Pedestrian Accidents and Car Accident Law in Ontario: Legal Rights and Compensation Options

Pedestrian accidents can result in serious injuries, overwhelming medical costs and lasting trauma. If you've been hit by a vehicle in Ontario, you may feel unsure about what your legal rights are, who is liable, or how to begin the claims process. This post explores the key aspects of pedestrian accident claims under car accident law, including how liability is determined, the role of insurance and the legal steps available to pursue compensation.

Common Causes of Pedestrian Accidents

Pedestrian accidents often occur due to driver negligence or unsafe road conditions. Common scenarios include:

• Distracted or impaired driving
• Speeding, especially in residential zones
• Failing to yield at crosswalks or intersections
• Weather-related visibility issues
• Poorly designed or maintained pedestrian pathways

Ontario’s roads are governed by strict rules designed to protect both drivers and pedestrians. However, when a driver fails to uphold these responsibilities, the consequences can be devastating for the pedestrian involved.

Who is Liable in a Pedestrian Accident?

Under Ontario’s car accident law, there is a reverse onus in pedestrian accidents. This means the driver is presumed at fault unless they can prove otherwise. This legal structure offers significant protection to pedestrians, shifting the burden of proof to the driver.

However, this does not mean the pedestrian is never scrutinized. If the pedestrian was jaywalking, distracted or impaired, this could influence the final liability determination, potentially reducing the compensation through a concept called contributory negligence.

What Insurance Covers in Pedestrian Accidents

Ontario’s no-fault insurance system ensures that pedestrians injured by a motor vehicle can access Statutory Accident Benefits (SABs) regardless of who is at fault. These benefits may include:

• Medical and rehabilitation expenses
• Income replacement
• Attendant care benefits
• Non-earner benefits (if not working at the time)

In addition to these no-fault benefits, you may be eligible to pursue a tort claim against the at-fault driver for damages not covered under SABs, such as:

• Pain and suffering
• Future loss of income
• Loss of enjoyment of life
• Out-of-pocket expenses
  

Steps to Take After a Pedestrian Accident

If you've been hit by a vehicle, it’s crucial to take the right steps to protect your rights and build a strong case:

1. Seek medical attention immediately, even if injuries seem minor.
2. Report the accident to police and obtain a report number.
3. Collect evidence, including witness statements, photos, dashcam footage and driver information.
4. Notify your insurance company to apply for accident benefits.
5. Consult a car accident lawyer to understand your legal options and timelines.

There are strict limitation periods for filing claims in Ontario. For example, tort claims must typically be initiated within two years of the accident date.

How Can a Car Accident Lawyer Help?

At Aaron Waxman and Associates, P.C., our team is well versed in car accident law and has extensive experience helping injured pedestrians pursue the compensation they deserve. We understand how overwhelming the legal and insurance processes can be, especially when recovering from a serious injury.

We provide:

• Clear guidance on your legal rights and compensation options
• Skilled negotiation with insurance companies
• Support for both accident benefits and tort claims
• No fees unless we win your case

We’re committed to ensuring your voice is heard and your recovery is supported — legally, financially and emotionally.

Conclusion

Pedestrian accidents can lead to serious injuries and complex legal challenges. Understanding your rights under Ontario’s car accident law is essential to securing the compensation and support you need to recover.

If you've been hit by a vehicle, we can help. Our team provides clear legal guidance and strong representation to ensure you get the benefits and compensation you deserve. Contact Aaron Waxman and Associates, P.C. today for a free consultation.