Pedestrian Accidents

Backing-Up Accidents

These happen when a car reverses out of a driveway or parking lot and hits a pedestrian. Although backup cameras have become the norm in newer cars, many that drive on Canadian roads still do not have them. Pedestrian children and elderly are the most susceptible to such accidents.

Turning Vehicle Collisions

Left- or right-turning motor vehicle drivers most often focus their attention on approaching traffic and pay no attention to a pedestrian on the road. Such accidents more often occur within cities where pedestrians’ signals are neglected or missinterpreted.

Multiple Threat Scenarios

This occurs when a driver stops for a pedestrian who is crossing, but another driver in an adjacent lane does not see the pedestrian and drives through. They are most dangerous on multi-lane highways.

Distracted Driving

Driving while texting, eating, or fiddling with the GPS puts everyone in jeopardy—but particularly pedestrians. A moment’s distraction can create horrific results.

School Bus-Related Accidents

According to Canadian law, drivers in both directions must stop when a school bus is activated with its red lights. Yet some drivers disregard the mandate, which leaves children in dire peril as they attempt to cross the road.

Crosswalk Trap Accidents

Sometimes pedestrians enter a crosswalk during a green light, but the signal changes before they finish crossing. Impatient drivers may move forward without realizing someone is still in the intersection.

Legal Rights for Pedestrians in Canada

If you are struck by a car as you walk, Canadian law entitles you to claim damages for your injuries and losses. These are usually classified as personal injury and motor vehicle insurance cases, and procedures can differ from province to province.

Who May File a Claim?

You can make a claim if you were:

• Hit by a car, truck, motorcycle, or large commercial vehicle
• Injured in a hit-and-run
• Struck by an inattentive, incapacitated, or negligent driver
• Injured crossing at an unmarked crosswalk or mid-block

Legal Claims Types

1. Insurance Claim (Accident Benefits)

In Ontario, Alberta, and British Columbia, you can recover through:
The insurer of the driver
Your own auto insurance (yes, even when you are walking)

2.Tort Claim (Lawsuit Against the At-Fault Driver)

This permits you to sue the driver for amounts not covered completely by insurance:

• Pain and suffering
• Loss of future earnings
• Medical and therapy bills
• Emotional suffering

3.Uninsured or Hit-and-Run Claims

If the motorist runs away or is not insured:

• Ontario: You can claim under the Motor Vehicle Accident Claims Fund (MVACF)
• Other provinces offer equivalent programs to compensate victims

Time Limits for Claiming

• Personal Injury Lawsuit: Typically must be filed within 2 years of the accident.
• Notification to Insurance Company: You might have to report to your insurer within 7 to 30 days.
• Municipal Claims (e.g., poor road or sidewalk conditions): Usually need notice within 10 to 60 days, depending on the province.

What You’ll Need to Prove

To win a pedestrian accident claim, you need to prove:

• The driver was negligent or broke a traffic law
• Their actions directly caused your injuries
• Your injuries resulted in quantifiable losses (medical expenses, lost work, etc.)

Useful evidence includes

• Police reports
• Medical evaluations
• Eyewitness accounts
• Security or dashcam video
• Accident scene photos

What If You Were Partly Responsible?

Even if you were walking across the road without watching out for traffic or stepped off against the signal, you might still get compensation. It is called contributory negligence. You may be awarded a smaller amount based on your portion of the blame.

Compensation You Can Get

• Reimbursement of medical expenses and rehabilitation
• Lost income or impaired ability to work
• Pain and suffering
• Attendant services or home care
• Transportation costs to see doctors
• Property damage (e.g., shattered phone, glasses)

Why Hiring a Lawyer Matters

Pedestrian accident claims are sometimes complicated—particularly if there are multiple parties or if the insurance company is questioning your injuries. A personal injury attorney can:

• File your claim correctly
• Negotiate on your behalf
• Make sure you don’t accept less than you should
• Speak for you in court, if necessary

Pedestrian accidents can change lives. No amount of money can compensate the trauma, but the Canadian justice system shields victims and gives them rights and choices. If you were hit by a negligent driver or left on the side of the road in a hit-and-run, you don’t have to battle the justice system alone. A meeting with a skilled personal injury attorney can help you find your rights, build your case, and receive the help you need to recover.