Jaywalk girl killed, family sues Mississauga....

[nottyboi]

https://www.thestar.com/news/gta/20...ck-by-vehicle-seeks-4-million-in-lawsuit.html

What is this world coming to? Yes this is sad, but when she decided to cross on an amber light, she was on her own. Cars are lit, they have headlights on at all times. She still did not see it. A frivolous lawsuit. Mississauga should warn the family to drop it or they will sue for costs of the whole trial as a deterrent.

 

[Mr Deeds]

The girl was probably texting or something. There is something called crossing with undue care and attention. The driver should be asked if he,or she felt the intersection was too dark. I also have to ask wtf was her boyfriend doing at the time

 

[richaceg]

So basically suing the whole city...I wonder how her neighbors feel...

 

[Promo]

I know the intersection well - it's a busy intersection in both directions, the streets are wide, it's open, no bushes or trees to obstruct views. Cars tend to speed on Britannia, but from the article she was moving along Britannia, so that should not have been an issue. There are ALLOT of aggressive/bad drivers in Meadowvale: people who run red lights, make rolling turns on a red light, drive through stop signs, aggressive driving, enter the intersection while pedestrians are in the crosswalk, etc. The area itself is full of visual distractions - lots of signes, lights, people, corner plaza and lots of cars. Seriously, that intersection is one of the crazier intersections in the area and has had many accidents over the years - usually due to the aggressive nature of the drivers.

It's hard to tell from the article exactly what happened, but I interpret the information as Madeleine Petrielli crossed illegally as the walk sign was not lit and the light was still amber in the opposite traffic direction. I wonder how she got hit and not him, perhaps she stepped out and the accident happened almost immediately, but how is it neither one saw the car coming? <-- it's a busy intersection, I can almost guarantee there were several cars at that intersection at the time of the accident.

From nottyboi's article:
"Five streetlights at the intersection were out at the time, according to Smitiuch.
Following Madeleine’s death, the family hired an engineer to assess the circumstances at the time of the incident.
“That assessment found that the lighting on the night of Madeleine’s death fell far below the minimum standards required of the city,” said Smitiuch."

Although an interesting point, I don't believe the lighting situation as relevant to the accident. The car would have headlights, so she should have seen the car. Even if the bad lighting prevented the driver from seeing her, I'm suggesting that the accident happened almost immediately after she illegally stepped off the curve (otherwise her boyfriend should have been hit too) so the lighting wasn't relevant. The police haven't laid charges in 3 months, so it likely wasn't the fault of the driver.

 

[Kilgore Trout]

Street View:

https://www.google.ca/maps/@43.5746...tunMMEoj4Ue21emqGg!2e0!7i13312!8i6656!6m1!1e1

 

[Promo]

Street View:

https://www.google.ca/maps/@43.5746...tunMMEoj4Ue21emqGg!2e0!7i13312!8i6656!6m1!1e1

Thanks for that. You will notice how wide and open the area is and how busy the traffic is.

The intersection has the new LED lighting that Mississauga has rolled-out everywhere. I though LED lighting didn't fail? Anyway, those lights tend to be very bright directly below the pole, but dims quickly to either side. They save $$, but IMHO are less safe for pedestrians.

I wish people here on Terb could go stand at that corner for 20 minutes and observe the situation. People are idiots, more than 1/2 the car's drivers and pedestrians will do something stupid or illegal. There's something about Mississauga that makes it uniquely bad. I don't know whether it's the high density, inadequate roads, too many traffic lights and stop signs, badly timed traffic lights (you can catch 60%++ of all lights on your trip and wait 90-120 seconds at each!), tons of visual distractions, or the simple fact that allot of people who live in Mississauga are new drivers from countries who don't traditionally have driving experience. And the pedestrians - are just as bad! They cross illegally, don't look, many are using their phone, they cross at an angle. ARRGH!

 

[Scarey]

I'm surprised someone didn't try purchasing her while she was alive. Her parents obviously have a number in mind of how much she is worth now that she is dead.Gross

 

[GameBoy27]

I feel sorry for her family and friends, but this sounds like a case of not looking before she stepped into traffic. It's likely as simple as she wasn't paying attention and it cost her her life. Very sad.

I tell people all the time. When you cross the street, never force a vehicle to brake to avoid you. When I drive I often have to brake or swerve to avoid stupid pedestrians. It boggles my mind how anyone put that much faith in the hands of motorists.

Always assume the driver doesn't see you. Regardless of you having the right of way, a collision isn't going to end well for the pedestrian.

 

[Aardvark154]

Just don't see it.

Particularly if she was crossing against the signal and there was not a problem with the timing of the light.

 

[Ref]

It boggles my mind how anyone put that much faith in the hands of motorists.

Always assume the driver doesn't see you. Regardless of you having the right of way, a collision isn't going to end well for the pedestrian.

No kidding. This morning I was driving along Lawrence in the pouring rain and about 100 feet from a crosswalk some lady carry a baby in her arms was jay-walking. She got about half way across, changed her mind and then turned back. What a fucking dummy! Lawrence is six lanes of traffic across and there are usually delivery trucks on the road so it is hard to see cars behind them.

I wish the police would start charging pedestrians who jay walk or cross against a light. Pedestrians need to be made accountable as well.

 

[K Douglas]

Thanks for that. You will notice how wide and open the area is and how busy the traffic is.

The intersection has the new LED lighting that Mississauga has rolled-out everywhere. I though LED lighting didn't fail? Anyway, those lights tend to be very bright directly below the pole, but dims quickly to either side. They save $$, but IMHO are less safe for pedestrians.

I wish people here on Terb could go stand at that corner for 20 minutes and observe the situation. People are idiots, more than 1/2 the car's drivers and pedestrians will do something stupid or illegal. There's something about Mississauga that makes it uniquely bad. I don't know whether it's the high density, inadequate roads, too many traffic lights and stop signs, badly timed traffic lights (you can catch 60%++ of all lights on your trip and wait 90-120 seconds at each!), tons of visual distractions, or the simple fact that allot of people who live in Mississauga are new drivers from countries who don't traditionally have driving experience. And the pedestrians - are just as bad! They cross illegally, don't look, many are using their phone, they cross at an angle. ARRGH!

I know the area well and I agree with you for the most part. Unfortunately, the only way this accident could have been prevented is if the victim had been more careful when crossing the street. It's always tragic to lose a child and I think unfortunately the mother is taking out her grief by blaming everyone else but her daughter.

 

[superstar_88]

driving into a parking garage today with no side walk and woman in stroller is walking towards me on the side of the road with her child just walking on her own right in front of my car. If I wasn't an attentive driver that could be a terrible accident waiting to happen.

 

[OnTheWayOut]

I wish the police would start charging pedestrians who jay walk or cross against a light. Pedestrians need to be made accountable as well.

This ^^^^^^

So often in downtown Ottawa I would wait to turn right until the pedestrian signal would flash telling people to stop. They almost never did so you were lucky if one car per cycle was able to turn. And folks wonder why congestion is so bad.

I worked with a guy whose 8 yr old daughter got killed by a delivery truck when she darted in front of him trying to get to the ice cream truck across the street. Heartbreaking. Driver had no chance to stop yet my coworker was able to sue and win, compounding the problems caused by the tragedy. To be honest I had to look at my coworker differently after that, a real shame as we were close and I shared his pain. His life was ruined, the driver's life was ruined among others. For what? The money did not make my friend feel better.

Likely in this case the family will win because there were a couple lights out. Not the cause, not enough to save anyone who will cross illegally, but still not up to standards. The heartbreak of a child being killed will sway most juries to find anyone to blame, no matter that it was the child or her parents for not teaching them better safety skills. Juries will award blame to the city who has not lost a loved one, I'll bet on it. And they will be wrong.

 

[PhoenixHouse]

This ^^^^^^

So often in downtown Ottawa I would wait to turn right until the pedestrian signal would flash telling people to stop. They almost never did so you were lucky if one car per cycle was able to turn. And folks wonder why congestion is so bad.

I worked with a guy whose 8 yr old daughter got killed by a delivery truck when she darted in front of him trying to get to the ice cream truck across the street. Heartbreaking. Driver had no chance to stop yet my coworker was able to sue and win, compounding the problems caused by the tragedy. To be honest I had to look at my coworker differently after that, a real shame as we were close and I shared his pain. His life was ruined, the driver's life was ruined among others. For what? The money did not make my friend feel better.

Likely in this case the family will win because there were a couple lights out. Not the cause, not enough to save anyone who will cross illegally, but still not up to standards. The heartbreak of a child being killed will sway most juries to find anyone to blame, no matter that it was the child or her parents for not teaching them better safety skills. Juries will award blame to the city who has not lost a loved one, I'll bet on it. And they will be wrong.

We have that in Downtown Oshawa too. We have an advanced turn, while people have to wait to cross. The hand stays up for a short while after the green light, so that cars have time to cross.

I have no issues honking, and slowly moving my car through the turn, even if it forces them stop their walk, and telling them they can't walk when the hand is up. It is insane how many people don't understand that.

 

[rhuarc29]

Although an interesting point, I don't believe the lighting situation as relevant to the accident.

I think it's relevant, but I doubt the city is at fault. If the driver had his lights on, the only way you could fail to see him is if you didn't look. Many pedestrians don't ever look before crossing, though most wait for the crossing signal thankfully.
Even if the driver didn't have his lights on, I find it highly unlikely the intersection wasn't adequately lit for any reasonable person to notice the vehicle if they properly looked. The fact that several lights were out doesn't mean the intersection wasn't adequately lit.

 

[GameBoy27]

I just heard a study found pedestrians were at fault in 70% of collisions with cars, in the City of Toronto.

 

[Promo]

I think it's relevant, but I doubt the city is at fault. If the driver had his lights on, the only way you could fail to see him is if you didn't look. Many pedestrians don't ever look before crossing, though most wait for the crossing signal thankfully.
Even if the driver didn't have his lights on, I find it highly unlikely the intersection wasn't adequately lit for any reasonable person to notice the vehicle if they properly looked. The fact that several lights were out doesn't mean the intersection wasn't adequately lit.

Didn't you just agree with my point? ;-)

According to the most recent reports, police have determined speed was not a factor and the driver hasn't been charged. It's been confirmed that Petrielli was indeed jaywalking and her family has acknowledged that. Petrielli did step out from the curb before her boyfriend and that's why she was hit and not him.
http://www.cp24.com/news/family-of-...sauga-collision-sues-city-driver-4m-1.3356349

Here's an interesting table, about half way through the article: https://www.thestar.com/news/pedest...eath-crossing-street-have-been-prevented.html
The table shoes the Number of pedestrians killed or seriously injured by time of day.

We'll have to wait and see if the lawyers can make a case out of the failed street lighting. Maybe it is relevant.

 

[GameBoy27]

I just heard a study found pedestrians were at fault in 70% of collisions with cars, in the City of Toronto.

Correction, TPS reported 71% of pedestrian fatalities was the fault of pedestrians and 29% was the fault of drivers. That's a lot of preventable deaths. Pedestrians need to pay more attention.

According to the most recent reports, police have determined speed was not a factor and the driver hasn't been charged. It's been confirmed that Petrielli was indeed jaywalking and her family has acknowledged that. Petrielli did step out from the curb before her boyfriend and that's why she was hit and not him.

We'll have to wait and see if the lawyers can make a case out of the failed street lighting. Maybe it is relevant.

I feel sorry for the driver. He's obviously traumatized and will have to live with this for the rest of his life. Now he has to deal with a civil suit when he's clearly not at fault. Poor guy!

I mean seriously, how would better lighting have prevented her from being struck. Obviously she didn't look before she stepped off the curb and the driver had no time to react. But no, they're blaming everyone else in an attempt to line their pockets. That's all this is about. Pathetic!

 

[nottyboi]

Correction, TPS reported 71% of pedestrian fatalities was the fault of pedestrians and 29% was the fault of drivers. That's a lot of preventable deaths. Pedestrians need to pay more attention.

Some 54 year old woman was killed by a concrete truck yesterday. How awful. I wish the police would publish reports about these accidents so people can learn from them and avoid the same mistake. I wonder if it was a suicide.

 

[rhuarc29]

Didn't you just agree with my point? ;-)

Ha, I guess was just arguing semantics.