Pedestrian Accident Lawyer Scarborough

The Law Starts on Your Side — The Reverse Onus

Most people do not know this, and it changes everything. Under section 193 of Ontario's Highway Traffic Act when a pedestrian is struck by a motor vehicle, the burden of proof reverses. The driver must prove that the collision did not arise through their negligence. You do not start out having to prove the driver was careless — they start out having to prove they were not.

This is a powerful advantage, and insurers rarely volunteer it. It is also why their adjusters move quickly to get a statement from an injured pedestrian suggesting they stepped out, were distracted, or were not in a crosswalk.

Scarborough's Pedestrian Problem

Scarborough's arterial roads were engineered for vehicle throughput, not for people on foot. Wide multi-lane roads, long distances between signalized crossings, and heavy transit ridership combine to produce a persistently high pedestrian-collision rate. Kingston Road in particular has a long-standing record of serious pedestrian incidents, and the Lawrence, Eglinton, Markham Road and Sheppard corridors are not far behind.

You Are Covered Even Without a Car

Injured pedestrians are frequently told they have no claim because they do not own a vehicle. That is wrong. Ontario's no-fault Accident Benefits (SABS) system covers you through, in order: your own auto policy if you have one; the policy of a spouse or a household family member; the policy of the vehicle that struck you; and, failing all of those, the Motor Vehicle Accident Claims Fund. There is virtually always a source of coverage — see our tort vs accident benefits guide.

Pedestrian Injuries Are Rarely Minor

With no vehicle around you, the human body absorbs the entire impact. The injuries we see most in Scarborough pedestrian files are traumatic brain injury, complex leg and pelvic fractures, spinal injuries and internal trauma — the categories with the highest settlement values and the longest recovery timelines. If a head injury is involved, our brain injury practice page explains how catastrophic impairment unlocks $1 million in SABS medical and attendant care.

What If I Was Jaywalking?

You can still recover. Ontario applies contributory negligence: your damages are reduced by your share of fault, not erased. A pedestrian found 25% responsible with $400,000 in proven damages still recovers $300,000. Never let an adjuster convince you that crossing mid-block ends your claim.

Scarborough Hospitals

• Scarborough Health Network — General, Birchmount and Centenary campuses
• Sunnybrook Health Sciences Centre — regional trauma centre for the most severe cases