What Are Your Pedestrian Rights After Being Hit in a Crosswalk?

After being hit by a car in a crosswalk, Ontario law grants you specific pedestrian rights to pursue compensation and benefits, which a lawyer can help uphold against challenges from drivers and insurance companies.

While the path to securing these benefits might seem direct, many situations introduce complexities that can affect your claim.

Legal guidance helps clarify your pedestrian rights after being hit in a crosswalk and can assist in building a strong case for the financial support needed for your recovery.

If you have questions about your rights after a pedestrian accident at a Toronto crosswalk, contact Preszler Injury Lawyers for a free consultation. Our Toronto pedestrian accident lawyers can help you navigate the claims process and pursue the compensation you need to support your recovery.

Key Takeaways About Pedestrian Rights After Being Hit in a Crosswalk

• Ontario’s legislation favours pedestrians, but the issue of fault can still be debated. A lawyer can use this legal standard to challenge attempts by insurers to assign partial fault to you and reduce your crosswalk accident compensation in Toronto.
• You may access no-fault benefits regardless of who was at fault. Legal counsel can manage the application process and fight for a catastrophic impairment designation for pedestrian injuries if applicable.
• Strict deadlines apply to all claims. You generally have seven days to report the accident to the insurer, 30 days to apply for benefits, and two years to file a lawsuit. A lawyer can manage these timelines to protect your right to pursue a pedestrian accident tort claim in Ontario.

Understanding the Reverse Onus in Ontario Pedestrian Accidents

One of the most significant aspects of a pedestrian accident claim in Ontario is the concept of “reverse onus.” Under the province’s Highway Traffic Act (HTA), the burden of proof on the driver in pedestrian collisions is flipped.

In a typical Ontario car accident case, the injured person must prove the other driver was negligent. However, when a pedestrian is struck by a vehicle, the law presumes the driver was at fault.

It becomes the driver’s responsibility to prove they did everything a reasonable person would have done to avoid the collision. This legal principle offers a significant advantage to injured pedestrians.

However, insurance companies may still try to argue that the pedestrian’s actions contributed to the incident. This is known as contributory negligence. A lawyer can build a case to counter these arguments, preserving the full value of your claim.

Contributory Negligence and Shared Fault in Pedestrian Accidents

Even with the reverse onus provision, insurance adjusters will investigate your actions leading up to the collision. They may look for reasons to assign partial fault to you, which can reduce your final compensation.

For example, if you were jaywalking, crossing against a “don’t walk” signal, or distracted by your phone, the insurer might argue you share some of the blame.

Assigning even a small percentage of fault can significantly impact the damages you may recover. If you are found to be 25% at fault, your final award for pain and suffering damages after a crosswalk accident could be reduced by that amount.

A lawyer can challenge unfair allegations of shared fault, using evidence from the scene and witness statements to demonstrate the driver’s primary responsibility.

Accessing Statutory Accident Benefits (SABS) as an Injured Pedestrian

Regardless of who was at fault, anyone injured in a motor vehicle accident in Ontario, including pedestrians, can apply for Statutory Accident Benefits. These are often referred to as no-fault benefits and may serve as your primary source of support.

SABS provides a range of benefits, including:

• Medical and rehabilitation benefits: This coverage includes costs not covered by OHIP, such as physiotherapy, chiropractic care, counselling for psychological injuries, and prescription medication.
• Income replacement benefits: If you cannot work due to your injuries, these benefits provide a percentage of your lost income, up to a weekly maximum. A lawyer can help substantiate your claim for income replacement benefits for pedestrians in Ontario.
• Attendant care benefits: For severe injuries, this benefit helps cover the cost of a personal support worker or aide to assist with daily activities.
• Other expenses: This can include housekeeping assistance, home modifications, and other costs related to your recovery.

Navigating the SABS application process can be complicated. Insurance companies may dispute the severity of your injuries or the necessity of certain treatments. A lawyer can handle all communication with the insurer, manage the paperwork, and fight to protect your access to these vital benefits on your behalf.

Pursuing a Tort Claim for Additional Damages

While SABS provides essential support, it does not cover everything. These benefits do not compensate for pain and suffering, the loss of enjoyment of life, or future income loss beyond the SABS limits. To recover these damages, you must file a lawsuit, also known as a tort claim, against the negligent driver.

A successful tort claim allows you to pursue compensation for:

• Pain and suffering: This compensates for the physical pain and emotional distress caused by your injuries.
• Future care costs: This covers long-term medical and rehabilitation needs not covered by SABS or OHIP.
• Loss of future income: If your injuries permanently affect your ability to earn a living, you can sue for lost earning capacity.
• Family member claims: Close family members may also have a claim for the loss of care, guidance, and companionship they have suffered.

Filing a lawsuit is a complex legal undertaking. A lawyer can assess the viability of a tort claim, gather the evidence needed for a pedestrian accident claim, and represent your interests throughout the legal process.

When Is It Someone Else’s Fault If I Get Hit in a Crosswalk?

Determining fault in a crosswalk accident often depends on whether the driver’s actions violated traffic laws or demonstrated negligence.

While Ontario’s Highway Traffic Act places a duty of care on drivers to yield to pedestrians, certain situations may indicate that the driver failed to uphold this responsibility.

Here are some common scenarios where a driver’s negligence may contribute to a crosswalk accident:

• Failing to yield at a marked crosswalk or pedestrian crossover. Drivers are required to stop and allow pedestrians to cross safely at designated crossings, as outlined in HTA section 140 pedestrian crossovers. Failing to follow this rule can lead to serious collisions.
• Running a red light or stop sign. Disregarding traffic signals at intersections or crosswalks often results in accidents where pedestrians are struck while crossing with the right of way.
• Distracted or impaired driving. Drivers who are texting, using their phones, or under the influence of alcohol or drugs may fail to notice pedestrians in time to stop.
• Speeding in school zones or residential areas. Excessive speed reduces reaction time and increases the likelihood of hitting a pedestrian, especially in areas where children or families are present.

If you were hit in a crosswalk and suspect the driver’s actions contributed to the accident, a free consultation with Preszler Injury Lawyers can help you explore your legal rights and options.

How To Protect Your Rights After Being Hit By a Car in a Crosswalk

First responders or police on the scene likely took care of documenting the immediate aftermath of the accident. However, their work doesn’t mean your role in protecting your rights is over.

Following these steps can help your lawyer build a strong case and pursue the compensation you may be entitled to under Ontario law:

• Organize your medical records and expenses. Keep track of all medical appointments, treatments, and out-of-pocket expenses related to your injuries. This documentation helps your lawyer demonstrate the full extent of your losses.
• Write down your account of the accident. As soon as possible, record your recollection of what happened, including details like the time, location, weather conditions, and any conversations you had with the driver or witnesses. This can be valuable evidence if your memory fades over time.
• Follow your doctor’s recommendations. Adhering to your treatment plan not only supports your recovery but also strengthens your claim by showing that you are taking your injuries seriously.
• Avoid discussing the accident publicly. Refrain from posting about the incident on social media or discussing it with anyone other than your lawyer. Insurance companies may use your statements against you.
• Provide your lawyer with all relevant documents. Share any correspondence from insurance companies, medical bills, or other paperwork related to the accident. The more information your lawyer has, the better they can advocate for your rights.

Even if you think you missed a step or may have overlooked something, a lawyer can help fill in the gaps where first responders or your own efforts may have fallen short. Legal professionals can help gather evidence, address challenges, and build a case that supports your claim for compensation.

Pedestrian Rights After Being Hit in a Crosswalk FAQs

What is the difference between a crosswalk and a pedestrian crossover?

A crosswalk is any part of a road at an intersection or elsewhere that is distinctly marked for pedestrian crossing. A pedestrian crossover is a specific type of crosswalk with special lights or signs that give pedestrians the right-of-way once they have entered the road. A lawyer can explain how the specific location impacts the obligations of drivers at marked crosswalks.

What if the driver who hit me fled the scene?

If you are the victim of a hit-and-run, you can still access benefits. You may be able to claim your own auto insurance policy, if you have one, or through Ontario’s Motor Vehicle Accident Claims Fund. A lawyer can help you identify the correct path for compensation in these difficult situations.

What if I was not in a marked crosswalk when I was hit?

Even if you were not in a marked crosswalk, drivers still have a duty of care to watch for pedestrians. While an insurer may argue you were contributorily negligent for jaywalking, the reverse onus still applies. A lawyer can help argue against an unfair reduction in your compensation.

How long do I have to file a pedestrian accident claim in Ontario?

The statute of limitations for pedestrian accident lawsuits in Ontario is generally two years from the date of the incident to file a lawsuit. However, shorter deadlines apply for notifying insurance companies and applying for accident benefits. Consulting a lawyer promptly helps you meet all critical timelines.

Can I still file a claim if I didn’t report the accident right away?

Delays in reporting can complicate the process, as it may be more difficult to gather evidence, and insurers may question the validity of your claim. A lawyer can help address these challenges to support your claim, even if you delayed in the initial reporting of it.

Contact Preszler Injury Lawyers to Protect Your Rights After a Pedestrian Crosswalk Accident in Ontario

Recovering from a pedestrian accident involves navigating insurance claims, understanding your legal rights, and fighting for compensation that supports your recovery. This can be a complex and time-consuming process.

You do not have to face these challenges alone. Preszler Injury Lawyers are here to provide the guidance and support you need.

Whether it’s accessing benefits under the Statutory Accident Benefits Schedule (SABS), pursuing compensation for property damage, or fighting for a catastrophic injury designation, our team is ready to help you every step of the way.

Take control of your recovery and protect your rights. Contact Preszler Injury Lawyers today for a free consultation, and let us help you secure the support and compensation you may be entitled to under Ontario law.

We’re here to help.