There was the moment – I cannot measure it in time – of a world ajar, of a man aghast. I certainly thought quickly enough to consider the idea “I am going to be run down and probably killed.” Then came the blow. I felt it on my forehead and around the thighs. But besides the blow there was an impact, a shock, a concussion indescribably violent. … I do not understand why I was not killed. … I certainly must be very tough or very lucky, or both.

-Winston S. Churchill “New York Misadventure” Daily Mail, January 5, 1932

There is simply no contest between a pedestrian and an automobile. When drivers disregard the rules of the road, the consequences are grave. According to the Ontario Trauma Registry Report for 2009, of all deaths caused by motor vehicles, pedestrians account for approximately 1/3. According to the National Trauma Registry Analytic Bulletin for 2004, across Canada, 77.3% of pedestrians suffer fractures, and 28% suffer head injuries. On average, pedestrians are admitted to hospital for 13 days.

77.3% of pedestrians suffer fractures, and 28% suffer head injuries. On average, pedestrians are admitted to hospital for 13 days

In Barbeau v. Ruchetta, Tim Boland and Darcy Romaine were successful in a 3 week jury trial in representing Ms. Barbeau, a pedestrian who was struck when crossing the street, and who suffered a devastating ankle fracture. She was hospitalized and underwent surgery, but the bone became necrotic (dead) and required an osteotomy of her distal tibia (removal of the lower 2 cm” of her shin with the subsequent fusion of her ankle). Ms. Barbeau was pushing herself to work full time. The defense argued she could keep working to normal retirement. The jury accepted our argument that Ms. Barbeau should only work part-time.

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