Pedestrian accidents can be sudden, chaotic, and overwhelming. Whether you are the person struck, the driver involved, or even a bystander who witnessed the event, what happens in the moments after the collision can have a significant impact on safety, medical recovery, and future legal rights.

Many people are unsure of their obligations and responsibilities at the scene of a pedestrian accident. This guide explains exactly what to do, how Ontario law defines a pedestrian, and what steps are crucial to protect your rights once the scene is cleared.

What Is Considered a “Pedestrian” in Ontario?

A “pedestrian” is not limited to someone simply walking on foot. In Ontario, the following is a non-exhaustive list of what’s considered a pedestrian:

• Runners
• People using mobility devices (walkers, wheelchairs, power chairs)
• Children in strollers
• A cyclist walking their bike at a crosswalk
• Individuals riding a non-powered scooter, skateboard or longboard
• People crossing roadways, sidewalks, parking lots, driveways, or intersections

If a vehicle strikes any of the above individuals, it will be classified as a pedestrian accident and under Ontario’s Highway Traffic Act, pedestrians are given special legal protections — including a reverse onus on drivers to prove they were not at fault.

What To Do at the Scene of a Pedestrian Accident

• If You Are the Pedestrian (the person struck)

Being hit by a vehicle is traumatic, and in many cases, the injured person is not able to act on their own behalf. But if you are conscious and able to move safely:

• Call 911 immediately
• Stay still if you are in pain or unsure of injuries
• Do not leave the scene, even if the driver encourages it
• Document the area (photos of traffic lights, crosswalks, weather, road conditions)
• Obtain driver information (name, license plate, insurance)
• Get witness names and phone numbers
• Seek medical care, even if symptoms seem minor — many injuries take hours or days to appear
• Report the accident to your insurance, even if you don’t own a car (you may still qualify for benefits)

Pedestrians often underestimate their injuries in the moment due to shock. Getting checked by a healthcare provider right away is essential.

• If You Are the Driver Who Hit a Pedestrian

Drivers have strict legal duties when a pedestrian is struck:

• Stop immediately — failing to remain is a criminal offence
• Call 911 and request medical assistance
• Stay with the pedestrian until emergency services arrive
• Do not move the pedestrian unless there is immediate danger
• Provide your information (license, registration, insurance)
• Cooperate with police when they arrive
• Notify your insurance company as soon as possible

As noted, Ontario law places a reverse onus on drivers in pedestrian accidents. Meaning the driver must prove they were not negligent. Because of this, documenting the scene carefully is important for both safety and legal reasons.

• If You Are a Bystander or Witness

Bystanders play a crucial role, especially when the injured pedestrian is unable to advocate for themselves.

If you witness a pedestrian being struck:

• Call 911 and describe the location accurately
• Assist the pedestrian by helping keep them calm and still
• Do not move them unless absolutely necessary
• Take photos or video if safe to do so
• Record the vehicle’s license plate (especially if the driver flees)
• Provide your contact information to the pedestrian and police
• Stay on scene until emergency responders arrive

Witness evidence is often critical, especially if fault is disputed or if the driver attempts to leave.

Why Pedestrian Accident Claims Are Different

Pedestrian accidents often result in more severe injuries, including:

• Fractures
• Traumatic brain injuries
• Soft tissue injuries
• Chronic pain
• Psychological trauma

Because of the seriousness of these injuries, pedestrian claims are often higher in value — which means insurers may scrutinize them more closely.

Additionally:

• Pedestrians can access Accident Benefits under Ontario’s Statutory Accident Benefits Schedule (SABS) no-fault system
• Pedestrians may also sue the at-fault driver for damages
• Fault is not assumed equally — there is a legal reverse onus on drivers to prove they were not negligent

Even if the pedestrian is partially at fault (e.g., jaywalking), they can still receive compensation — their award may simply be reduced proportionally.

What To Do After Leaving the Scene

Once the immediate crisis is over, the next steps matter for your ability to access compensation and proper treatment.

Pedestrians should:

• Seek follow-up medical care
• Document symptoms and changes in mobility
• Keep receipts for medications, devices, taxis, or lost wages
• Notify their insurer (or the driver’s insurer)
• Consult a personal injury lawyer before signing any insurance documents

These early steps help protect your access to benefits such as medical treatment, income replacement, rehabilitation support, and long-term care.

When You Should Contact a Personal Injury Lawyer

You should speak to a personal injury lawyer if:

• You suffered injuries requiring medical care
• The insurance company questions fault
• Your access to benefits is delayed or denied
• The driver fled the scene (hit-and-run)
• You were uninsured or unsure whose insurance policy applies
• You are experiencing pain, mobility issues, or time off work

Pedestrian injury claims can become complex quickly, especially when liability is disputed or injuries worsen over time. A lawyer can help ensure your rights are protected and that you receive the full benefits and compensation you are entitled to.

Final Thoughts

Pedestrian accidents are frightening and often life-changing, but Ontario’s legal system provides strong protections for pedestrians — including access to no-fault benefits and the ability to pursue compensation from at-fault drivers.

Knowing what to do at the scene, how to protect your rights, and when to seek legal guidance can make a significant difference in your recovery. If you or someone you know has been injured as a pedestrian, it’s important to get legal advice early to ensure access to the care and support needed to move forward. Contact our experienced team of legal professionals at Bergeron Clifford LLP today.

 

 

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BURKE DERBYSHIRE

Burke Derbyshire is a graduate of LaSalle Secondary School in Kingston. Upon graduation, he attended Queens University on an athletic scholarship where he played for the men’s football team. He then completed his law degree at the University of Leicester, United Kingdom, and was a moot court finalist as well as an active member of the Canadian Law Society.

Burke worked at Bergeron Clifford in the summer of 2023 as a summer student, and is now working as an articling student while also completing his NCA exams.

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