Pedestrian Accident Claims in Toronto: Your Complete Legal Guide

According to Toronto Police data, pedestrians account for a disproportionate number of traffic fatalities in the city. Despite making up only a small percentage of road users, pedestrians represent nearly half of all traffic deaths.

Common locations for pedestrian accidents include: major intersections, crosswalks (both marked and unmarked), parking lots, residential streets, and areas near schools and transit stops.

Common causes include distracted driving, failure to yield at crosswalks, speeding, impaired driving, and poor visibility conditions. However, regardless of the specific cause, if a driver's negligence caused your injuries, you have a claim for compensation.

Your health comes first. Call 911 immediately and accept medical treatment, even if your injuries seem minor. Adrenaline can mask pain, and some serious injuries (like internal bleeding or brain injuries) may not be immediately apparent.

If possible, gather evidence at the scene: take photos of the accident location, the vehicle, and your injuries. Get the driver's information (license, insurance, contact details). Get contact information from any witnesses.

Report the accident to police – in Toronto, all accidents involving injury must be reported. The police report will be important evidence in your claim. Also report to your own auto insurance company if you have one, as accident benefits may be available.

Many pedestrians are surprised to learn they have insurance coverage even though they weren't in a vehicle. If you have auto insurance, your accident benefits coverage applies even when you're a pedestrian hit by a car.

If you don't have your own auto insurance, you can access accident benefits through the insurance of: the vehicle that hit you, a vehicle you're a listed driver on, or a vehicle owned by someone in your household.

Accident benefits can cover: income replacement (up to $400/week or more with optional coverage), medical and rehabilitation expenses, attendant care, and housekeeping and home maintenance expenses. These benefits are available regardless of who was at fault for the accident.

Beyond accident benefits, you can sue the driver who hit you for additional compensation. To succeed, you must prove the driver was negligent (failed to exercise reasonable care) and that their negligence caused your injuries.

Damages you can recover include: pain and suffering (general damages), future care costs beyond what accident benefits cover, lost income and future earning capacity, out-of-pocket expenses, and Family Law Act damages for your spouse and dependents.

Ontario's "no-fault" system doesn't mean drivers aren't responsible. It refers to accident benefits being available regardless of fault. You absolutely can sue a negligent driver, and drivers often are found fully or partially at fault for pedestrian accidents.

Even if you weren't in a crosswalk or may have contributed to the accident, you can still recover compensation. Ontario uses "comparative negligence," which reduces your compensation by your percentage of fault but doesn't eliminate it entirely.

For example, if you're found 20% at fault and your damages are $500,000, you would recover $400,000 (reduced by 20%). Courts recognize that drivers have a higher duty of care due to the danger their vehicles pose.

Insurance companies often try to blame pedestrians to reduce claims. An experienced lawyer knows how to counter these tactics and present evidence showing the driver's primary responsibility for the accident.