Can You Still Bring a Claim If You Were Jaywalking in Ontario
- 9 hours ago
- 4 min read
Last Updated April 2026
Yes, you can still bring a claim even if you were jaywalking in Ontario. Being outside of a crosswalk does not automatically prevent you from recovering compensation.
Fault in Ontario pedestrian accident cases is not determined solely by where a person was crossing. Instead, liability is assessed based on what both the driver and the pedestrian did, and whether the collision could have been avoided.
Can you sue if you were jaywalking in Ontario?
Yes. A pedestrian who is hit while jaywalking can still be able to sue and recover compensation.
Many injured pedestrians assume that crossing outside a crosswalk means they have no legal claim. That is not how the law works in Ontario.
Pedestrian accident claims are assessed based on:
the actions of the driver
the actions of the pedestrian
whether reasonable care was exercised
whether the collision could have been avoided
Even if a pedestrian made a mistake, they may still have a valid claim.
Why you may still have a claim even if you were jaywalking
In Ontario, when a driver strikes a pedestrian, the law starts with a presumption that the driver was negligent.
This rule comes from section 193 of the Highway Traffic Act and is commonly referred to as a reverse onus.
In practical terms:
the driver must show they acted reasonably
the driver must show the collision could not have been avoided
the pedestrian does not have to prove fault in the usual way
In other words, the driver must explain why the collision was not their fault.
This legal framework applies even where the pedestrian was not in a crosswalk.
What if you were not in a crosswalk?
A common misconception is that a pedestrian who is not in a crosswalk is automatically at fault. That is not the law in Ontario.
Even when a pedestrian is crossing mid-block or outside a designated crossing, the presumption against the driver still applies.
For example:
a pedestrian may still be visible in the roadway
a driver may still have time to react
road or traffic conditions may require increased attention
A driver may still be at fault if they were speeding, distracted, or failed to keep a proper lookout.
Being outside a crosswalk is a factor, but it is not determinative.
Example: hit while crossing mid-block
A pedestrian crosses a multi-lane road between intersections at dusk. A driver approaches and continues without slowing, striking the pedestrian.
Even though the pedestrian was not in a crosswalk, evidence may show that:
the pedestrian was visible
the driver had time to react
braking or evasive action was possible
In this situation, the pedestrian may still have a valid claim, and the driver may be found primarily at fault or share responsibility.
Can fault be shared in jaywalking cases?
Yes. Ontario law does allow for shared responsibility through the doctrine of contributory negligence.
A pedestrian may be found partially at fault if they:
stepped into traffic suddenly
failed to observe approaching vehicles
crossed in unsafe or low visibility conditions
At the same time, a driver may still be partially at fault if they failed to exercise reasonable care. Courts will assign a percentage of responsibility to each party based on what occurred.
What happens if you are partially at fault?
If a pedestrian is found partially at fault for an accident, their compensation is reduced proportionally based on their share of responsibility.
For example:
25% fault results in a 25% reduction in damages
50% fault results in a 50% reduction
Partial fault does not prevent you from bringing a claim. It only affects the amount of compensation you may recover.
Example: stepping into traffic suddenly
A pedestrian steps into the roadway from between parked vehicles, leaving a driver with limited time to react. The driver is travelling at an appropriate speed but cannot avoid the collision.
In this case:
the pedestrian may be found partially at fault
the driver may still share responsibility
compensation may be reduced, but not eliminated
How fault is determined in jaywalking cases
Whether you can bring a claim depends on how fault is assessed based on the evidence.
Courts will typically consider:
whether the driver maintained a proper lookout
the speed and actions of the driver
visibility and lighting conditions
whether the pedestrian was visible before impact
whether the collision could have been avoided
The key issue is whether the driver had a reasonable opportunity to avoid the collision.
Understanding how fault is assessed
Jaywalking cases are part of a broader legal framework that governs pedestrian accident liability in Ontario, including the presumption against the driver and the possibility of shared fault.
For a more detailed explanation of how liability is assessed, see our guide on who is at fault in a pedestrian accident in Ontario.
Final point
Being hit while jaywalking does not automatically mean you cannot bring a claim. Many successful pedestrian accident claims involve situations where the pedestrian was not in a crosswalk.
The outcome depends on the specific facts of the case, including what the driver did and whether the collision could have been avoided.
