Dash cam video shows vehicle narrowly escape collision with jaywalking pedestrian

Concerns over jaywalking Driver speaks out after posting dash cam video of a close call with a pedestrian. CTV Windsor's Sanjay Maru reports.

If Mike Schmutz had looked away from the front window of his car at exactly 8:31 p.m. on Boxing Day for even a second, he may have possibly collided into a pedestrian pushing a baby stroller.

Dash cam video posted to social media shows Schmutz driving on Tecumseh Road East near Jackson Park when the pedestrian suddenly appears in his view.

The pedestrian was attempting to cross the road in the dark and was not at a designated crosswalk.

The timestamp on the video shows three to five seconds pass between the pedestrian appearing in the frame and Schmutz's vehicle coming to a complete stop.

"I wasn't sure if there was a car in my left lane so I didn't want to cause another accident that way and potentially cause something worse. So I just had to stick to my lane and slam on the brakes," he said. "I was pretty surprised with how long it took me to see her."

After the clip was posted to social media, many people pointed to jaywalking as a growing problem around the park where the Bright Lights Windsor festival is being held.

Another dash cam video, recorded by fellow driver Anthony Cornejo two hours after Schmutz's clip, shows the vehicle being forced to veer into the neighbouring lane to avoid a group of people who had stepped on the road.

According to personal injury lawyer Greg Monforton, "jaywalking" is illegal in most — but not all — cases.

He said while the law initially presumes drivers at fault in collisions with pedestrians, this presumption is challengeable based on specific circumstances, such as vehicle speed and pedestrian behavior.

"There is a real risk that a pedestrian who is jaywalking may be found to be partially, or in some cases, completely at fault for the accident," said Monforton.

"If a pedestrian suddenly darts into traffic and does not provide a driver who was otherwise driving at an appropriate speed and had no opportunity whatsoever to react, then it's possible the pedestrian might be found substantially or even fully responsible."

Typically, he explained, people can walk in the middle of a roadway if they are 30 (or more) metres away from a designated crosswalk. In most instances, pedestrians are permitted to jaywalk if they do not impede traffic.

But if they do, that does not necessarily mean pedestrians are ineligible for any compensation if they are injured in a collision.

"The court will often split liability between the driver and the pedestrian. The court may conclude that the driver was 70 per cent at fault but the pedestrian was 30 per cent at fault," said Monforton.

In which case, the financial compensation that the pedestrian would otherwise have been entitled to will be reduced by 30 per cent of their own contribution."

Monforton advises both drivers and pedestrians to adhere to their "shared responsibility" of using the road.

"If you're a pedestrian, don't jaywalk unless you're literally in an emergency situation and you have no other alternative," he said, adding drivers must also remain vigilant for pedestrians at all times.

The City of Windsor, which is developing a Vision Zero framework meant to achieve zero road fatalities and serious injuries through improved road safety measures and strategies, did not respond to a request for comment.

The Windsor Police Service said a $50 ticket can be issued to pedestrians who fail to use a crosswalk.

When asked if the police force could provide statistics on jaywalking-related tickets, a spokesperson said they could not do so in a timely manner.

As for Schmutz, he said the incident has left him "shaken," adding luck was on the side of the pedestrian.

"I just want pedestrians to be aware that cars cannot see you at night," said Schmutz. "Please use the crosswalks there and just try to wear anything you can to be highly visible to drivers."