Pedestrian Accident Lawyer in Toronto & the GTA

Quick answer: If you were struck by a vehicle as a pedestrian on an Ontario public road, the driver is generally presumed at fault under section 193 of the Highway Traffic Act and must prove they were not negligent. You may be able to pursue accident benefits and a separate lawsuit. The lawsuit deadline is generally 2 years, with shorter deadlines for benefits.

Pedestrians have little protection in a collision, so injuries are often serious. Ontario law recognizes this, and gives injured pedestrians an important legal advantage when they are struck by a vehicle on a public road.

The reverse onus: a key protection for pedestrians

In short: Under section 193 of the Highway Traffic Act, when a vehicle strikes a person on a public road, the driver is presumed to be at fault and must prove they were not negligent. You generally need to show the collision happened and that it injured you.

This "reverse onus" flips the usual rule, where an injured person must prove the other party was at fault. It reflects a policy choice: vehicles can cause great harm, and drivers are expected to take care around vulnerable road users. Two important limits apply. The reverse onus generally applies on a public road, not on private property such as a parking lot. And it is not automatic fault: a driver can still rebut the presumption with evidence of reasonable care, and your compensation can be reduced if you are found partly responsible under Ontario's contributory negligence rules.

Source: Highway Traffic Act, s. 193(1). Confirm current wording on Ontario e-Laws: https://www.ontario.ca/laws/statute/90h08

The two claims still apply

An injured pedestrian can usually claim accident benefits through an auto policy (often their own, or another available policy) regardless of fault, and may have a tort claim against the at-fault driver for losses benefits don't fully cover. Our car accident page explains how accident benefits and tort claims work together.

How AK Lawyers handles these claims

AK Lawyers (Antonov Kaganovich LLP) is a Toronto personal injury firm that acts for injured people, never for drivers or their insurers. Here is how we approach a pedestrian claim: [CONFIRM all process points below with AK; remove any the firm does not do]

• We use the reverse onus to your advantage, while building the evidence (scene records, witnesses, video) that establishes how the collision happened.
• We prepare each case as though it will be decided by a judge. Most settle, but that level of preparation is what brings a fair offer to the table.
• We coordinate your accident benefits and your lawsuit, meeting every deadline so neither part of your claim slips.
• You are not just a file. You'll have a clear point of contact and plain-language updates on your case.
• Contingency fees. You don't pay legal fees unless your claim succeeds. The fee is a percentage set out in a written contingency-fee agreement at the start, which also explains how disbursements (case expenses) are handled.

The deadlines that apply after you are struck

Which deadline applies depends on the facts and the date you were struck, and missing one can close the door on a good claim. If you are not sure, a free call early is the safe move.

Serving Toronto & the Greater Toronto Area

Based in Toronto, AK Lawyers represents pedestrians injured across Toronto and the GTA, including Mississauga, Brampton, Vaughan, North York, and Scarborough. Many pedestrian collisions happen at busy intersections and crosswalks across the region. A lawsuit, if one is needed, is generally filed in the Ontario Superior Court of Justice.

Frequently asked questions

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