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Failure To Yield To A Pedestrian

Obeying the rules of the road, especially as they apply to pedestrians, helps to keep all road users safe.

COVID-19 UPDATE: X-COPPER will remain OPEN to the public via telephone and email during the Provincial Court closure period. X-COPPER is practicing social distancing and we are not currently open to the public for personal (face to face) consultations.

PROTECTING THE MOST VULNERABLE ROAD USERS

Users of Ontario’s roadways are not only those behind the wheel of a vehicle. Cyclists and pedestrians use the roads too. Failing to yield to a pedestrian puts them at risk of suffering catastrophic injuries, and puts drivers at risk of severe consequences.

THE DEFINITION OF ‘FAILURE TO YIELD TO A
PEDESTRIAN’ CHARGES

Drivers may be guilty of “failure to yield to a pedestrian” if they do not stop and yield the roadway to pedestrians where pedestrian traffic may legally use the road.

PEDESTRIAN CROSSOVERS & SCHOOL CROSSINGS

Drivers must yield the entire roadway when pedestrians are lawfully using pedestrian crossovers, school crossings and other locations where there is a school crossing guard, to cross the road.

Across Canada, pedestrian crossovers are generally identified by all, one, or a combination of specific street signs, pavement markings and overhead lights and signs. School crossings are pedestrian crossings where a school crossing guard is present and using a school crossing stop sign.

Drivers and cyclists are not allowed to proceed through pedestrian crossovers or school crossings until all pedestrians and crossing guards are safely on the sidewalk.

PEDESTRIAN CROSSWALKS AT INTERSECTIONS

Pedestrian crosswalks are usually found at roadway intersections with traffic signals, walk signals, pedestrian signals or stop signs.

PENALTIES FOR FAILING TO YIELD TO PEDESTRIANS

If a driver fails from not yielding to pedestrians who are legally using the roadway, it can have catastrophic consequences, including loss of life and debilitating injuries.

Higher Penalties and Stricter Enforcement

The penalties for failing to yield to pedestrians in Ontario were increased recently, including higher fines and more demerit points.

You can face one or more of the following penalties if you are convicted of failing to yield to pedestrians in Ontario.

  • Fines: a maximum of $1,000
  • Demerit Points: 4

When Failing to Yield to Pedestrians Becomes Careless Driving

If you fail to yield while driving aggressively or in a way that puts other road users at risk, you may also be charged with careless driving.  Penalties for careless driving include a fine of up to $2,000, six demerit points, a maximum of six months in jail and a driver’s licence suspension of up to two years.

HOW TO FIGHT FAILURE TO YIELD TO A
PEDESTRIAN CHARGES

There’s a greater emphasis across the country to protect vulnerable road users. And there’s a fine line between charges of failing to yield to pedestrians and careless driving.

The Best First Step to Fight the Charges: Get the legal advice and representation of X-Copper’s winning team of qualified and experienced lawyers, former police officers and legal professionals on your side. They know the enforcement methods of the officers who charged you, how the courts will interpret your case, and know-how to get the best results possible.

Copyright 2020 X-Copper Professional Corporation Authorized by the Law Society of Ontario to practice law. All Rights Reserved.

This website and its information is not legal advice, nor is it intended to be. Please consult a legal services provider (Lawyer or Paralegal) for advice about your individual situation. Please contact us by electronic mail, telephone or in person. Contacting us through this website does not create a lawyer/paralegal-client relationship. Until a Lawyer or Paralegal-client relationship is established, please withhold from sending any confidential information to us.