Who Can You Sue If You Are Hit by a Car as a Pedestrian in Ontario?
- 3 days ago
- 4 min read
Last Updated April 2026
If a car hits a pedestrian in Ontario, the injured person may be entitled to medical and income replacement benefits through auto insurance and may also be able to bring a lawsuit against the at-fault driver or other responsible parties.
In most cases, the pedestrian can sue the driver who hit them, but other parties may also be responsible depending on the circumstances.
What happens next depends on how the accident occurred, the severity of the injuries, and who is legally responsible.
What happens when a pedestrian is hit by a car in Ontario?
Pedestrian accidents often result in serious injuries, including head injuries, fractures, and long-term impairment. In many cases, emergency services attend the scene and the injured person is taken to hospital for treatment.
From a legal perspective, two separate processes may follow:
a claim for no-fault Accident Benefits through auto insurance
a potential lawsuit against the party or parties responsible for the accident
While benefits may be available regardless of fault, a lawsuit depends on who is legally responsible for the incident. These accidents frequently involve significant injuries and long-term consequences, which can make both the medical and legal aspects of the claim more complicated.
Who can you sue if you are hit by a car as a pedestrian?
In most cases, a pedestrian who is injured in a collision can bring a claim against the at-fault driver. However, depending on how the accident occurred, there may be more than one legally responsible party.
The driver of the vehicle
The primary claim is usually against the driver who struck the pedestrian.
In Ontario, the law starts with a presumption against the driver when a pedestrian is hit. This comes from section 193 of the Highway Traffic Act and is commonly referred to as a reverse onus.
In practical terms, once it is established that a driver struck a pedestrian:
the driver must show they exercised reasonable care
the driver must show the collision could not have been avoided
In other words, the driver must explain why the collision was not their fault.
Because of this, the driver is typically the primary defendant in pedestrian accident claims. However, depending on the circumstances, other parties may share responsibility.
The owner of the vehicle
Often the owner of the vehicle will be legally responsible, even if they were not driving at the time of the collision.
This may arise where:
the driver had permission to use the vehicle
the vehicle was entrusted to someone who should not have been driving
An employer or company
If the driver was working at the time of the accident, their employer may also be vicariously liable.
For example:
delivery drivers
commercial vehicle operators
employees driving as part of their job
In these cases, liability may extend beyond the individual driver.
Other drivers
Some pedestrian accidents involve more than one vehicle.
For example:
one driver may create a situation that leads to the collision
multiple vehicles may contribute to how the accident occurs
In these situations, more than one driver may share responsibility.
A municipality or road authority
In certain cases, a municipality may be responsible for a pedestrian accident. This may arise where the accident was caused or contributed to by:
unsafe road design
inadequate lighting
missing or poorly placed signage
dangerous or poorly maintained intersections
For example, a poorly designed intersection, inadequate lighting, or a missing pedestrian crossing may contribute to how the accident occurred. These claims are complicated and potentially subject to strict notice requirements.
Why more than one defendant may be necessary in serious cases
In pedestrian accident claims involving significant injuries, it may be necessary to pursue claims against more than one party.
Serious injuries often result in substantial damages, including long-term care needs and income loss. In some cases, the insurance coverage available to a single driver may not be sufficient to fully compensate the injured person.
As a result, identifying and pursuing all potentially liable parties can be an important to ensure adequate compensation is available.
What if more than one party is responsible?
In some cases, responsibility is not limited to a single party. Pedestrian cases often involve shared liability.
More than one party may be responsible for the accident, and the court may assign a percentage of fault to each.
This can include:
multiple drivers
a driver and a municipality
a driver and the pedestrian
What if the pedestrian was partially at fault?
Even if a pedestrian is found partly responsible, they may still be able to bring a claim, but their compensation will be reduced proportionately with their degree of fault.
For example:
25% fault results in a 25% reduction in damages
50% fault results in a 50% reduction
If you were crossing outside of a crosswalk, you can read more about your rights in our guide on whether you can still bring a claim if you were jaywalking.
How is fault determined in pedestrian accident cases?
Liability 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
In Ontario, the law starts with a presumption against the driver when a pedestrian is struck, but this can be rebutted.
For a more detailed explanation, see our guide on who is at fault in a pedestrian accident in Ontario.
Representation for pedestrian accident claims
We represent individuals injured in pedestrian accidents across Ontario, including in Brampton, Milton, and Mississauga.
If you are looking for more information about pedestrian accident claims in your area, you can learn more about your rights and options on our local pages for those communities.
Final point
If you are hit by a car as a pedestrian in Ontario, you may have a claim against one or more parties depending on how the accident occurred.
While the driver is often the primary defendant, liability can extend to other parties in certain circumstances. Determining who can be sued, and how responsibility should be allocated, depends on a careful assessment of the evidence and the circumstances of the crash.
