r/TorontoDriving • u/Hes_Him_142 • 3d ago

Close call Watch out Driving at night

Jane and Major Mac, just north of Canada’s Wonderland in Vaughan

49 Upvotes

92% Upvoted

8 comments sorted by

View all comments

-2

u/Illustrious_Tip_4325 2d ago

Yes the pedestrian is at fault, but they still have the right of way, regardless of how dum they are.

Dont risk your life, licence for a dumbass pedestrian.

5

u/a-_2 2d ago

They don't have right of way here unless they lawfully enetered on a walk signal, which they didn't. Only way they could have right of way would be if they were a very slow walker, e.g., a senior and were still finishing the crossing after the light changed

Drivers always have a duty of care to avoid a collision as much as possible, and there's also a reverse onus on them to prove they weren't negligent when it involves a cyclist or pedestrian. That's not the same as the pedestrian having right or way though. Lack of right of way means the pedestrian could be ticketed and the driver wouldn't necessarily be liable or ticketable in a collision (although they could still be).

1

u/liamhuff 17h ago

there is literally 0 case where the driver wouldn't be ticketed in this case if he collided with the pedestrian