which is why truck drivers are required to be alert.
Preventing Cyclist-Truck Accidents
Whereas drivers of all vehicles are responsible for the safety of all road users, that duty of care is heightened around vulnerable road users.
The Ministry of Transportation’s Handbook for truckers says sharing the road with cyclists is crucial for everyone's safety.
Cyclists and mopeds move at slower speeds than trucks. While cyclists are expected to ride about one metre from the curb or parked cars, they may deviate to avoid obstacles. Drivers are also required to ensure at least one metre of space between their vehicle and the cyclist.
Truck (and car) drivers are expected to anticipate when cyclists may drift into the road if there is an obstacle in the bike lane, as happened in this tragic collision.
Especially since 8.48 am is the peak office commute in Yorkville and Bloor narrows significantly at places, it will be on the truck driver to demonstrate they were driving carefully.
You Are Entitled to Claim Accident Benefits
…even if you are a pedestrian or cyclist without insurance
Truck Accident With a Cyclist: Liability Extends to Companies and the City
Utility companies, construction crews, and even the city share the responsibility to ensure the safety of all road users, including pedestrians and cyclists.
Construction companies must diligently implement safety measures to prevent any obstruction or danger within their work zones. Failure to do so can result in significant liability if someone is injured due to their negligence.
Moreover, the city can also be held accountable, especially if their contracts with construction, utility, or other companies create hazards for road users or if they fail to enforce adequate safety measures.
Get in Touch With Truck Accident Lawyers
Truck accidents are complex road accidents. Unlike with a personal vehicle, the ownership of a truck, its maintenance, and the liability of the truck driver in the accident can make several parties liable for the accident.
Even the city or municipality may be held to account for failing to meet a reasonable standard of care. That’s the kind of complexity only lawyers for personal injury cases can decode effectively.
If you or a loved one have been involved in a truck accident, speak to our personal injury lawyers in Toronto immediately. Truck accidents can cause severe mental and physical trauma, which is why time is of the essence.
Our cyclist and truck accident lawyers will help you receive accident benefits, and fight for your right to compensation, ensuring you can recover at your own pace.
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Neinstein LLP helps victims who have been injured in a trucking accident. We take care to investigate the circumstances surrounding the truck accident to protect your rights. We take a detailed approach to vigorously advance your claim ensuring that the at-fault party is held responsible to compensate you for your injuries.
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