Pedestrian Accident Lawyer Mississauga

A pedestrian struck by a vehicle has almost no protection, so the injuries are frequently severe — fractures, head injuries, spinal injuries, and worse. In Mississauga, with its wide, fast arterials and heavy traffic along Hurontario Street, Dundas, Burnhamthorpe, Eglinton and the highways, pedestrian collisions happen far too often, especially in winter when darkness and ice reduce visibility. If you or a loved one was hit while walking, a pedestrian accident lawyer ensures the law’s strong protections for pedestrians are fully used.

The reverse onus: the law is on your side

Ontario gives pedestrians a powerful advantage. Under section 193 of the Highway Traffic Act, when a pedestrian is struck by a motor vehicle, the burden of proof shifts to the driver — it is the driver who must prove they were not negligent, rather than the injured pedestrian having to prove the driver was. This “reverse onus” is a significant advantage, though it is not automatic: insurers still argue that the pedestrian darted out, crossed against a signal or wore dark clothing, and compensation can be reduced by any share of fault assigned to the pedestrian. Putting the reverse onus to work — and defeating the insurer’s attempts to blame you — is central to a strong pedestrian claim.

You have two claims — even if you don’t own a car

One of the most important things injured pedestrians don’t realize is that you are covered by Ontario’s no-fault system even if you do not own a vehicle. Your two claims are:

• Accident benefits. These are paid through the automobile insurance that responds to the accident — the driver’s insurer, a vehicle in your household, or Ontario’s Motor Vehicle Accident Claims Fund if the driver was uninsured or fled. Since July 1, 2026, medical, rehabilitation and attendant-care benefits remain mandatory, with auto insurance as first payer.
• The tort claim against the at-fault driver for pain and suffering, income loss and future care.

Our guide to accident benefits versus a tort claim explains how the two work together.

How serious pedestrian injuries drive the claim

Because pedestrians absorb the full force of a collision, these cases often involve the most serious injuries we see — traumatic brain injuries, spinal cord injuries, multiple fractures and permanent disability. Injuries this severe frequently meet Ontario’s definition of a catastrophic impairment, which raises available accident benefits to $1,000,000 in combined medical, rehabilitation and attendant-care coverage (with optional coverage able to add more), and they support substantial tort claims for lifetime care and lost earning capacity. For badly injured pedestrians and their families, getting these designations and valuations right is the difference between support that runs out and support that lasts.

Deadlines and why early action matters

You generally have about seven days to notify the relevant insurer, 30 days to file the accident-benefits application, and two years to start a lawsuit. In serious pedestrian cases, early involvement is critical: identifying which insurer responds can be complex, catastrophic-impairment designations depend on well-documented medical evidence from the outset, and collision evidence — vehicle data, intersection and dashcam footage, witness accounts — disappears quickly. The sooner we start, the stronger the foundation.

Where Mississauga pedestrian collisions happen

We see pedestrian injuries across Mississauga, but certain areas carry more risk: the Hurontario Street corridor, the Square One and City Centre area, Dundas Street, Burnhamthorpe Road, Eglinton Avenue and the approaches to the highways. Many serious collisions happen at crosswalks and intersections, and a troubling number occur after dark in the winter months. Wherever it happened, the compensation system responds the same way, and we handle the full claim from the first call.

What to do after being hit by a car in Mississauga

If you or someone with you is able, the priority after a pedestrian collision is always medical care: call 911 and accept emergency treatment, even if the adrenaline makes injuries feel minor at first — head and internal injuries in particular can be masked in the moments after impact. If possible, have someone note the vehicle’s licence plate, make and colour, and the driver’s details; photograph the scene, the crossing, traffic signals and road conditions; and gather the names and numbers of any witnesses, who are often crucial in pedestrian cases. Do not tell anyone at the scene that you are “fine” or that it was your fault — you cannot yet know the extent of your injuries, and fault is a legal question shaped by the reverse onus, not something to concede on the roadside. Get medical follow-up for every symptom, and speak to a lawyer before giving any statement to an insurer. Because identifying which insurer responds to a pedestrian claim can be complicated, early legal advice also makes sure your accident benefits start flowing from the right source without delay.

Why injured Mississauga pedestrians choose Kanevsky Law

Serious pedestrian claims are not the place for a general practitioner. Olga Kanevsky, LL.B, LL.M, brings more than 20 years of Ontario personal injury experience and a record of $50 million-plus recovered, and our team serves Mississauga and Peel Region families — including in Russian and Ukrainian. We fund the experts a serious case demands and work on a no win, no fee basis. If you or a loved one was struck while walking, explore our Mississauga personal injury hub, then book a free consultation.

Pedestrian cases also reward speed in another way: surveillance and intersection cameras often overwrite their footage within days or weeks, and a vehicle’s event-data recorder can capture speed and braking in the seconds before impact. Securing that evidence early can be decisive in proving exactly how the collision happened and defeating any attempt to shift blame onto the person who was walking.