Being struck by a vehicle is one of the most traumatic things a person can experience. In the moments after impact, while you are trying to understand what happened to your body, the driver’s insurance company is already beginning to build a case against you.
Nav Aujla and the team at Cambria Law Firm want you to know something important: Ontario law gives pedestrians a powerful legal advantage. We use it from Day 1 to protect your rights and maximize your recovery.
Free consultation. No fee unless we win. Call 416-840-7545.
The Reverse Onus: Why Ontario Law Protects Pedestrians
In a typical car-versus-car accident, you must prove the other driver was negligent. In a pedestrian accident, the law reverses this burden entirely.
Under Section 193(1) of Ontario’s Highway Traffic Act, when a vehicle strikes a pedestrian, the driver is presumed liable unless they can prove they were not negligent. The driver must demonstrate to the court that they did everything reasonably possible to avoid hitting you. If they cannot prove this, they are liable.
But I Was Jaywalking – The Contributory Negligence Trap
The first thing many insurance adjusters say to pedestrian accident victims is: “You weren’t in a crosswalk, so we’re denying your claim.” This is a negotiating tactic. It is not the law.
Even if you were crossing mid-block, the driver had a legal obligation to see you and respond. Ontario uses contributory negligence — meaning fault is apportioned proportionally. If you are found 20% at fault for jaywalking, the driver is still 80% responsible. You receive compensation for that 80%.
Who Pays for Your Medical Treatment
- If you have car insurance: Your own policy pays for physio, income replacement, and medical costs — even though you were walking at the time of the accident.
- If you do not have car insurance: The at-fault driver’s insurer must pay your accident benefits.
- Hit and run: We apply to the Motor Vehicle Accident Claims Fund (MVACF), Ontario’s government fund for unidentified drivers.
- Uber, Lyft, or rideshare vehicle: Special insurance layers apply — we navigate all of them to ensure your benefits are secured.
How We Secure Evidence Before It Disappears
Evidence in pedestrian accidents is extremely time-sensitive. We act immediately to:
- CCTV Footage: Camera footage from nearby businesses is typically overwritten within 7 to 14 days — we contact business owners immediately to preserve this evidence.
- Dashcam Footage: Footage from the striking vehicle and nearby vehicles must be preserved before repairs are made.
- Scene Documentation: Skid marks, debris, and road conditions change quickly — we document the scene as soon as possible.
- Witness Statements: Witness memories are sharpest in the first days — we take formal statements early to ensure details are accurate.
Frequently Asked Questions
What if the driver fled the scene (hit and run)?
You are still entitled to compensation. We apply to the Motor Vehicle Accident Claims Fund (MVACF). You must report the accident to police immediately and notify your insurer within 7 days.
Can I claim if I was hit in a parking lot rather than on a public road?
Yes, though the Reverse Onus under the Highway Traffic Act may not apply to private parking lots in the same way. Liability is still available through other legal routes — we investigate the specific circumstances to build your case.
What if I was a child who was hit by a car?
Minors have special legal protections — limitation periods do not begin to run until the child turns 18. Furthermore, drivers face a higher duty of care in areas where children are predictably present, such as near schools or parks.
How long do I have to file a pedestrian accident claim in Ontario?
You generally have 2 years from the date of the accident to start a lawsuit. For accident benefits, you must notify your insurer within 7 days and submit your OCF-1 within 30 days. In hit-and-run cases, notify police immediately.
