What Happens If a Car Hits a Pedestrian in Ontario?

By Lane Foster, Personal Injury Lawyer

A pedestrian accident is not handled like a simple vehicle damage claim. The injured person may need treatment funding immediately, while the driver’s insurer may already be looking for a way to blame the pedestrian.

Ontario law provides pedestrians with a legal advantage. A driver who hits someone walking on the road does not get to end the case by saying, “I didn’t see them.” Under section 193 of Ontario’s Highway Traffic Act, the driver and owner often have to prove the injury did not arise from negligence or improper conduct.

The first few days are about more than opening an insurance file. Video needs to be preserved. Witnesses need to be identified. The police file needs to be obtained. The pedestrian’s injuries should to be documented before the insurance company forms their perception of the case.

For legal help after a serious pedestrian collision, visit our page for Ontario pedestrian accident lawyers.

What Happens Right After a Pedestrian Is Hit by a Car?

After a car strikes a pedestrian, they are usually taken to the emergency room of a hospital. Police, paramedics, and firefighters may attend. The driver may be questioned. Witness names may be collected. In a serious collision, police may close the area while they investigate.

The insurance process also starts quickly. The pedestrian may need accident benefits for treatment, rehabilitation, income replacement, attendant care, or help at home. At the same time, the driver’s insurer may start reviewing anything that could shift blame onto the pedestrian.

The insurer will try to focus on ifthe pedestrian crossed outside a crosswalk, entered the road suddenly, wore dark clothing, used headphones, looked at a phone, crossed against a signal, or failed to see the vehicle. Some of those facts can affect the case but they do not erase the driver’s duty to drive carefully.

A serious pedestrian accident is treated as an evidence case from the beginning. Surveillance footage can disappear. Dashcam video can be overwritten. Witnesses can become hard to find. Skid marks, debris, clothing, shoes, vehicle damage, and the point of impact may all tell part of the story.

Can a Pedestrian Claim Accident Benefits in Ontario?

Yes. A pedestrian hit by a car in Ontario can claim Statutory Accident Benefits through the auto insurance system.

These benefits are governed by Ontario’s Statutory Accident Benefits Schedule, often called the SABS. They are not limited to drivers and passengers. They also apply to pedestrians injured in motor vehicle accidents.

Fault does not impact the accident benefits claim. A pedestrian still receives benefits even if the driver says the pedestrian crossed outside a crosswalk, stepped into the road suddenly, or shares some responsibility.

Accident benefits pays for treatment, rehabilitation, income replacement, attendant care, case management, and other accident-related expenses, depending on the injuries and available coverage.

This is the first source of help after the crash. The lawsuit against the driver take slonger. Accident benefits can fund recovery while the fault dispute is being investigated.

What If the Pedestrian Does Not Own a Car?

A pedestrian does not need to own a car to have an insurance claim. The question is which insurer has to respond.

If the pedestrian has their own auto policy, that insurance company will handle the accident benefits claim. If not, the claim may go through a household family member’s auto policy. If no household policy applies, the claim may go to the insurer for the vehicle that hit the pedestrian.

If no insurance is available, Ontario’s Motor Vehicle Accident Claims Fund may become the last-resort option.

This is where people make the wrong assumption. They think, “I was walking, so I do not have car insurance.” That is not the case.

Can a Pedestrian Sue the Driver Who Hit Them?

Yes, the pedestrian may sue the driver and vehicle owner.

The accident benefits claim and the lawsuit are different. Accident benefits provide insurance support after the collision. The lawsuit is about proving fault and recovering the losses that benefits do not fully cover.

A pedestrian lawsuit includes claims for damages for pain and suffering, income loss, loss of future earning capacity, future care, housekeeping losses, out-of-pocket expenses, and claims by close family members.

In serious pedestrian cases, the largest losses do not show up in the first week. A person may need surgery, months of rehabilitation, psychological treatment, mobility aids, help at home, job retraining, or long-term income support. A fracture, brain injury, spinal injury, pelvic injury, chronic pain condition, or psychological injury can change the person’s work and daily life long after the police investigation is finished.

Is the Driver Automatically at Fault for Hitting a Pedestrian?

No. A driver is not automatically at fault just because the vehicle hit a pedestrian.

But the driver has a serious legal problem. Section 193 of Ontario’s Highway Traffic Act creates a reverse-onus rule for pedestrian injury claims. In plain language, the driver and owner often have to prove the pedestrian’s injuries were not caused by negligent or improper driving

This means the driver needs to provide speed, lookout, braking, traffic signals, lighting, weather, distraction, turning movements, and whether the pedestrian was visible before impact.

“I didn’t see them” is not a defence. Often the admission will end up hurting the driver. If the pedestrian was there to be seen, failing to see them may show poor lookout.

What If the Driver Says the Pedestrian Came Out of Nowhere?

“Came out of nowhere” is one of the most common phrases after a pedestrian collision. Of course, people cannot come out of nowhere.

A pedestrian may seem to appear suddenly because the driver was not scanning the road, was moving too fast, was rushing a turn, was focused on traffic instead of the crosswalk, was looking at a phone, or failed to react to someone already visible.

The best pedestrian accident lawyers will ask more specific questions like: where was the pedestrian before impact? How far away could they be seen? What blocked the driver’s view? How fast was the vehicle moving? Where is the vehicle damage? Where did the pedestrian land? Did the driver brake? Was there video? What did independent witnesses say?

What Does the Insurance Company Look at After a Pedestrian Accident?

The insurance company will look at two main things at the beginning: fault and injury severity. On fault, the insurer will review the crossing location, traffic signal phase, road design, lighting, weather, clothing, visibility, vehicle speed, distraction, alcohol or drug use, dashcam footage, surveillance video, police notes, and witness statements.

The insurance company will review ambulance records, hospital records, imaging, family doctor notes, specialist referrals, treatment attendance, work absence, medication, physical limitations, psychological symptoms, and whether the injuries are resolving or becoming long-term.

That is why a pedestrian should not treat the file like neutral paperwork. The insurer is deciding whether to pay benefits, whether to blame the pedestrian, and how seriously to value the claim.

What If the Driver Leaves the Scene?

A hit-and-run does not leave the pedestrian without options.

The pedestrian is still able to access accident benefits through their own insurer, a household policy, the insurer for another involved vehicle, or Ontario’s Motor Vehicle Accident Claims Fund if no other insurance is available.

The evidence issue becomes more important urgent. Video may be deleted. Businesses may overwrite footage. Doorbell camera clips can disappear. Witnesses may leave without giving their names. Debris may be cleaned from the road.

The pedestrian or family should move quickly to preserve nearby business footage, residential camera footage, dashcam video, police information, vehicle debris, paint transfer, clothing, shoes, photographs, hospital records, and witness names. Police services do not always obtain all evidence possible.

The driver may be found later. If not, the insurance issues become more important.

What Injuries Are Common When a Car Hits a Pedestrian?

Pedestrian collisions often cause serious injuries because the person has no seatbelt, airbag, helmet, or vehicle frame protecting them.

Common injuries include fractures, concussions, traumatic brain injuries, spinal injuries, pelvic injuries, internal injuries, knee injuries, ankle injuries, shoulder injuries, scarring, chronic pain, anxiety, depression, and post-traumatic stress symptoms.

Some injuries are obvious at the scene. Others develop over days or weeks. A pedestrian may leave hospital without surgery planned, then later develop headaches, dizziness, memory problems, sleep disruption, nerve pain, back pain, balance problems, fear of traffic, or difficulty returning to work.

Important questions include: Can they work? Can they walk normally? Can they use stairs? Can they sleep? Can they drive? Can they care for children? Are they still in pain months later? Have they lost confidence leaving the house or crossing the street? Those answers are more important than the emergency room documentation.

What Should a Pedestrian Do After Being Hit by a Car?

Obtain medical care first. Be mindful of the fact that shock and adrenaline can hide symptoms at the scene.

After that try to obtain the police occurrence number. Keep the clothing and shoes worn during the collision. Save damaged glasses, phones, bags, or personal items. Look for nearby cameras. Get witness names and phone numbers. Track missed work, expenses, and help from family members.

Be careful with recorded statements. Adjusters may ask about crossing location, phone use, clothing colour, alcohol, whether the pedestrian looked both ways, whether they saw the vehicle, and whether they apologized at the scene. Those answers may be used later in the fault dispute.

The accident benefits claim should also be started through the correct insurer. Delay can create problems that did not need to exist.

What Compensation Can a Pedestrian Claim?

A pedestrian can have an accident benefits claim and a lawsuit. Accident benefits provide treatment funding, rehabilitation, income replacement, attendant care, and other support.

A lawsuit against the driver and vehicle owner can claim pain and suffering, income loss, reduced earning capacity, future care, housekeeping and home maintenance losses, out-of-pocket expenses, and family law claims by close relatives.

In serious cases, the strongest evidence often comes from treating doctors, specialists, occupational therapists, physiotherapists, psychologists, vocational experts, accountants, and future care experts.

What If the Pedestrian Is a Child?

Child pedestrian claims require extra care. They are often hit near schools, parks, bus stops, driveways, apartment buildings, intersections, and residential streets. A child may run, misjudge traffic, or act impulsively. That does not automatically excuse the driver. Drivers are expected to be alert in places where children are likely to be present.

The injury analysis takes longer. A child may look physically recovered but later struggle with headaches, concentration, school performance, sleep, anxiety, balance, pain, scarring, or activity restrictions.

A parent or litigation guardian usually advances the claim. Settlements for minors require court approval.

Should You Call a Lawyer After a Pedestrian Accident?

For a minor bruise with no missed work and no ongoing symptoms, a lawyer isn't needed.

A pedestrian should speak with a lawyer after a fracture, head injury, concussion symptoms, surgery, hospital admission, missed work, ongoing pain, psychological symptoms, disputed fault, a hit-and-run, or trouble starting accident benefits.

The early workis preserving evidence before it disappears, identifying the correct insurer, challenging unfair blame, and making sure the injury is properly documented.

FAQ About Pedestrians Hit by Cars in Ontario

Can a pedestrian get accident benefits in Ontario?

Yes. A pedestrian hit by a car in Ontario can claim accident benefits through auto insurance. These benefits apply regardless of fault and even if the pedestrian does not own a car.

Can a pedestrian sue the driver who hit them?

Yes. If the driver caused or contributed to the crash, the pedestrian can sue the driver and vehicle owner for damages, including pain and suffering, income loss, future care, and other losses.

Is the driver presumed at fault if they hit a pedestrian?

Ontario law often places the burden on the driver and owner to prove the pedestrian’s injuries were not caused by negligence or improper conduct. This gives pedestrians a major legal advantage, but it does not make every case automatic.

Can a pedestrian still sue if they were jaywalking?

Yes. Jaywalking affects fault, but it does not automatically defeat the claim. The driver may still be liable if speed, distraction, poor lookout, unsafe turning, or failure to react caused or contributed to the collision.

Who pays if the pedestrian has no car insurance?

The claim may go through a household auto policy, the insurer for the vehicle that hit the pedestrian, or Ontario’s Motor Vehicle Accident Claims Fund if no other insurance is available.

What should a pedestrian avoid after being hit by a car?

Avoid minimizing symptoms, delaying treatment, losing track of witnesses, assuming the driver’s version is accurate, or giving a broad recorded statement before understanding the claim. Early evidence can change the outcome.

Pedestrian Accident Claims Across Ontario

Foster Injury Law represents pedestrians with serious injury claims across Ontario.

For the main practice page, visit Ontario pedestrian accident lawyers.

We also have local information for injured pedestrians in Ottawa, Brampton, Richmond Hill, and Mississauga.

Speak With an Ontario Pedestrian Accident Lawyer

If a car hit you while you were walking, the insurance company may already be reviewing fault, coverage, medical records, and the seriousness of your injuries. You may have an accident benefits claim right away and a lawsuit against the driver if careless driving caused the collision.

Foster Injury Law helps injured pedestrians and their families with serious accident claims across Ontario. Contact us for a free consultation.