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.
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.
Contributory negligence: Pedestrians are not immune from contributory negligence findings. Jaywalking, crossing against a signal, failing to look before stepping into traffic, and phone distraction are all grounds courts have used to reduce pedestrian damages, typically in the range of 10–30%.
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.
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.