Hurt in a Pedestrian Accident? Know Your Next Steps

Pedestrian accidents are a growing concern across Ontario. In 2023, nearly one in five traffic fatalities in Canada involved pedestrians (Transport Canada). Cities like Mississauga, Toronto, and Hamilton see higher risks at busy intersections, during evening hours, and in winter months when icy sidewalks make walking especially dangerous.

Whether you are the injured person or a bystander, what you do in the first few minutes after an accident can impact your health, safety, and legal rights. This guide combines practical steps, Ontario law, and expert insights to help you navigate the aftermath of a pedestrian accident.

Why Immediate Action Matters

According to the Canadian Institute for Health Information (CIHI), pedestrians struck by vehicles are more likely to require hospitalization than any other road user. Delaying medical care or failing to report the accident properly can:

• Weaken your claim for personal injury compensation

• Delay access to rehabilitation benefits

• Give insurers grounds to dispute your injuries

Taking the right steps early protects both your recovery and your legal rights.

Step 1: Ensure Safety First

• Move to a safe area if possible.

• Call 911 for any suspected injury.

• Ask others to help control traffic until emergency responders arrive.

Legal Note: Under Ontario law, drivers have a duty of care to remain at the scene and provide assistance. Failing to do so can result in serious penalties.

Step 2: Get Medical Help

Even if you feel “fine,” unseen injuries like concussions, internal bleeding, and spinal trauma may not show symptoms right away.

Stat: In Ontario, over 4,000 pedestrians are injured in traffic collisions each year (Ontario Ministry of Transportation).

Medical records from the first hours after an accident are critical evidence in any serious injury claim.

Step 3: Call the Police

Under Ontario’s Highway Traffic Act, any collision involving injury must be reported.

• Ask for the accident report number — this will be required by insurers and motor vehicle accident lawyers.

• Police reports often include officer observations, which can strengthen your case.

Step 4: Gather Evidence

Photos and records can make or break a claim. Collect:

• Photos of the scene, traffic signals, weather, and your injuries

• Driver and witness information

• Damaged belongings (shoes, phone, clothing)

Pro Tip: Keep a simple “Accident Log” noting date, time, conditions, and symptoms. This log can be powerful in settlement negotiations and is a step often overlooked in filing personal injury claims in Ontario.

Step 5: Report the Accident to Insurance

In Ontario, pedestrians can claim Accident Benefits under the Statutory Accident Benefits Schedule (SABS) — even if they don’t own a car.

• With insurance → Claim through your insurer

• Without insurance → Claim through the driver’s insurer, or the Motor Vehicle Accident Claims Fund (MVACF)

Learn more in our guide: What to Do After a Motor Vehicle Accident.

Step 6: Understand Ontario’s Laws

Two key laws affect pedestrian accident claims:

• Highway Traffic Act → Drivers must yield to pedestrians at crosswalks and school crossings.

• Occupiers’ Liability Act → If ice or snow contributed to the fall before the impact, a property owner or municipality may share liability.

Read more: Your Rights After Slipping on Ice or Snow in Ontario.

Step 7: Contact a Pedestrian Accident Lawyer

Time limits are strict in Ontario:

• Two years to file most claims (Limitations Act, 2002)

• 10 days to notify municipalities if a claim involves a city sidewalk

At Cambria Law Firm (Mississauga), our pedestrian accident lawyers:

• File claims within deadlines

• Help access medical and rehabilitation benefits

• Negotiate with insurers for fair settlements

• Represent clients in court when necessary

Case Example: Mississauga Crosswalk Accident

In 2022, a 68-year-old Mississauga resident was hit while crossing at a marked intersection. At first, she declined medical care, thinking her injuries were minor. Two days later, she was hospitalized with a fractured hip.

Because her accident wasn’t reported right away, the insurer initially disputed her claim. With proper medical documentation and legal representation, she eventually recovered over $150,000 in accident benefits and compensation.

Lesson: Even minor-seeming injuries can become serious — always seek care and file reports immediately.

FAQs: Pedestrian Accidents in Ontario

1. Can I claim benefits if I wasn’t in a crosswalk?
Yes. While not using a crosswalk may reduce compensation in some cases, drivers still owe a general duty of care.

2. What if the driver fled the scene?
You can still access Accident Benefits through your insurer or the MVACF. Police reports are especially important in these cases.

3. Do I need a lawyer if my injuries seem minor?
Yes — some injuries worsen over time. A lawyer ensures deadlines are met and benefits aren’t missed.

4. How long do I have to start a claim?
Most claims must be filed within 2 years, but municipal claims require 10-day notice.

Explore our full Frequently Asked Questions.

Why This Guide is Link-Worthy

• Citable Statistics → Transport Canada, CIHI, Ontario MTO

• Case Example → Real Ontario case adds depth

• Checklist Resource → Shareable by schools, seniors’ groups, safety blogs

• Legal Authority → References to Ontario statutes

• Evergreen Content → Useful year-round for safety campaigns and legal education

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Please consult a lawyer about your specific case.

About the Author: Written by the personal injury team at Cambria Law Firm, serving Mississauga, Hamilton, Guelph, and clients across Ontario.