September brings a noticeable change to roads throughout Ottawa and Eastern Ontario. School buses return to their routes, parents line up for drop-off and pickup, and more children are walking, cycling, or crossing streets on their way to school.
The combination of vehicles, buses, pedestrians, and cyclists can make the areas surrounding schools particularly busy during the morning and afternoon. Children may also behave differently around traffic than adults. They can be harder for drivers to see and may step onto the roadway unexpectedly.
When a child is struck by a vehicle in or around a school zone, determining responsibility involves more than simply asking who had the right of way. The driver’s conduct, the child’s actions, traffic controls, speed, visibility, and the design of the crossing may all become relevant.
Do Drivers Have to Take Extra Care Around Ottawa Schools?
The City of Ottawa reminds drivers that younger children may have limited experience navigating traffic and specifically advises motorists travelling through school zones to reduce their speed, watch for school-zone signage, be prepared to stop, and wait for children to complete their crossing before proceeding.
Those precautions matter because drivers have an obligation to operate their vehicles reasonably in the circumstances. What constitutes reasonable driving on an open roadway may be very different from what is reasonable outside an elementary school during morning drop-off.
A driver approaching a school zone may need to account for children entering crosswalks, buses stopping, vehicles pulling away from the curb, crossing guards entering the roadway, and reduced visibility caused by parked vehicles.
Do School Zone Speed Limits Affect Liability?
Speed can significantly affect both whether a driver can avoid a collision and the severity of injuries when a pedestrian is struck.
Section 128 of Ontario’s Highway Traffic Act allows municipalities to establish reduced speed limits in designated school zones. In Ottawa, reduced school-zone limits apply in designated areas, and drivers should pay close attention to posted signs identifying when those limits are in effect.
What Are Driver’s Responsibilities at School Crossings?
Crossing guards play an important role in helping children safely navigate busy streets. Section 176 of Ontario’s Highway Traffic Act requires drivers approaching a school crossing guard displaying a school crossing stop sign to stop before reaching the crossing and remain stopped until the children and crossing guard have safely cleared the roadway.
A collision at a school crossing may therefore raise specific questions. Was a crossing guard present? Had the guard entered the roadway? Were children already crossing? Could the driver see the crossing? Were parked or stopped vehicles obstructing visibility?
These details can become important when reconstructing how an accident occurred.
What Happens When a Child Is Partly at Fault?
Children do not always behave predictably around traffic. A child may cross somewhere other than an intersection, step into the roadway unexpectedly, become distracted by friends, or misjudge how quickly a vehicle is approaching.
That does not necessarily mean the driver bears no responsibility.
Ontario law also provides an important protection to pedestrians injured by motor vehicles. Under section 193 of the Highway Traffic Act, a reverse onus can apply. This means the driver or owner may have to show that the pedestrian’s loss or damage did not arise from their negligence or improper conduct. This does not mean the driver is automatically responsible, but it can play an important role in determining liability.
The age of the injured child is also important when considering their conduct. A child’s actions are not necessarily assessed in the same way as those of an adult. Their age, experience and ability to understand the particular danger can be relevant when determining whether they bear any responsibility for the collision. The circumstances must therefore be considered as a whole rather than simply concluding that a child “should have looked.”
What Evidence Matters After a School-Zone Collision?
Determining what happened may require more than the recollections of the driver and the injured child. Surveillance cameras from nearby schools or businesses, dash cam footage, witness statements, photographs, crossing-guard evidence, traffic signals, road markings, and vehicle data may help establish the circumstances surrounding a collision.
The physical location can also matter. Photographs showing parked vehicles, sightlines, signage, crosswalk markings, and other features of the school zone can help explain what each person could reasonably have seen before the accident.
Because some of this evidence can disappear quickly, early investigation may be particularly important after a serious pedestrian collision.
Can a Child Injured in an Ottawa Pedestrian Accident Claim Compensation?
When a child is struck by a vehicle, the consequences can extend well beyond the initial injuries. Treatment, rehabilitation, time away from school, psychological effects, and ongoing care can affect both the child and their family.
If your child or another family member has been injured as a pedestrian, our Ottawa and Eastern Ontario personal injury lawyers can review the circumstances, explain your legal rights, and help determine what compensation may be available. Contact us today for a free consultation.
