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Originally posted by Moral Hazard Okay, now you're in my world (Bodily injury claims are my specialty). Unfortunately, just about every North American jurisdiction (Ontario included) has a Revers Onus of Proof when it comes to collisions between motor vehicles and pedestrians. This means that the driver of the automobile is automatically presumed negligent unless they can prove that the pedestrian was negligent. This is exceedingly difficult to do (out of several hundred pedestrian accidents I've handled I've only gotten our driver completely off on four... and two of those were suicides). In a situation like this the courts would likely find the pedestrian to be anywhere from 10-25% liable for the accident (10% for crossing not at a pedestrian crosswalk is the standard... it could be upped to 25% depending on a number of other factors). Ultimately, the courts take the view that the driver should be ever vigilant for pedestrians and always be able to avoid them. Personally, I think the judges are just being lazy or overly sympathetic (judges tend to want to give injured people money and in this case the insurance company is the only one who has any); however, that is the reality of the situation at present.

They need to change this because pedestrians have learned this and now are causing more problems. Im damned if i do and damned if i dont which means next time the douche is getting what he deserves. Sadly it's a me or you city... and its gonna be him not me.

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Originally posted by Jayx1 They need to change this because pedestrians have learned this and now are causing more problems. Im damned if i do and damned if i dont which means next time the douche is getting what he deserves. Sadly it's a me or you city... and its gonna be him not me.

nah nothing needs to change its fine the way it is

point is if u break ur car its fixable and usualy covered

if u break some1's neck, or back their life may be crippled for the rest of their life, no way to fix that.

get yourself some HID lights (dont forget to turn them on, like so many idiots on the highway) and use your horn more often

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Originally posted by Engine9 nah nothing needs to change its fine the way it is point is if u break ur car its fixable and usualy covered if u break some1's neck, or back their life may be crippled for the rest of their life, no way to fix that. get yourself some HID lights (dont forget to turn them on, like so many idiots on the highway) and use your horn more often

So you are saying that pedestrians should not take responsibility for their own safety? That its ok for me to have to pay for his negligence? That people jwalking should not be culpable for being in a place they have no business being in the first place? Id use your points to argue why the laws SHOULD change. Since jwalking can result in such serious injury, the onus should be on the pedestrian not to jwalk in the first place.

Perfect comprimise:

Pedestrian has right of way and car hits them... car is automatically at fault

Pedestrian does not have right of way and car hits them, pedestrian is automatically at fault.

Makes the driver more cautious at intersections and crosswalks. Makes the pedestrian more cautious in the middle of the street

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Originally posted by Abercrombie There was a young mom with a kid in an umbrella stroller on the side of the street (on Haida for you Jay) instead of the sidewalk. She risked her and her kid's life pushing the flimsy stroller instead of just carrying ther kid and walking on the sidewalk, which was easy to walk on, but slushy for a cheap stroller.

It just amazing how many mothers I see playing Russian Roulette with their kids, while jwalking. Fuck, go to the light, or wait till it is safe. I've even seen pregnant women with other children trying to beat traffic. If the driver were to hit that group, they would be considered a monster and shunned by society.

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Originally posted by Jayx1 No thanks... Here is the break down Car = 10 mins and $3 for an hour of parking plus about $1 gas TTC = 30-45 mins and $5.50 for return fare. Exponential if you have passengers. TTC is just not worth it.

Ah...insurance costs, maintenance...
And the cost is not exponential , it increases linearly for TTC. It's $5.50 for one person, $11 for two, $16.50 for 3. If I'm traveling with somebody on the weekend, I always get a day pass, which is $9 for two adults, unlimited for the whole day, till 5am.

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Originally posted by Jayx1 They need to change this because pedestrians have learned this and now are causing more problems. Im damned if i do and damned if i dont which means next time the douche is getting what he deserves. Sadly it's a me or you city... and its gonna be him not me.

I highly doubt the majority of pedestrians understand how liability works in a pedestrian accident.

As a driver you need to be aware of your surroundings and be aware of all reasonably possible situations, one of which would be pedestrians crossing the road...even where they are not suppose to. Like Craig said....its highly unlikely that an automobile driver will be held 0% liable for an accident involving a pedestrian. I have only had two pedestrian accidents like that and both were sucide attempts....one being on the 401.

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Last edited by Moral Hazard on Apr-26-2011 at 07:48

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Originally posted by Orko It just amazing how many mothers I see playing Russian Roulette with their kids, while jwalking. Fuck, go to the light, or wait till it is safe. I've even seen pregnant women with other children trying to beat traffic. If the driver were to hit that group, they would be considered a monster and shunned by society. Ah...insurance costs, maintenance... And the cost is not exponential , it increases linearly for TTC. It's $5.50 for one person, $11 for two, $16.50 for 3. If I'm traveling with somebody on the weekend, I always get a day pass, which is $9 for two adults, unlimited for the whole day, till 5am.

Im going to own a car either way. I dont just stay downtown and i dont have time to waste on transit. Transit usually is 3 times longer than driving even in heavy traffic. I also consider my time as being worth money. Therefor it is extremely expensive to take transit. Also, $16.50 for three people when you can fit 5 in a car for under $5 is not very justified.

Until they significantly improve service and cost, I like my car thanks

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Originally posted by ChemEnhanced I highly doubt the majority of pedestrians understand how liability works in a pedestrian accident.

youd be surprised. i think most of them know the basics. The basics being "if you hit me its your fault, not mine"

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As a driver you need to be aware of your surroundings and be aware of all reasonably possible situations, one of which would be pedestrians crossing the road...even where they are not suppose to.

Of course... but at the same time if one is in the road i will obviously try to avoid them. But if i hit them why should i be at fault? They arent supposed to be there. Its akin to charging someone for beating a robber who has broken into their home. Its just a ridiculous.

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Like Craig said....its highly unlikely that an automobile driver will be held 0% liable for an accident involving a pedestrian. I have only had two pedestrian accidents like that and both were sucide attempts....one being on the 401.

Again that needs to change. Until then people will just continue to become more selfish when it comes to jwalking

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Originally posted by Jayx1 No thanks... Here is the break down Car = 10 mins and $3 for an hour of parking plus about $1 gas TTC = 30-45 mins and $5.50 for return fare. Exponential if you have passengers. TTC is just not worth it.

you're forgetting to factor in your $400 repair bill

my question to you is why didn't you report him to the police? you have a case here against the pedestrian. If you got his I.D. or a picture at least you could take that to your insurance. Not only will you get out of paying for repairs you will make the pedestrian pay for breaking the law by jay walking.

oh.. and if he refuses to give you their I.D. have a camera ready

as a pedestrian, I hate traffic lights on tiny, one way streets.. yeah, I'm one of those that pisses the drivers off, but oh well

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And leave this world behind...

this is what happened to my friend on sat night... it was a ridic snow storm in london.... a snow plow rear-ended him

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