Pedestrian Accident Injuries in Ontario: Benefits, Lawsuits, and Legal Rights Explained

Pedestrian accidents are among the most serious types of motor vehicle collisions in Ontario.

When a car, truck, or other vehicle strikes someone on foot, the injuries are often severe and life-altering, even at low speeds. These incidents don’t just affect people walking. Under Ontario law, “pedestrians” can also include individuals using mobility devices, wheelchairs, or skates, and, in some situations, cyclists.

In cities like Toronto, pedestrian collisions have become increasingly common, raising significant public safety concerns. This led to the creation of the “Vision Zero” initiative, designed to reduce serious injuries and fatalities. Despite initial mixed results, 2025 is on track to see the lowest number of pedestrian serious injuries and fatalities since the dashboard began recording.

Ontario’s insurance and injury compensation system allows injured pedestrians to access no-fault accident benefits and, in many cases, pursue additional compensation from the at-fault driver.

Understanding your rights, available benefits, and how liability is determined is critical to protecting your health and financial future. In this article, we’ll cover the key legal concepts you need to know and why contacting a reputable pedestrian accident lawyer is necessary.

But first, here is exactly what you should do immediately after an accident.

Things To Do Immediately If You Get Into a Pedestrian Accident In Ontario

What you do in the minutes and days after a pedestrian accident can affect both your recovery and your ability to claim compensation.

Even if you believe your injuries are minor, taking the right steps early can help protect your health and preserve important evidence.

Get Medical Help and Call 911

Your first priority should always be your safety and health. Call 911 or ask someone nearby to do so. Pedestrian injuries are often more serious than they appear at first, and symptoms such as head injuries, internal bleeding, or soft tissue damage may not be immediately obvious.

Paramedics and emergency room staff create medical records that can later become critical evidence in an insurance claim or lawsuit. If you are not taken to the hospital from the scene, seek medical attention as soon as possible and follow all recommended treatment and follow-up care.

Police should be called to the scene whenever there are injuries, suspected criminal offences such as impaired driving, or a hit-and-run. A police report can play an important role in establishing how the collision occurred and who was involved.

Gather Evidence at the Scene (If You Can)

If you are physically able, or with the help of someone nearby, try to collect as much information as possible before leaving the scene.

Useful evidence can include:

• The driver’s name, contact information, and insurance details
• Licence plate number and vehicle description
• Names and contact information of any witnesses
• Photos or videos of the scene, your injuries, traffic signals, and vehicle damage
• The location of nearby security cameras or dash cams that may have captured the collision

This information can be difficult or impossible to obtain later, especially if liability is disputed.

Notify Insurance and Track Deadlines

Pedestrians injured in Ontario motor vehicle accidents are still required to deal with insurance timelines, even if they do not own a car.

In most cases, notice of the accident must be given to the relevant insurer within 7 days, and an application for accident benefits must usually be submitted within 30 days.

If another party may be legally responsible for your injuries, there are also notice requirements and a general two-year limitation period to start a lawsuit.

Missing these deadlines can result in reduced benefits or the complete loss of your right to compensation.

Speaking with a lawyer early can help ensure that forms are completed properly and on time.

If you have been in a pedestrian accident and are experiencing difficulty claiming benefits from your insurer, contact Preszler Injury Lawyers today for a free consultation.

How Do Pedestrian Accidents Occur?

Pedestrian accidents can occur at intersections, in parking lots, in crosswalks, or in areas where people cross streets without a marked crosswalk.

In many cases, these collisions are not the result of a single mistake but of a combination of factors.

Common causes of pedestrian accidents include:

Cause of Pedestrian Accidents	How It Leads to Collisions
Distracted Driving	Drivers who are texting, eating, or otherwise distracted may fail to notice a pedestrian entering the roadway. Speed plays a critical role here: at 50 km/h, a vehicle travels approximately 44 feet in just one second, leaving a distracted driver almost no time to react to a person stepping off the curb.
Speeding and Loss of Control	Excessive speed reduces a driver’s ability to stop in time and significantly increases the severity of injuries. Collisions can also occur when vehicles lose control, such as after an initial crash with another vehicle, and are pushed onto sidewalks or areas where people are walking.
Visibility Issues	Accidents frequently occur at dawn, dusk, or at night. Poor lighting conditions can make it difficult for drivers to see pedestrians, including people crossing the road, jogging in low-light areas, or attending to a broken-down vehicle on the roadside.
Negligent Turns	Many pedestrian collisions happen when drivers focus on oncoming traffic and fail to properly check for pedestrians before making left or right turns at intersections, crosswalks, or driveways.
Impaired Driving	Alcohol or drug impairment remains a major factor in pedestrian accidents. An impaired driver may ignore traffic signals, drift out of their lane, or lack the reaction time needed to stop for a pedestrian in a crosswalk.
Mid-Block Crossing (Jaywalking)	Pedestrians may be struck while crossing outside of marked crosswalks. However, drivers can still be found negligent if they had a reasonable opportunity to see the pedestrian and avoid the collision but failed to do so.

Regardless of how a pedestrian accident occurs, the specific circumstances matter.

Insurance companies will assess the evidence to determine whether reasonable care was taken and how fault should be allocated.

Even when a pedestrian’s actions are questioned, a driver may still be found partially or fully responsible for the collision.

What You Can Claim After a Pedestrian Accident in Ontario (Damages Explained)

Pedestrians injured in motor vehicle accidents in Ontario may be entitled to compensation through no-fault accident benefits, and in many cases, through a lawsuit against the at-fault driver.

These two types of claims serve different purposes and can often proceed at the same time.

Statutory Accident Benefits (SABS)

Statutory Accident Benefits (SABS) are available regardless of who caused the accident and are intended to help cover medical care, income loss, and other expenses while you recover.

In most cases, a pedestrian must apply for accident benefits through their own auto insurance policy, even though they were not driving at the time of the collision. If you do not have an auto insurance policy, the claim may be made through the at-fault driver’s insurer.

In situations involving an uninsured or unidentified driver, such as a hit-and-run, benefits may be available through the Motor Vehicle Accident Claims Fund.

Depending on the severity of the injuries, SABS may include:

• Medical and rehabilitation benefits, covering treatment, therapy, medications, and assistive devices, up to $65,000 for most non-catastrophic injuries
• Catastrophic injury benefits, with combined medical, rehabilitation, and attendant care limits of up to $1 million
• Attendant care benefits, generally ranging from $3,000 to $6,000 per month, for individuals who require assistance with personal care or household tasks
• Income replacement benefits, typically paying up to 70% of gross pre-accident income, subject to weekly maximums, for up to two years, and potentially longer or for life if the person is unable to perform any job they are reasonably suited for
• Non-earner benefits for individuals who were not employed at the time of the accident but are unable to carry on a normal life
• Caregiver benefits, visitor expenses, and other specified benefits in qualifying cases
• Death and funeral benefits are payable to the surviving family members when a pedestrian is killed

Importantly, accident benefits are available even if the pedestrian was partially at fault for the collision.

Tort Lawsuit (Suing the At-Fault Driver)

In addition to no-fault accident benefits, an injured pedestrian may be able to bring a tort claim against the negligent driver who caused the accident. A tort lawsuit is intended to compensate for losses that go beyond what accident benefits cover.

A tort claim may allow recovery for:

• Pain and suffering and loss of enjoyment of life
• Future medical and rehabilitation expenses not covered by SABS
• Past and future loss of income
• Out-of-pocket expenses related to the injury

In Ontario, claims for pain and suffering and certain future health care expenses in motor vehicle accidents are subject to a “serious permanent impairment and permanent serious disfigurement” threshold. This means the injuries must result in a lasting and significant physical, psychological, or mental impairment.

Compensation for income loss, however, is not subject to this threshold.

If a pedestrian is found to be partly responsible for the accident, any damages awarded may be reduced to reflect contributory negligence, but partial fault does not automatically prevent a claim.

Choosing the Right Pedestrian Accident Lawyer to Represent Your Case

Not all personal injury lawyers have the same level of experience handling pedestrian accident claims. These cases involve distinct legal principles, including the presumption of driver fault under Ontario law and the way insurers often attempt to shift blame onto pedestrians.

Choosing a lawyer who understands these dynamics can make a meaningful difference in the outcome of your case.

When evaluating legal representation, consider the following factors.

1. Experience With Pedestrian Accident Claims

Pedestrian accidents are not simply car accident cases without a vehicle.

A qualified pedestrian accident lawyer should have specific experience applying Section 193 of the Highway Traffic Act, which places a reverse onus on drivers to prove they were not negligent.

They should also be familiar with common insurance defences, such as allegations of mid-block crossing, poor visibility, or pedestrian inattention, and know how to address them effectively.

A firm’s prior case results can help demonstrate this experience. For example, Preszler Injury Lawyers has represented pedestrians in serious and catastrophic injury cases, including:

• $6.5 million settlement obtained for a pedestrian who suffered severe injuries after being struck by a vehicle.
  $2.7 million settlement for a pedestrian hit by an impaired driver who fled the scene, resulting in catastrophic injuries.
• $2.1 million settlement for a pedestrian struck by a vehicle making a left-hand turn, causing traumatic brain and serious orthopaedic injuries.

Past results do not guarantee future outcomes, but they reflect experience handling complex pedestrian accident claims involving disputed liability and significant damages.

You can view our recent pedestrian accident settlements here.

2. Access to Medical and Forensic Experts

In serious injury cases, compensation often depends on the strength of the evidence.

An experienced firm will have access to qualified professionals who can help build a compelling case, including:

• Accident reconstruction experts, who analyze vehicle damage, scene evidence, and traffic data to determine how the collision occurred
• Medical and rehabilitation specialists, who assess long-term impairments and future care needs, not just immediate injuries

This expert evidence is often critical when insurers dispute liability or minimize the extent of an injury.

3. Trial Readiness

Although many pedestrian accident claims resolve through settlement, insurance companies are more likely to make fair offers when they know a lawyer is prepared to proceed to trial if necessary.

A firm with litigation experience and a reputation for trial readiness, such as Preszler Injury Lawyers, is better positioned to push back against low settlement offers and protect your interests.

Questions to Ask During a Free Consultation

Before choosing a lawyer, it can help to ask direct questions about their experience and approach, such as:

• Have you handled pedestrian accident cases involving injuries similar to mine?
• How do you approach cases where the insurer disputes fault?
• How often do your cases proceed to trial?
• Who will be my primary point of contact throughout the case?

Clear answers can help you decide whether a lawyer is the right fit for your situation.

Remember, pedestrian accidents can have serious and lasting consequences, both physically and financially.

Ontario law provides important protections for injured pedestrians, including access to no-fault accident benefits and, in many cases, the right to pursue additional compensation from an at-fault driver. However, these claims are governed by strict rules, deadlines, and legal thresholds, and insurers often challenge liability, the severity of injuries, or the benefits available.

Understanding your rights, acting quickly after an accident, and preserving evidence can make a meaningful difference in the outcome of a claim.

Whether you are dealing with denied benefits, a disputed fault determination, or the long-term impact of serious injuries, early legal advice can help protect your interests and ensure that no compensation is overlooked.

Involved In a Pedestrian Accident? Contact Preszler Injury Lawyers for a Free Consultation

If you or a loved one has been injured in a pedestrian accident, you do not have to navigate the insurance system alone. The period immediately following a collision is often overwhelming, but it is also the most critical time to preserve evidence and protect your rights.

At Preszler Injury Lawyers, we understand the devastating impact these accidents have on individuals and families. We know that insurers often try to minimize payouts or shift blame onto pedestrians, and we have the experience and resources to fight back.

Why Choose Preszler Injury Lawyers?

• No Upfront Fees: You pay nothing unless we recover money for you.
• Free Consultation: Speak with a lawyer for free to understand your rights and options.
• Proven Results: Our track record in pedestrian accident cases speaks for itself.

Don’t let strict deadlines or insurance denials prevent you from accessing the support you need.

Call us today at 1-888-608-2111 or fill out our online contact form to schedule your free, no-obligation consultation.

We’re here to help.