Who's to blame? A special report
The range of excuses is about as wide as a City Centre intersection.
"The sun was in my eyes."
"She came out of nowhere."
"He was listening to his iPod."
"My windows were frosty."
These are just a sample of the explanations given in local courtrooms in recent years by drivers attempting to justify why they struck a pedestrian.
But, in the aftermath of what was the deadliest year on record for pedestrians on Mississauga roads, Peel Regional Police Sgt. Craig Wattier, who runs the force's Major Collision Bureau, said there is one common thread among the reasons
"The overwhelming excuse is, 'I didn't see him or her,' which I find surprising," he said in an interview with The News. "Just because the pedestrian is doing something illegal or unwise, that doesn't mean the motorist is absolved of responsibility. The driver has a legal obligation to drive with care."
Last year, of the 20 fatal traffic collisions in Mississauga, nine of the victims were pedestrians, according to Peel Police statistics. In 2010, it was six of 17; in 2009, five of 15; in 2008, six of 13; in 2007, eight of 19; in 2006, seven of 18.
"I can't deny that in the last five years, that (2011) is the worst year as far as pedestrian fatals go," Wattier said.
So far, in the first two months of 2012, Peel Police have investigated 58 pedestrian/vehicle collisions in Mississauga and Brampton. That's almost one a day.
This year, there have been three pedestrian fatalities in Peel, one of which took place in Mississauga. It occurred March 4, when Caterina Lavecchia, 71, was walking home from church with a friend around 10 a.m. in the Central Parkway Mall parking lot, near Central Pkwy. E. and Burnhamthorpe Rd. E. She was struck by a 2001 Hyundai Santa Fe being driven by a 79-year-old Mississauga man.
The driver has been interviewed by police, but investigators have yet to determine if charges will be laid.
Lavecchia leaves behind her husband of 51 years, Nicola, along with four children and four grandchildren. She was an avid church-goer and loved to cook, her children said.
Wattier and other safety experts said there are a number of reasons for the increase in pedestrian fatals. The main one is that Mississauga continues to grow in population.
Based on data released last month by Statistics Canada, the latest census numbers show that 713,443 people call Mississauga home, an increase of 44,844 from the last count in 2006.
"Mississauga's more dense. You have more pedestrians," Wattier said. "You have more areas that lend themselves to pedestrian traffic and, generally, the more pedestrian traffic you have, the more collisions are going to occur."
York Regional Police statistics show 10 pedestrians died in York in 2010, an increase from seven in each of 2009 and 2008.
Last year in Toronto, 18 pedestrians were killed, down from the 20 in 2010.
Brian Patterson, president of the Ontario Safety League, said all the deaths were "completely preventable."
"It only takes a few seconds of distraction on the part of either the pedestrian or the driver to lead to the problem," he said.
Patterson pointed to a combination of factors for the rash of recklessness — less daylight, impaired visibility from salt-covered windshields, mild weather spurring faster driving, and growing inattentiveness by both drivers and pedestrians.
Mohammed Cansai, for example, was hit while crossing one of Mississauga's busiest intersections, Hurontario St. and Burnhamthorpe Rd., last fall. He sustained a bruised thigh and several cuts and scrapes.
He takes full responsibility, saying he was chatting on his phone and didn't notice the advance green for oncoming vehicles.
"I was a fool. No question," said the 22-year-old University of Toronto student.
Ward 10 Councillor Sue McFadden said speeding is a constant complaint in her ward. Drivers and pedestrians must share the blame for the spike in pedestrian deaths, she said.
"There have been way too many pedestrian fatalities in Mississauga. As much as we want to always blame the drivers we have to also be aware that some of the pedestrians are crossing mid-block, not crossing at the lights or crosswalks," McFadden said. "I would like to see tickets handed out to pedestrians that do not obey the traffic laws.
"Of course, we are seeing an increase in speeding as well as running of amber and red lights, rolling through intersections and not giving pedestrians the right of way."
Peel Region and the City of Mississauga have installed several pedestrian countdowns at signalized intersections, increased pedestrian crossing time and launched public education campaigns. Peel has also painted white lines at some of the busy intersections and pedestrian crosswalks region-wide.
While studies have shown the lines, also known as zebra stripes, can reduce the number of vehicle-pedestrian crashes, particularly when a vehicle is making a right-hand turn, McFadden notes crashes still occur.
"I have them at all my schools areas but that still doesn't help the problem. I have seen mothers crossing (against) four lanes of traffic with a child in a stroller."
Wattier said that in the majority of cases police are unable to interview the pedestrians because they're deceased.
He said there are typically a few cases annually where his officers don't charge drivers involved in collisions with pedestrians.
"It's rare to get a true accident," he said. "In the vast majority of cases, somebody has made a mistake."
Henrietta Bushey, 61, is a rare case for the Major Collision Bureau because she is a living victim. The Etobicoke woman was left for dead last Dec. 8 at a Lakeview intersection.
The driver of the SUV that struck her remains at large. Police haven't received a single tip as to the motorist's whereabouts.
"He left me in the road; he just left me in the road," said Bushey, who's still recovering at home from a fractured leg and numerous facial injuries after she was hit while crossing the street at Lakeshore and Dixie Rds.
Bushey, a mother and grandmother, was walking to work and was only minutes away from Grohe Canada, where she works as an assembler, when she was struck at about 5:45 a.m.
She said a "Good Samaritan" stopped, helped her, and called 9-1-1.
"If there had been no one there to help me, maybe another car would have struck me and I wouldn't be here right now," she said.
Meanwhile, other victims never had a chance to share their story.
Alison Weeks, 42, of Mississauga, was struck and killed last July 19 by one of two cars that went airborne in a crash near Credit Valley Hospital. Weeks was one of two people at the intersection waiting for the light to change. Agnes Turley, 65, of Milton, has been charged with making an unsafe turn. Her case is still before the courts.
There have also been cases where family members of fatal pedestrian victims say justice haven't been served.
Roman Iwasjuk was acquitted of careless driving when his car struck and killed Wilson Leung, a prominent member of Mississauga's Chinese community, in 2009.
Iwasjuk, 42, testified that the sun was in his eyes and his windows were frosted that fateful morning on Jan. 26 as he turned onto Treadwells Dr. in the city's east end. When his view was blocked by the sunlight, Iwasjuk said, he slowed down his silver Acura fearing he was going to "hit something," court heard.
It was while he was slowing down that he struck the victim on the road.
Police testified Iwasjuk's car was going about 26 kilometres an hour when the crash occurred. Leung hit the windshield and was then catapulted 10 feet into a snowbank, according to Crown witnesses.
Leung and his wife were walking southbound on Treadwells Dr. The sidewalk wasn't designated for immediate clearing after a snowstorm. The woman wasn't injured.
Justice of the Peace Hilda Weiss conceded that Iwasjuk made a "serious error in judgment" that morning, but ruled it didn't constitute careless driving as the driver took steps to avoid a potential tragedy.
"Given the circumstances of that day, I'm not convinced any other driver would have reacted much differently," she said in her decision.
Leung's son, Jim Leung, said he was disappointed the ruling.
"I thought (the justice of the peace) would have focused more on the frosted windows and not so much on the standard of care while driving in sunlight," he said. "We were looking for a different result."
Leung and his wife had two children and five grandchildren. He immigrated here from Hong Kong and worked for Etobicoke Hydro for 25 years. He was a tireless volunteer for the Mon Sheong Foundation, a Toronto charitable organization dedicated to the promotion of Chinese culture, heritage, language and philosophy. Leung, a former member of the Mississauga Chinese Business Association, organized numerous fundraisers in the city for the Foundation.
Wattier and his officers are also concerned with the "disproportionate" number of elderly pedestrians being killed. Last year, six of the 13 pedestrians killed in Mississauga and Brampton were aged 65 and over. In 2010, it was four of 10.
"Older people tend to have reduced senses, reduced reflexes," Wattier said.
Wattier is pleased that so far this year the numbers are down. He and Patterson said many factors account for the early decline: enforcement, engineering, public awareness and education.
Drivers need to be aware that pedestrians are "a very real part of our society," he said.
Drivers must pay extra attention and look for pedestrians at all times. In poor lighting or adverse weather, drivers must modify their driving to ensure they are able to see pedestrians.
Pedestrians must also remember to take a defensive approach and not assume they can just walk out into traffic because they have the right of way, Wattier said.
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