Halloween is a spooky and fun time of year. Though not a recognized statutory holiday (a discussion for another blog), dressing up, enjoying a sugar rush, regardless of your age, never gets old. Halloween night, however, is not without its risks, in particular for those “kids” who have aged out of going door to door with parental supervision.
Reverse-Onus for "Pedestrians"
Unlike in multi-vehicle collisions, pursuant to section 193 of the Highway Traffic Act, there is a reverse-onus applicable to pedestrians, meaning that instead of the plaintiff having to prove that the defendant was at-fault, the defendant has to disprove that the accident occurred as a result of his or her negligence.
Dart out Accidents
Often times, in particular in high traffic residential areas, there are risks of “dart out” collisions, which can be liability scenarios difficult and complex when the motorist was not afforded with a reasonable period of time to avoid the accident. These are accidents that occur, generally, when a pedestrian appears suddenly and abruptly, on the roadway. This is of particular importance for those who are out trick or treating late at night, going house to house and crossing the street. Not to mention if their costume includes a large amount of black clothing.
General Safety Tips
- Accompany your child (if they are young enough to permit it)
- Remind your kids to look both ways when they cross the street
- Remind them to stay off any mobile devices to avoid distractions
- Provide a flashlight
- Remind them to keep their eyes open for drivers backing out of their driveways
- Remind them to stay on well-lit streets and always use the sidewalk and cross-walk, when available.
- Only go to homes with a porch light on
It gets awfully dark rather early this time of year. Be sure to go over these safety tips with your kids or hold their hand tight if they are still young enough to let you walk them to the front door. And if anyone has an extra coffee crisp, you know where to find me.
Happy Halloween.
