Drivers must be extra cautious as children return to school

By Paul Russell, LegalMatters Staff • As schools across the province open their doors next week, students and drivers must keep safety at the top of their minds, says Ontario disability and personal injury lawyer Joshua Goldberg.

“Young children will be excited to be going back into the classroom and seeing their friends, and they may not be paying proper attention to the traffic as they walk or bike to school,” says Goldberg, principal of Joshua Goldberg Law.

“That is why drivers must make an extra effort to watch out for children, especially around school zones,” he tells LegalMattersCanada.ca.

If your children walk to school, parents should review safety tips with them, Goldberg says.

“They should always cross streets at crosswalks or intersections, and obey traffic signals,” he says. “They also have to look both ways before crossing, even if the light is green, and make eye contact with drivers to ensure they are being noticed.”

In neighbourhoods without sidewalks, students should be told to walk facing traffic so they can see oncoming vehicles, Goldberg says.

“Drivers need to slow down and be extra careful if children are on the adjoining sidewalk,” he says. “Young people may step out onto the road without looking, so vehicles need time to stop.”

A World Health Organization study states that a pedestrian struck by a car travelling 45 km/h has less than a 50 per cent chance of surviving an impact while someone hit by a vehicle going 30 km/h or less has a 90 per cent chance of survival.

‘Distracted driving is a real issue’

“Distracted driving is a real issue on our roads today, as we have turned our cars into entertainment centres,” says Goldberg. “If you are playing with the radio or are responding to a text, your attention will not be on the road, and a tragic accident may happen.”

Parents dropping their children off at school also have to keep safety in mind, he says.

“Be extra cautious in school zones, follow the posted speed limits and be aware of crossing guards and school buses,” says Goldberg. “Adhere to your school’s designated drop-off and pick-up locations and avoid double parking, as that blocks a lane of traffic and creates hazards for cyclists, pedestrians and drivers.”

He says it is a good idea to leave early when driving children to school to avoid the last-minute rush that can lead to careless driving.

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“Be extra cautious in school parking lots, where children may not be as visible,” says Goldberg.

If a driver encounters a school bus that has stopped and activated its flashing red lights, all vehicles travelling behind or approaching the bus must come to a complete stop, he says.

“Drivers who fail to stop in that situation face a fine between $400 and $2,000 and will receive six demerit points for their first offence,” says Goldberg. “And penalties are considerably harsher for subsequent convictions.”

Cyclists must obey road rules

Students who choose to ride their bicycles to school must obey the same rules of the road as automobile drivers, he says.

“They have to follow all traffic rules, such as coming to a full stop at stop signs and riding in the same direction as traffic,” Goldberg advises “Use bike lanes if they are available, and don’t ride side-by-side on busy roads.”

He says all cyclists must know how to use hand signals to indicate turns and stops, and always be aware of the vehicle traffic around them.

According to the Canadian Automobile Association (CAA), cycling has been increasing in popularity since the COVID-19 pandemic began early in 2020.

The Association states that an average of 74 Canadians die in cycling collisions each year, with 73 per cent of those involved a collision with a motor vehicle.

“Road safety rules may not have been respected in approximately one in three cycling fatalities,” the CAA states.

It adds that areas where cycling is more prevalent tend to have lower rates of bicycle-related collisions and fatalities and that most cycling accidents occur between 4 and 8 p.m., during rush hour and as it gets dark.

“It is also a good idea for cyclists to wear bright or reflective clothing, especially in low light conditions, such as early morning or late,” Goldberg says. “Students under 18 must wear a helmet. That is the law.”

Older students who want to ride an e-scooter to school first have to determine how their municipality regulates those vehicles, he says.

“In Mississauga, for example, a bylaw states that scooters can be ridden on public roadways with a posted speed limit of up to 50 km/h,” says Goldberg. “But they cannot be on the sidewalk, other than to cross it.”