Who Is Responsible for a Pedestrian Accident in Ontario?
In most cases, drivers are at fault when they hit a pedestrian, as they have a higher duty of care under Ontario law. However, pedestrians may share responsibility if they jaywalk, cross against a light, or walk distracted.
1. Reverse Onus Rule – Drivers Must Prove They Weren’t at Fault
Under Section 193 of the Highway Traffic Act, a driver is automatically considered at fault unless they can prove otherwise.
2. When Is the Driver at Fault?
A driver is likely responsible if they:
• Fail to yield at a crosswalk
• Drive distracted (texting, eating, etc.)
• Run a red light or stop sign
• Speed or drive under the influence
3. Can a Pedestrian Be at Fault?
Yes, a pedestrian may share blame if they:
• Jaywalk
• Cross at a red light
• Are distracted while walking (e.g., texting)
• Step into traffic suddenly
If partially at fault, a pedestrian’s compensation is reduced based on their level of responsibility (e.g., 25% fault = 25% less compensation).
Your Legal Rights as a Pedestrian in Ontario
If you’re hit by a car, you may be entitled to Statutory Accident Benefits (SABs) through the driver’s insurance, even if you don’t have your own.
1. Accident Benefits (SABs) – Available Regardless of Fault
• Medical, Rehabilitation & Attendant Care – Up to $65,000 (non-catastrophic) or $1M (catastrophic).
• Income Replacement – 70% of lost wages, up to $400 per week.
• Non-Earner Benefit – $185 per week if unable to work or live normally.
• Caregiver Benefit – $250 per week (for catastrophic injuries only).
• Housekeeping Benefit – Up to $100 per week (for catastrophic injuries).
• Educational Expenses – Up to $15,000 for students unable to continue school.
• Death & Funeral Benefits – $25,000 for a spouse, $10,000 per dependent, $6,000 funeral costs.
• Travel & Other Expenses – Covers family visits and medical-related travel costs.
2. Suing for Additional Compensation (Tort Claim)
If the driver was negligent, you can sue for:
• Pain and suffering (only if injuries are serious and permanent).
• Future lost wages if you can’t work long-term.
• Long-term medical costs beyond accident benefits.
What to Do If You’re Hit by a Car
1️ Seek Medical Help – Even if injuries seem minor, get checked by a doctor.
2️ Report to Police – Call 911 for serious injuries or file a police report for minor ones.
3️ Gather Evidence – Take photos, get witness contact info, and write down accident details.
4️ Contact a Lawyer – Insurance companies may try to minimize payouts—a lawyer ensures fair compensation.
Final Thoughts
Ontario law protects pedestrians, but knowing your rights and next steps is key. The reverse onus rule favors pedestrians, and even if you’re partially at fault, you can still get compensation under contributory negligence laws.
If you or a loved one was hit by a car, take action: get medical care, report the accident, gather evidence, and consider legal advice to ensure you receive the compensation you deserve.