Ontario Pedestrian Accident Lawyers
Pedestrian accidents are among the most serious types of personal injury claims in Ontario. Unlike occupants of vehicles, pedestrians have no protection at the moment of impact, and even low-speed collisions can result in traumatic brain injuries, spinal cord damage, or other life-changing harm.
Under Ontario law, these cases are also treated differently than most other motor vehicle accidents. The law begins with a presumption that the driver is at fault, meaning injured pedestrians may have strong legal claims even where the circumstances of the accident are disputed.
Foster Injury Law is able to represent individuals across Ontario who have been seriously injured as pedestrians. We focus on complex injury cases involving long-term impairment, significant medical treatment, and ongoing care needs.
If you have been injured, you can contact our firm's Ontario personal injury lawyers for a free consultation to better understand your legal options.
Who Is at Fault in a Pedestrian Accident in Ontario?
Ontario law treats pedestrian motor vehicle claims differently from other ordinary negligence claims. Under section 193 of the Highway Traffic Act, when a pedestrian is injured by a motor vehicle, the driver generally has the burden of proving that the loss or damage did not arise through the driver’s negligence or improper conduct.
Pedestrian crash lawyers often refer to this concept as a "reverse onus". The reverse onus does not mean the pedestrian automatically wins the case, and it does not prevent an insurance company from arguing that the pedestrian shares fault. However, it does mean the legal starting point is different - and more in favour of the pedestrian.
Fault in a pedestrian accident depends on the full context of the collision. Important facts can sometimes include if the driver was turning, speeding, distracted, failing to yield, approaching a crosswalk, backing out of a driveway, entering a parking lot, or driving in poor lighting or weather conditions. The pedestrian’s actions can also be reviewed, including where they crossed, whether there was a traffic signal, and whether the insurer argues they entered the roadway unexpectedly.
Even if an insurance company does allege that a pedestrian was partly responsible, that does not end the claim. Ontario pedestrian accident cases often involve a detailed assessment of shared fault, available accident benefits, the seriousness of the injuries, and whether the driver, another road user, a municipality, or another party contributed to the collision.
What Is a Pedestrian Accident Claim?
Pedestrian accident claims are cases where someone on foot is struck by a motor vehicle, cyclist, or other roadway user. These incidents commonly occur in:
Crosswalks and controlled intersections
Parking lots and commercial properties
Residential streets and school zones
Road shoulders and sidewalks
Pedestrian accident cases are assessed differently than many other injury cases because the legal analysis often begins with a presumption against the driver.
Can You Still Bring a Claim if You Were Jaywalking?
Yes. In many cases, injured pedestrians will still have a valid claim even if they were crossing outside of a marked crosswalk (jaywalking).
Ontario law does not automatically bar recovery simply because a pedestrian was partially at fault. Instead, the court may apply principles of contributory negligence, meaning compensation can be reduced based on the degree of responsibility assigned to each party.
This means that even where fault is disputed, injured pedestrians may still be entitled to compensation for their injuries, medical treatment, and financial losses.
How Pedestrian Accident Claims Are Investigated in Ontario
Pedestrian accident claims often depend on evidence that can disappear quickly. In serious cases, it can be important to preserve police records, witness information, traffic-signal timing, intersection design evidence, dash-camera footage, surveillance video from nearby businesses, photographs of the collision scene, and evidence of lighting, weather, visibility, and vehicle damage.
If a commercial vehicle, bus, delivery vehicle, or truck is involved, additional records can become important, including company documents, route information, maintenance records, driver training materials, telematics, or vehicle data where available. In some of these cases, the condition of the roadway, sightlines, pedestrian clearance timing, signage, or snow and ice maintenance can also raise questions about whether there could be municipal or occupier responsibility.
This evidence can help address the issues that insurance companies commonly raise, including whether the driver kept a proper lookout, whether the vehicle was being driven at a safe speed, whether the pedestrian was visible, whether the pedestrian was alleged to have crossed outside a crosswalk, and whether fault should be shared.
Common Causes of Pedestrian Accidents
Pedestrian accident cases often involve:
Drivers failing to yield at crosswalks
Distracted or inattentive driving
Speeding in urban or residential areas
Left-turn collisions at intersections
Reduced visibility, including nighttime conditions
Many serious collisions occur at intersections or while turning, where drivers fail to properly observe pedestrians in their path.
Where Pedestrian Accidents Commonly Occur
Pedestrian accidents in Ontario frequently occur in high-traffic environments where vehicle and foot traffic intersect. In larger centres such as Mississauga, Vaughan, and Brampton, many collisions happen at busy intersections, during left-turns, or along multi-lane arterial roads.
In growing regions such as Vaughan, Richmond Hill, and Barrie, pedestrian accidents are particularly common near commercial plazas, residential developments, and roadways experiencing increased traffic volume.
Across Ontario, these incidents frequently occur in:
Marked and unmarked crosswalks
Busy intersections and turning lanes
Parking lots and commercial properties
Residential neighbourhoods and school zones
Serious Injuries in Pedestrian Accident Cases
We focus on serious and complex injury claims. Pedestrian accidents frequently result in:
Traumatic brain injuries (TBI)
Spinal cord injuries and paralysis
Severe orthopedic injuries and fractures
Internal injuries and organ damage
Injuries to children
Catastrophic injuries
Amputations
Wrongful death
Psychological trauma, including PTSD
Many clients require long-term treatment, rehabilitation, and ongoing support. In more severe cases, individuals may meet the criteria for catastrophic impairment under Ontario’s accident benefits system.
If you want to better understand how serious injuries are assessed, you can review our catastrophic impairment guide.
Pedestrian Accident Cases We Handle
Our firm is capable of handling a range of pedestrian accident incidents across Ontario, including:
Crosswalk and intersection collisions
Hit-and-run pedestrian accidents
Parking lot and commercial property incidents
Accidents involving children or vulnerable pedestrians
Low-speed collisions resulting in serious injury
Collisions involving trucks or public transit vehicles
Accident Benefits for Pedestrian Injuries in Ontario
Pedestrians injured in Ontario are typically eligible for Accident Benefits through an auto insurance policy, even if they do not own a vehicle.
These benefits may include:
Medical and rehabilitation expenses
Attendant care
Income replacement benefits
Housekeeping and home maintenance (in certain cases)
Starting July 1, 2026, Ontario’s Statutory Accident Benefits system changes for new and renewing auto insurance policies. Medical, rehabilitation, and attendant care benefits remain mandatory, while several other benefits that were previously standard become optional. This can affect the insurance analysis after a pedestrian collision, especially where the injured pedestrian does not own a vehicle or is relying on a policy purchased by someone else.
Pedestrians injured by motor vehicles still have access to mandatory accident benefits, even if they were not driving and do not own a vehicle. The trickier issues are which insurer is responsible, whether optional benefits are available, and how the available accident benefits interact with the lawsuit against an at-fault driver.
Can You Sue After a Pedestrian Accident?
In addition to Accident Benefits, injured pedestrians may pursue a lawsuit against the at-fault driver. Lawsuits, also known as tort claims, can include compensation for:
Pain and suffering
Loss of income and future earning capacity
Cost of future care
Loss of enjoyment of life
Pedestrian accident claims often involve both Accident Benefits and a tort claim, and may be subject to Ontario’s statutory deductible and serious impairment threshold requirements.
Why These Cases Require Experience
Pedestrian accident claims often involve complex medical evidence and long-term financial implications. Our firm is frequently consulted on serious pedestrian accident cases involving significant injuries and ongoing care needs.
We work with medical professionals, rehabilitation specialists, and other experts to properly assess and advance these claims.
Serving Clients Across Ontario
Our Ontario personal injury lawyers can represent clients throughout the province, including clients in the Greater Toronto Area, York Region, Durham Region, Waterloo Region, and Simcoe County.
Pedestrian accident claims arise throughout Ontario, including in major urban centres where traffic volume, intersection density, transit stops, school zones, and commercial plazas can increase the risk of serious collisions. For local pedestrian accident information, the following city-specific resources supplement this Ontario pedestrian accident guide:
Free Consultation
If you have been injured as a pedestrian, you can contact Foster Injury Law for a free consultation. We can explain your rights, the benefits available to you, and whether you may have a viable claim.
FAQ
How do I find the best pedestrian accident lawyer in Ontario?
The top pedestrian accident lawyers are those with experience handling serious injury claims, particularly cases involving brain injuries, spinal cord damage, and long-term impairment. It is important to choose a lawyer who understands both Accident Benefits and litigation.
What should I do after being hit as a pedestrian?
You should seek medical attention immediately, report the accident to police, and document as much information as possible. It is also important to speak with a lawyer before dealing extensively with insurers.
Can pedestrians be at fault for an accident?
Yes, either partially, or potentially even fully in unique cases. However, drivers are generally held to a high standard of care, and many pedestrian claims proceed successfully even where liability is disputed.
How much compensation can you get for a pedestrian accident in Ontario?
Compensation depends on the severity of injuries, the impact on your life, and the available evidence. Cases involving long-term impairment or significant functional limitations typically result in higher compensation.
Complete this form and someone from our office will contact you to arrange a free consultation. We work on a contingency basis, meaning you do not have to pay unless we resolve your claim successfully.
Contact Us
