Feb 2, 2010

It has long been said that technology is a distraction for motorists, which is why new legislation was enacted that bans the use of hand-held devices in cars, or so-called “Distracted Driving”. The legislation came with a grace period, which came to an end on February 1, 2010. Police will no longer be issuing warnings, but will be issuing tickets for texting, phone calls or using handheld devices while driving. So, apparently, we have another measure in place to promote safe driving.

But, what about safe walking?

There was something awry in the GTA and the City of Toronto in the month of January. We have all heard the news broadcasts about 14 pedestrian deaths in as little as 15 days. It is a strange phenomenon that comes with a clear-cut warning: Pay attention to the road.

Sergeant Tim Burrows was quoted as saying, “If this series of accidents doesn’t make people aware of their vulnerability and how dangerous it can be if they are not paying attention, I don’t know what else will.”

Pedestrians of all ages are vulnerable, and at some point every week, each and every one of us is a pedestrian. Cars, buses and dump trucks do not discriminate when it comes to their victims. The age range of the recent unfortunate pedestrians ranged from a 17 year old to an 80 year old.

According to a study conducted by Transport Canada regarding pedestrian fatalities and injuries for the years 1992 to 2001, pedestrian fatalities decreased by 24.1%. It was not surprising that the highest pedestrian fatality rate in Canada was awarded to Ontario: a total of 1300 deaths over the 10-year period.

Across the GTA, pedestrians accounted for 42% of all traffic deaths in 2009, and it was noted that there has been a general upward trend of pedestrian deaths over the past 5 years.

Never mind Generation X…
We’re Generation Text

It seems coincidental that over the past 5 years, Blackberrys have become more popular, the iPod hit the consumer market and the iPhone and “Smart Phones” were introduced.

We have to acknowledge the fact that everything that can distract a driver; can just as easily distract a pedestrian.

It seems there is a right of way problem. We have to remember that traffic lights and crosswalks were not installed superfluously. They are there to promote order and a safer traffic flow-ideally that is. What motorists and pedestrians alike have to do is abandon their sense of entitlement. It’s not a matter of who is entitled to the road: we must share the road and promote mutual respect.

This brings us to the topic of jaywalking.

Well, we know what the typical definition of jaywalking is, but, did you know that technically it is illegal for a pedestrian to step off the curb once the red-hand starts flashing, and that pedestrian could be subject to a fine?

As many of us heard on the news on January 27, 2010, the Toronto Police were out and about ticketing pedestrians and jaywalkers in droves.

Mayor David Miller stated, “I think we all need to show common sense…whether a driver or a pedestrian makes a mistake, the pedestrian loses…”

10 Safety Tips

1. Cross when the light is green — not yellow or red.
2. Be aware of the length of time it takes you to cross at an intersection and determine if you have enough time to safely make it across.
3. Make yourself visible.
   Just because you can see the car, doesn’t mean the driver sees you.
4. Travel in a crowd.
   Cross when others are crossing so you are more visible.
5. Look left, centre and right before you cross the street. This applies to drivers too, before entering intersections.
6. Ground View: Watch how the wheels of the car are positioned. Drivers: watch the areas where there are parked cars or objects blocking sidewalks.
7. Be aware of your surroundings:
   Are there parking lots, hidden intersections, etcetera, where cars can come out of?
8. Sacrifice the loud music for the sake of yourselves and others! Be able to hear horns honking and crosswalk signals.
9. Keep your peripheral vision open.
   Avoid hoods or objects that will hinder your peripheral vision.
10. Curb the addiction to technology.
    Take a moment from texting and emailing and watch the road!

Remember Our ABCs

We know that an all-encompassing solution does not exist, but the least we can do is remember our ABC’s: Be Aware, Get your Bearings, Be Cautious.

By Melanie Luxenberg l Law Clerk, Gluckstein & Associates LLP