If You Are a Pedestrian Hit By a Car: Understanding Your Rights and the Driver’s Responsibility

Being a pedestrian hit by car is one of the most traumatic experiences a person can go through. In a split second, your life can change completely. The injuries are often severe, the medical system can feel overwhelming, and the legal questions start coming fast.

Understanding your rights and the driver’s responsibilities is one of the most important steps you can take in the days and weeks that follow.

Related: Mild, Moderate, and Severe TBI: How Doctors Diagnose Brain Injuries

Key Takeaways

• Pedestrian collisions often result in serious injuries, including traumatic brain injuries, spinal cord injuries, fractures, and long term mobility limitations.
• Drivers in Ontario owe a legal duty of care to pedestrians and may be held responsible when negligent driving causes injury.
• Ontario applies a reverse onus rule in many pedestrian collision cases, meaning the driver must prove they were not negligent.
• Even if a pedestrian is found partially responsible for a collision, compensation may still be available under Ontario’s contributory negligence rules.
• Injured pedestrians may have access to both accident benefits and a tort claim, each serving a different purpose in the recovery process.
• Early medical treatment and legal guidance can help preserve evidence, document injuries, and clarify available options following a pedestrian accident.

How Often Pedestrians Are Hit By Cars in Ontario

Pedestrian collisions are far more common than most people realize. Ontario roads see thousands of pedestrian injuries every year, and many of them result in life-altering consequences.

Pedestrian Accident Statistics in Canada

Pedestrians consistently account for a significant share of road fatalities each year. 

Older adults and children face the greatest risk. Seniors may have slower reaction times and more fragile bodies, meaning a collision that might injure a younger adult can be fatal for someone in their 70s or 80s. Children are at risk because of their smaller size and limited ability to judge vehicle speeds.

Urban pedestrians in high-traffic areas are also particularly vulnerable, especially in cities like Toronto, Barrie, and Sudbury where foot traffic and vehicle volume intersect constantly.

Where Most Collisions Happen

Most pedestrian collisions occur at intersections, mid-block crossings, and driveways. Many happen in broad daylight, not just at night. Distracted driving, speeding, and failure to yield are among the most common contributing factors when a pedestrian is hit by a car.

Common Injuries When a Pedestrian Is Hit By a Car

The human body is no match for a vehicle travelling at even moderate speeds. When a pedestrian is hit by a car, the injuries tend to be serious, complex, and long-lasting.

Brain and Head Trauma

Head injuries are among the most common and most serious outcomes of a pedestrian collision. When a person is struck by a vehicle, they often hit the hood of the car and then the pavement, subjecting their head to multiple points of impact.

Traumatic brain injuries (TBI) can range from concussions to severe brain damage. Even a so-called “mild” TBI can have lasting effects on memory, mood, cognition, and the ability to work or maintain relationships.

Spinal and Orthopedic Injuries

Spinal cord injuries, fractured vertebrae, broken bones, and serious joint damage are all common in pedestrian collisions. Depending on the severity, these injuries can result in partial or full paralysis, chronic pain, or permanent mobility limitations.

Orthopedic injuries often require multiple surgeries and years of rehabilitation. Some never fully heal.

The Long-Term Impact of Car-Pedestrian Collision Injuries

Car-pedestrian collision injuries rarely resolve quickly. Many survivors face months or years of medical treatment, including surgeries, physiotherapy, occupational therapy, and psychological support. Some require lifelong care.

The financial impact compounds the physical one. Lost income, out-of-pocket medical expenses, and the cost of adapting a home or vehicle can add up to hundreds of thousands of dollars over a lifetime.

Who Is at Fault When a Pedestrian Is Hit By a Car

Fault in a pedestrian collision is not always straightforward. Ontario has its own rules and processes for determining who is responsible, and understanding them matters when it comes to your legal options.

The Driver’s Duty of Care

In Ontario, drivers have a legal duty of care toward pedestrians. This means they are required to operate their vehicles in a way that does not put others at unreasonable risk of harm. When a driver speeds, runs a red light, uses a phone, or fails to yield, they are breaching that duty.

If that breach causes injury to a pedestrian hit by car, the driver can be held legally liable.

How Fault Determination in Pedestrian Crashes Works in Ontario

Fault determination in pedestrian crashes in Ontario is unique in that the driver of a vehicle that strikes a pedestrian is presumed to be negligent, unless they can prove otherwise.  This is known as a “reverse onus”. 

In some cases, fault is shared. Ontario uses a contributory negligence model, meaning that even if a pedestrian is found partially at fault, they may still be entitled to compensation — just reduced in proportion to their share of responsibility.

Police reports, witness statements, traffic camera footage, and physical evidence all play a role in establishing what happened and who may be at fault for the injuries.

When a Pedestrian May Share Some Responsibility

Pedestrians also have responsibilities under Ontario’s Highway Traffic Act. Jaywalking, crossing against a signal, or stepping out from between parked cars can contribute to a finding of shared fault.

That said, shared fault does not mean zero compensation. A personal injury lawyer can help assess exactly how fault is likely to be apportioned in your specific situation.

Crosswalk Safety Tips and What the Law Says

Understanding the rules around crosswalks helps clarify both your rights and your responsibilities as a pedestrian.

Your Rights in a Marked Crosswalk

Ontario law gives pedestrians the right of way in marked crosswalks once they have lawfully entered the crossing. Drivers are required to yield and must not pass another vehicle that has stopped for a pedestrian at a crosswalk.

Violations of these rules are common factors in pedestrian injuries, and they carry significant legal weight when establishing fault.

Pedestrian Responsibilities Under the Highway Traffic Act

Pedestrians must obey traffic signals and use designated crossings where available. At intersections with traffic lights, pedestrians must wait for the walk signal before crossing.

These rules exist to protect everyone on the road. When a pedestrian follows them and is still struck, it strengthens their legal position considerably.

What Compensation for Pedestrian Injuries Can Include

If you were a pedestrian hit by car and the driver was at fault, you may be entitled to significant compensation. The exact amount depends on the nature and severity of your injuries, but the categories of recoverable damages are broad.

Damages You May Be Entitled to Claim

Compensation in Ontario pedestrian injury cases can include pain and suffering, loss of income (both past and future), medical and rehabilitation expenses, cost of attendant care, out-of-pocket expenses, and loss of competitive advantage in the workforce.

In the most serious cases, compensation for pedestrian injuries can reach into the millions of dollars when long-term care, loss of earning capacity, and future rehabilitation needs are fully accounted for.

Accident Benefits vs. a Tort Claim: Understanding Both Streams

In Ontario, an injured pedestrian typically has access to two legal streams. The first is accident benefits, which are available through your own auto insurance policy (or the driver’s policy if you don’t have one). These benefits cover things like income replacement, rehabilitation expenses, and attendant care regardless of fault.

The second stream is a tort claim against the at-fault driver. This is where the larger damages – including pain and suffering and full income loss – are typically pursued. A personal injury lawyer can help you navigate both streams and ensure nothing is left on the table.

Frequently Asked Questions

What should I do if I am hit by a car as a pedestrian in Ontario?

After a pedestrian collision, your health and safety should be the first priority. Seek medical attention immediately, even if your injuries seem minor. Some serious injuries, including traumatic brain injuries and internal injuries, may not be immediately apparent. If possible, report the collision to police, obtain contact information from witnesses, and preserve any photographs or evidence from the scene. The article emphasizes that the decisions made in the days and weeks after a collision can affect both recovery and legal rights. Speaking with an experienced Ontario personal injury lawyer may help you better understand the options available to you.

Who is usually at fault when a pedestrian is hit by a car?

Fault is not always straightforward, but the article explains that Ontario applies a reverse onus rule in many pedestrian collision cases. This means the driver who struck the pedestrian is presumed to have been negligent unless they can prove otherwise. Evidence such as police reports, witness statements, traffic camera footage, and physical evidence may be used to determine what happened. While drivers owe a duty of care to pedestrians, each case depends on its own facts and circumstances.

Can a pedestrian still receive compensation if they were partially at fault?

Yes. According to the article, Ontario uses a contributory negligence model. This means a pedestrian may still be entitled to compensation even if they are found partially responsible for the collision. For example, allegations involving jaywalking or crossing against a signal do not automatically eliminate a claim. Instead, compensation may be reduced based on the pedestrian’s share of responsibility. Determining how fault may be apportioned often requires a careful review of the evidence and circumstances surrounding the collision.

What are the most common injuries when a pedestrian is hit by a car?

The article identifies traumatic brain injuries, spinal cord injuries, fractures, joint damage, and other serious orthopaedic injuries as common outcomes of pedestrian collisions. A pedestrian may be struck by a vehicle and then hit the pavement, creating multiple points of impact. These injuries can require surgeries, rehabilitation, physiotherapy, occupational therapy, and ongoing medical treatment. In serious cases, the effects may continue for years and can affect a person’s ability to work, maintain independence, and participate in daily activities.

How does Ontario law protect pedestrians in crosswalks?

Ontario law gives pedestrians the right of way in marked crosswalks once they have lawfully entered the crossing. The article explains that drivers are required to yield and must not pass another vehicle that has stopped for a pedestrian at a crosswalk. Violations of these rules can be important factors when determining fault after a collision. For pedestrians crossing busy streets in Toronto, understanding these rights can help clarify how Ontario law approaches driver and pedestrian responsibilities.

What responsibilities do pedestrians have under Ontario law?

Pedestrians must also follow certain rules under Ontario’s Highway Traffic Act. According to the article, pedestrians are expected to obey traffic signals, wait for walk signals where required, and use designated crossings when available. These rules are intended to improve safety for everyone using the road. When a pedestrian follows these rules and is still struck by a vehicle, the evidence may strengthen their position when fault is being assessed.

What compensation may be available after a pedestrian accident?

The article explains that compensation may include damages for pain and suffering, past and future income loss, medical and rehabilitation expenses, attendant care costs, out of pocket expenses, and loss of earning capacity. The amount available depends on the nature and severity of the injuries and the specific circumstances of the case. For someone in Mississauga facing a lengthy recovery after a serious pedestrian collision, compensation may also involve consideration of future care and rehabilitation needs.

What is the difference between accident benefits and a tort claim?

Ontario pedestrian injury claims often involve two separate legal streams. According to the article, accident benefits may provide access to income replacement, rehabilitation expenses, and attendant care benefits regardless of fault. A tort claim, on the other hand, is a claim against the at fault driver and may include damages such as pain and suffering and broader income loss claims. Understanding how these two systems work together can be important when planning for recovery after a serious accident.

Why are pedestrian injuries often so severe?

The article notes that the human body has little protection when struck by a motor vehicle. Even collisions at moderate speeds can cause significant injuries because the pedestrian absorbs the force of the impact directly. Many individuals suffer multiple injuries involving the head, spine, bones, and joints. For older adults and children, the risk of serious injury may be even greater. In communities such as Barrie, where pedestrians and vehicle traffic frequently interact, the consequences of a collision can be life changing.

When should I contact a personal injury lawyer after a pedestrian accident?

It is often helpful to speak with an experienced Ontario personal injury lawyer as early as possible after a pedestrian collision. The article emphasizes that early decisions can affect both legal rights and recovery. A lawyer may be able to help preserve evidence, explain available accident benefits, assess potential claims, and assist with navigating insurance issues. For families dealing with a serious pedestrian injury, obtaining information early can provide greater clarity about the legal process and the options that may be available moving forward.

Work With Oatley Vigmond After Being Hit as a Pedestrian

If you or someone you love was a pedestrian hit by a car, the decisions you make early on can have a lasting impact on your recovery and your legal rights. Speaking with an experienced personal injury lawyer as soon as possible helps protect those rights and ensures you have a clear picture of your options.

Oatley Vigmond has spent decades representing people with catastrophic and serious injuries across Ontario. We understand what is at stake – medically, financially, and personally – and we are here to help you through it.

Contact us today to tell us your story.