What Are the Rights of a Pedestrian Injured in an Accident?
Pedestrian accidents can happen suddenly and leave lasting physical, emotional, and financial consequences.
If you’ve been hit by a vehicle while walking in Ontario, it’s important to know that the law offers you significant protections, and that you may be entitled to compensation for your injuries.
Pedestrians Have the Right of Way in Many Situations
While not all pedestrian accidents involve a driver who is at fault, Ontario law generally places a high duty of care on drivers. At marked crosswalks, intersections, and many unmarked crosswalks, drivers are legally required to yield to pedestrians. When drivers fail to do so—by speeding, being distracted, or ignoring traffic signals—and someone gets hurt, they may be held liable for the harm caused.
The “Reverse Onus” in Ontario
Ontario’s Highway Traffic Act contains a unique provision that benefits injured pedestrians. In most motor vehicle accidents, the person bringing the legal claim must prove that the other party was at fault. But when a pedestrian is struck by a vehicle, the burden shifts to the driver. This means the driver must prove they were not negligent and that they acted with reasonable care under the circumstances.
This reverse onus provision reflects the vulnerability of pedestrians and the responsibility placed on drivers to prevent harm.
What Compensation Can a Pedestrian Claim?
If you’re a pedestrian injured in an accident, you may have access to compensation through two different legal avenues:
- Accident Benefits (No-Fault Insurance):
You are entitled to accident benefits even if you don’t have your own auto insurance. These benefits are provided by the driver’s insurance company and can include:- Medical and rehabilitation expenses
- Income replacement benefits
- Attendant care
- Non-earner benefits (if you are unable to carry on a normal life)
- Tort Claim (Lawsuit Against the Driver):
If the driver was at fault, you may also sue them for additional compensation, such as:- Pain and suffering
- Loss of enjoyment of life
- Loss of income beyond what accident benefits provide
- Out-of-pocket expenses not covered by insurance
Every case is different, and the extent of your injuries, as well as how they impact your life, will play a role in what you may be entitled to receive.
What to Do After a Pedestrian Accident
If you’ve been injured as a pedestrian:
- Seek medical attention as soon as possible—even if injuries seem minor at first.
- Get the contact and insurance details of the driver involved.
- Report the accident to the police, especially if you were seriously injured or if there was any wrongdoing by the driver.
- Document the scene and your injuries if you are able.
- Contact a personal injury lawyer to help you understand your options and file the appropriate claims.
The timelines for making claims can be short (for example, if you claim against a municipality the time can be as little as 10 days) and the process can be complex, especially if you are recovering from serious injuries.
If you’ve been injured as a pedestrian and want to understand your rights or whether you may have a claim, our personal injury team is here to help. Contact us at info@nelliganlaw.ca.