When a vehicle strikes a pedestrian, the injuries are often severe. There is no steel frame, no airbag, and no seatbelt protecting you. Yet insurance companies still try to blame pedestrians by claiming they were jaywalking, wearing dark clothing, or not paying attention.
Ontario law gives injured pedestrians important legal protection. At Cambria Law Firm, we use the Highway Traffic Act’s reverse onus provision to hold drivers accountable and fight attempts to shift blame onto you.
Critical: Ontario Law Puts the Burden on the Driver
Under Ontario’s Highway Traffic Act, when a motor vehicle strikes a pedestrian, the driver is presumed to be at fault.
This is called the reverse onus. Instead of forcing the injured pedestrian to prove the driver was negligent, the driver must prove they were not negligent.
That distinction matters. It can change how liability is argued, how the insurer evaluates the claim, and how your case is built from the beginning.
The Reverse Onus: Why the Law Is on Your Side
Under Section 193(1) of Ontario’s Highway Traffic Act, when a motor vehicle strikes a pedestrian, the burden of proof is reversed. The driver must prove they took reasonable care and were not negligent.
The Contributory Negligence Trap
One of the most common tactics insurers use against pedestrian accident victims is contributory negligence. They may argue that you were partly at fault because you crossed outside a crosswalk, crossed against a signal, wore dark clothing, or failed to notice the vehicle.
This argument can reduce your compensation, but it does not automatically eliminate your claim. If you are found 25% at fault and the driver is found 75% at fault, you may still recover 75% of your damages.
If your total damages are valued at $300,000 and you are found 25% at fault, your recovery may be reduced to $225,000. That is why minimizing fault allocation is a major part of pedestrian accident strategy.
Common Pedestrian Accident Scenarios in Mississauga
Busy intersections on Hurontario, Eglinton, Dundas, and Derry Road are frequent sites of pedestrian accidents. Drivers turning right, rushing through yellow lights, or failing to yield often cause serious injuries.
Drivers are expected to exercise extreme caution in school zones and areas where children are present. Pedestrian accidents involving children often require careful long-term damages analysis.
Drivers backing out of spaces, cutting through lanes, or failing to check blind spots can cause serious injuries in mall, plaza, grocery store, and condo parking lots across Mississauga and the GTA.
Drivers using phones, eating, speeding, or driving under the influence cause a disproportionate share of serious pedestrian injuries. These facts can significantly affect liability and damages strategy.
MiWay buses, delivery vehicles, rideshare drivers, and commercial trucks can create complex liability questions involving employers, commercial insurance, municipal parties, and multiple insurers.
What You Can Claim as a Pedestrian Accident Victim
Pedestrian accident claims in Ontario can include several categories of compensation depending on the severity of the injury and its impact on your life.
| Type of Claim | What It May Cover |
|---|---|
| Pain and Suffering | Physical pain, emotional trauma, and long-term impact on quality of life. |
| Accident Benefits | Medical, rehabilitation, and income replacement benefits available regardless of fault. |
| Past Income Loss | Wages lost from the date of the accident to settlement or trial. |
| Future Income Loss | Loss of future earning capacity or loss of competitive advantage. |
| Future Cost of Care | Ongoing medical treatment, home modifications, attendant care, and support services. |
| Family Law Act Claims | Separate claims by spouses, children, parents, or dependents in eligible cases. |
Typical Compensation Ranges
Pedestrian accident claims are often higher-value claims because pedestrians are physically exposed and injuries can be serious or catastrophic.
| Injury Type | Typical Range |
|---|---|
| Soft tissue injury with full recovery | $30,000 – $80,000 |
| Fractures with partial permanent impact | $80,000 – $250,000 |
| Serious permanent injury | $250,000 – $600,000+ |
| Catastrophic brain, spinal, or amputation injury | $600,000 – $2,000,000+ |
These ranges depend heavily on medical evidence, liability, long-term care needs, income loss, and whether catastrophic impairment applies.
What to Do After Being Hit by a Car
The first few hours after a pedestrian accident are critical. Evidence can disappear quickly, and insurance companies may begin building their defence immediately.
Critical Deadlines for Pedestrian Accident Claims
| Deadline | Action Required |
|---|---|
| Immediately | Secure camera footage, witness evidence, and vehicle data before it disappears. |
| 7 Days | Notify your own insurer of the accident where applicable. |
| 30 Days | File the OCF-1 accident benefits application. |
| 2 Years | Limitation period to file a lawsuit. |
