Pedestrian Accident Claims in Ontario: Rights Against Drivers and Municipalities

The Legal Position of Injured Pedestrians

When a pedestrian is struck by a motor vehicle, Ontario law provides robust protection: accident benefits from the at-fault driver’s insurer (or the pedestrian’s own household insurer), and a tort claim against the at-fault driver. The Highway Traffic Act also creates a structural advantage through the presumption of driver negligence.

The HTA Presumption of Negligence

Section 193(1) of Ontario’s Highway Traffic Act provides that where a motor vehicle causes personal injury to any person, there is a rebuttable presumption that the accident was caused by the driver’s negligence. The driver must establish affirmatively that the accident occurred without negligence on their part — a significant evidentiary advantage for pedestrian claimants.

Municipality Liability for Unsafe Infrastructure

Ontario municipalities have a statutory duty under the Municipal Act, 2001 to maintain roads and sidewalks in a reasonable state of repair. Pedestrians injured by hazardous conditions — unmaintained ice, broken pavement, inadequate lighting — may have a claim against the responsible municipality. Written notice to the municipality within 10 days of the accident is critical.

School Zone and Crosswalk Accidents

Ontario’s HTA imposes specific obligations on drivers approaching marked and unmarked crosswalks and school crossings. Accidents in these regulated areas almost invariably result in a finding of driver negligence. Multiple defendants — driver, municipality, school board, contractors — may share liability in serious cases.