The Law Protects Pedestrians — But Deadlines Are Short

When a motor vehicle strikes a pedestrian, the consequences are often catastrophic: traumatic brain injury, spinal cord damage, multiple fractures, and worse. Ontario law gives pedestrians a significant advantage, but it also imposes short notice deadlines that can defeat a valid claim if they are missed.

The 10-day municipal notice rule. If your injury involved a defect in a municipal road or sidewalk — a pothole, broken curb, or poorly maintained crossing — you may be required to give written notice to the municipality within 10 days under the Municipal Act, 2001 (or the City of Toronto Act). Late notice can sometimes be excused for reasonable cause, but you should never gamble on it. Call us immediately.

The Reverse Onus in Your Favour

Section 193 of the Highway Traffic Act places a reverse onus on the driver: where a pedestrian is injured by a motor vehicle on a highway, the burden shifts to the driver to prove the loss was not caused by their negligence. This is a powerful protection that strengthens a pedestrian's tort claim from the outset.

Where Your Accident Benefits Come From

A pedestrian struck by a car can usually access no-fault accident benefits (SABS) — through their own auto policy if they have one, through a resident family member's policy, or through the insurer of the vehicle that struck them. These benefits fund medical care, rehabilitation, attendant care, and income replacement regardless of fault.

July 2026 changes for pedestrians. Under Ontario's auto-insurance reforms effective July 1, 2026, several benefits become optional and the newly optional benefits generally apply only to the named insured, their spouse, and dependants. The practical effect is that some pedestrians (and cyclists) who previously could claim certain benefits through the striking vehicle's insurer may no longer be eligible for them. Whether this affects you depends on your accident date and the policies involved — see our July 2026 AB Changes page and call us to confirm.

The Tort Claim

Beyond accident benefits, you can sue the at-fault driver (and, where a road defect contributed, the responsible municipality or contractor) for pain and suffering and the losses your benefits do not cover, subject to the statutory threshold and deductible that apply to non-pecuniary damages.

What To Do If You Are Struck

  • Get emergency medical care immediately.
  • Ensure police attend and a report is created; record the vehicle's plate.
  • Photograph the scene, the vehicle, road and lighting conditions, and any defect.
  • Collect the names and numbers of witnesses.
  • Call Azimi Law right away — the 10-day municipal notice clock can already be running.

Frequently Asked Questions

What is the 10-day notice rule and does it apply to me?
Under the Municipal Act, 2001 (and the City of Toronto Act), if your injury was caused by the condition of a municipal road or sidewalk — such as a pothole or unrepaired defect — you generally must give the municipality written notice within 10 days. Courts may excuse late notice for a reasonable excuse where the municipality is not prejudiced, but you should never rely on that. Contact us immediately so the notice is given correctly.
The driver says I stepped out suddenly — will that defeat my claim?
Not on its own. Section 193 of the Highway Traffic Act places the burden on the driver to prove they were not negligent. Even if some fault is attributed to you, Ontario's contributory-negligence rules reduce your damages proportionally rather than barring the claim.
Do I have accident benefits if I don't own a car?
Usually yes. You may access SABS through a resident family member's policy or, failing that, through the insurer of the vehicle that struck you. The July 1, 2026 reforms change eligibility for certain optional benefits, so the answer can depend on your accident date — we will confirm which rules apply to you.
How do the July 2026 changes affect pedestrians specifically?
Several benefits become optional and the newly optional ones generally apply only to the policyholder, spouse, and dependants. As a result, some pedestrians who previously claimed certain benefits through the striking driver's insurer may no longer be eligible. See our July 2026 AB Changes page for details and call us to assess your situation.
What does it cost to hire you?
Nothing up front. We handle pedestrian-injury claims on contingency and fund the experts your case requires, with our fee payable only from a successful recovery.