Ottawa Pedestrian Accident Lawyer

If you suffered injuries or lost someone you love because of a careless driver in Ottawa, you may feel frustrated, uncertain, and left with many unanswered questions. Recovery often involves more than just medical treatment. Many people experience lost income, long-term care needs, and emotional strain after these events. Our Ottawa pedestrian accident lawyers can guide you through the legal process and help you seek the financial recovery the law provides.

Ontario law gives injured pedestrians the right to pursue damages when someone else causes harm. Insurance companies and at-fault drivers may work to limit what they pay, which leaves victims in a difficult position. Legal representation helps level the playing field and ensures your voice is heard.

Our team has stood beside injured pedestrians and their families throughout Ottawa and across Ontario. We offer free consultations so you can speak with us about your situation, understand your legal options, and take the next steps toward recovery without upfront costs.

What Are the Most Common Causes of Pedestrian Accidents in Ottawa?

Pedestrian accidents don’t happen by chance. They often result from driver negligence or unsafe conditions on Ottawa’s busy streets. Understanding the most frequent causes helps highlight where risks exist and why these incidents occur.

Distracted Driving

Many drivers split their attention between the road and their phones, GPS systems, or in-car conversations. When drivers fail to watch for pedestrians, collisions can happen in areas like Laurier Avenue, where both foot traffic and vehicle traffic are heavy. Even a few seconds of inattention can result in tragedy.

Failure to Yield at Crosswalks

Crosswalks are designed to give pedestrians safe passage. However, some drivers ignore signals or rush through intersections without yielding. Busy areas like the Rideau Street crosswalks see frequent foot traffic, making failure-to-yield accidents a constant risk.

Impaired Driving

Alcohol and drug use impair judgment and slow reaction times. Drivers under the influence may miss stop signs or signals and fail to notice pedestrians. Late-night activity in places like ByWard Market has seen impaired driving play a role in serious accidents.

Poor Weather and Road Conditions

Ottawa winters create snow-covered roads and icy sidewalks. Slippery conditions reduce a driver’s ability to stop quickly, and snowbanks may block visibility at intersections. Along Bank Street during winter, pedestrians often face additional risks when drivers cannot control their vehicles.

Inadequate Street Lighting and Signage

Areas with dim lighting or faded road signs increase the likelihood of pedestrian accidents. Without clear visibility, drivers may fail to spot someone crossing the street. Poorly lit roads near Bayshore Drive have been linked to incidents where drivers claim they didn’t see the pedestrian in time.

Understanding Pedestrian Rights Under Ontario Law

Pedestrians in Ottawa have strong protections under both provincial law and local bylaws. These rules exist because people on foot are far more vulnerable than drivers behind the wheel. Knowing how these rights work helps explain why drivers often carry more legal responsibility after a collision.

The Highway Traffic Act sets out many of these protections. For example, drivers must yield to pedestrians at marked crosswalks, school crossings, and pedestrian crossovers. At intersections, drivers turning left or right must wait until pedestrians finish crossing the lane they’re entering. When drivers ignore these rules, the law often holds them accountable.

Ottawa municipal bylaws also reinforce pedestrian protections. Lower speed limits in school zones, community safety areas, and residential streets are designed to reduce the risk of severe injuries. Failing to respect these limits isn’t just a traffic violation; it also strengthens liability in a personal injury case when someone gets hurt.

Right-of-Way Rules

Pedestrians generally have the right-of-way at crosswalks, crossovers, and intersections with signals. Drivers must come to a complete stop and allow the pedestrian to reach the opposite curb before moving. If a driver rolls through or rushes a turn, they may be found negligent.

Driver Responsibilities

The law places a heavy burden on drivers because motor vehicles pose a greater danger. Even when pedestrians make errors, such as crossing outside a crosswalk, drivers still must take reasonable care to avoid a collision. For instance, a motorist speeding down Bronson Avenue who strikes a pedestrian jaywalking may still carry most of the responsibility.

Reverse Onus Provision

Ontario applies what’s known as a “reverse onus” in pedestrian accident cases. This means when a driver hits a pedestrian, the driver must prove they weren’t at fault. Instead of the pedestrian carrying the entire burden of proof, the law shifts responsibility toward the driver. This provision exists to reflect the higher risks cars create compared to pedestrians.

Shared Responsibility

Sometimes, courts assign partial fault to pedestrians if they acted recklessly, such as crossing against a signal or stepping into traffic without looking. In those cases, the damages a pedestrian recovers may be reduced in proportion to their share of fault. Still, drivers usually retain the larger share of liability because of their duty to operate vehicles safely.

Municipal Regulations

Ottawa also enforces bylaws that improve pedestrian safety beyond provincial rules. These include rules about school crossing guards, pedestrian priority areas near parks and playgrounds, and restrictions on where drivers can park to avoid blocking sightlines at intersections.

What Types of Injuries Do Pedestrian Accident Victims Typically Sustain?

Pedestrians lack the protection of a vehicle, which often leads to severe injuries. These injuries not only require immediate treatment but may also lead to long-term care and recovery.

Traumatic Brain Injuries

A blow to the head can cause concussions or more severe brain damage. Victims may struggle with memory loss, headaches, or changes in mood and personality.

Spinal Cord Injuries

Damage to the spine may cause partial or total paralysis. Even less severe spinal injuries often leave victims with long-lasting pain and limited mobility.

Broken Bones and Fractures

Leg, arm, and rib fractures occur frequently in pedestrian accidents. Multiple breaks may require surgeries, casting, or physical therapy before recovery.

Internal Organ Damage

Blunt force trauma often damages organs such as the liver, kidneys, or lungs. These injuries may not be visible right away, but can become life-threatening.

Psychological Trauma and PTSD

The mental impact of being struck by a car is lasting. Many victims report flashbacks, anxiety near traffic, and ongoing stress long after the physical injuries heal.

How Is Fault Determined in Ottawa Pedestrian Accidents?

Determining fault requires examining all available evidence. Insurance companies often dispute responsibility, which makes a thorough investigation critical.

Police Investigation and Accident Reports

Police officers document the crash, collect statements, and issue citations. Their reports often become key evidence in determining fault.

Witness Testimony and Surveillance Footage

People nearby may have seen the collision unfold. In downtown Ottawa, security cameras from shops and intersections often capture the events leading up to a crash.

Traffic Signal Analysis

Investigators review whether drivers obeyed traffic lights and crosswalk signals. Timing records from Ottawa’s traffic systems can prove if a driver ran a red light.

Contributory Negligence Considerations

Ontario law allows fault to be shared. For example, if a pedestrian crossed outside of a crosswalk, the court may reduce damages but still hold the driver primarily responsible.

Expert Accident Reconstruction

Reconstruction specialists use vehicle damage, skid marks, and roadway conditions to recreate what happened. Their analysis often clarifies disputed details.

Compensation Available for Pedestrian Accident Victims

Pedestrian accident claims in Ontario fall under the tort system and also involve statutory accident benefits. Victims may pursue:

• General damages for pain, loss of enjoyment of life, and lasting harm.
• Special damages covering rehabilitation costs and lost income.
• Statutory Accident Benefits, including medical care, attendant care, and income replacement, regardless of fault.

Together, these forms of compensation help injured pedestrians address both immediate expenses and future needs.

What Should I Do Immediately After a Pedestrian Accident?

Your actions after an accident can strongly affect your case. Protecting your health and preserving evidence should be top priorities.

Seek Medical Attention

Get medical treatment right away, even if you feel fine. Some injuries don’t show symptoms until later.

Document the Scene

Take photos of the accident location, traffic signals, vehicle, and injuries. These images preserve key evidence.

Obtain Witness Information

Collect names and contact information from anyone who saw what happened.

Report to Police

Call the Ottawa Police to file an official accident report. This documentation supports your claim.

Contact Insurance Companies

Notify your insurer about the accident, but avoid giving detailed statements before speaking to a lawyer.

Preserve Evidence

Keep medical records, receipts, and correspondence. These materials help build a strong claim.

How Long Do I Have to File a Pedestrian Accident Claim in Ontario?

After a pedestrian accident in Ottawa, the law sets strict time limits on how long you have to start a claim. These deadlines are called limitation periods, and missing them can prevent you from recovering damages, no matter how strong your case might be. Understanding these rules helps ensure you don’t lose your right to take action.

The Two-Year Limitation Period

In most cases, Ontario law requires you to start a lawsuit within two years from the date of the accident. This window applies to lawsuits seeking damages for injuries, lost income, and other losses under Ontario’s tort system. Because evidence may fade and witnesses may forget details, it’s better to begin the process well before this deadline.

Discovery Rule Exceptions

Ontario’s discoverability rule allows the two-year period to begin on the date you reasonably knew, or should have known, that you suffered harm caused by the accident. However, this exception can be disputed by insurance companies, which makes legal advice especially valuable if your injuries surfaced later.

Special Circumstances for Minors

When a child suffers injuries in a pedestrian accident, the limitation period works differently. The two-year clock doesn’t start until the child turns 18. Parents or guardians may file earlier on the child’s behalf, but the law ensures children aren’t penalized for being too young to bring a claim themselves.

Municipal Claim Notice Requirements

Accidents involving city vehicles require written notice to the municipality within 10 days. This step is mandatory to preserve your right to pursue a claim.

How Our Lawyers Can Help

Legal representation provides support at every step. At Preszler Injury Lawyers, we work to protect your rights and pursue recovery for your losses.

• Comprehensive Case Investigation: We collect police reports, witness accounts, and expert analysis to build a strong case.
• Medical Expert Coordination: We work with medical professionals to document injuries and long-term needs.
• Insurance Claim Navigation: We deal directly with insurers that try to reduce payouts, pushing back when they attempt unfair tactics.
• Court Representation and Litigation: If an insurance company refuses to take responsibility, we take the matter before a judge and jury.
• Maximizing Compensation Recovery: Our team evaluates all forms of damages to ensure nothing is overlooked.
• No Fees Unless We Recover Money for You: We work on a contingency fee basis, so you don’t pay upfront. Our fee only comes from a successful recovery of damages on your behalf.

Let Our Experienced Pedestrian Accident Lawyers in Ottawa Help

Deadlines move quickly in pedestrian accident cases, and evidence can fade. The sooner you take legal action, the stronger your case may be. Preszler Injury Lawyers offers immediate support to protect your rights and hold negligent drivers accountable.

Call 1-888-608-2111 today for a free case evaluation. Our Ottawa pedestrian accident team is ready to listen, advise, and fight for your recovery.

Proudly Canadian

Case Results

HIT BY A VEHICLE WHILE WALKING IN OTTAWA?