You Don’t Have to Prove the Driver Was Wrong. They Have to Prove They Were Right.

If you are hit by a car while walking, the legal rules are completely different than a standard car accident. In Ontario, the law recognizes that pedestrians are vulnerable and unprotected.

At Cambria Law, we use Section 193(1) of the Highway Traffic Act—known as the “Reverse Onus”—to fast-track your liability case. While the insurance company tries to blame you for “jaywalking” or “wearing dark clothes,” we use the law to hold the driver accountable.

How the “Reverse Onus” Protects You

In a typical car-vs-car accident, you (the victim) must prove the other driver was negligent. In a pedestrian accident, the burden of proof is reversed.

  • The Law: The driver is presumed liable until they can prove they were not negligent.

  • What This Means: You do not have to prove the driver was speeding or texting. The driver must prove to the court that they did everything possible to avoid hitting you. If they cannot prove this, they are liable for your damages.

    • Note: This rule applies on public roads, but has exceptions in private parking lots. We investigate the exact location to determine which rules apply.

“But I Was Jaywalking…” (The Contributory Negligence Trap)

Insurance adjusters love to tell victims: “You were not in a crosswalk, so we are denying your claim.” This is a tactic, not the law.

Even if you were crossing mid-block, the driver still had a duty to see you and stop. We fight to minimize “Contributory Negligence.”

  • Example: If you are found 20% at fault for jaywalking, the driver is still 80% responsible for your life-changing injuries. We ensure you get paid for that 80%.

Immediate Benefits: Who Pays for Your Rehab?

You have access to Statutory Accident Benefits (SABS) immediately, regardless of who caused the accident.

  • If You Have Car Insurance: Your own policy pays for your physio and income replacement (even though you were walking).

  • If You Don’t Have Insurance: The insurance policy of the driver who hit you must pay for your benefits.

  • If It Was a “Hit and Run”: We apply to the Motor Vehicle Accident Claims Fund (MVACF) to ensure you are covered by the government’s safety net.

Common Pedestrian Injuries We Litigate

Because pedestrians have no protection, “low speed” impacts can cause catastrophic damage. We work with orthopedic surgeons to document:

  • Tibial Plateau Fractures: “Bumper fractures” that shatter the lower legs and knees.

  • Traumatic Brain Injuries (TBI): Caused when the pedestrian is thrown onto the hood or strikes the pavement.

  • Spinal Cord Trauma: Resulting in partial or total paralysis.

  • Degloving Injuries: Severe soft tissue damage requiring skin grafts.

What To Do If You Are Struck

  1. Do Not Move: Unless you are in immediate danger of being hit again. Adrenaline can mask spinal injuries.

  2. Get Driver Details: If you can’t, ask a witness to take a photo of the license plate.

  3. Call Police: A police report is mandatory for pedestrian collisions involving injury.

  4. Call Cambria Law: We act fast to secure CCTV footage from nearby businesses (gas stations, plazas) before it is deleted.

We Don’t Get Paid Unless You Win.

Pedestrian cases are complex, but the law is on your side. We cover all upfront costs for experts and filing fees.

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