The Challenges of Pedestrian Accident Liability in Ontario
Pedestrian accident claims in Ontario are often assumed to be straightforward. The law places a reverse onus on drivers under the Highway Traffic Act. When a pedestrian is struck, the driver must prove that they were not negligent. But as our recent case showed, liability can be far more complicated.
Our pedestrian accident lawyers represented a client that was crossing a busy roadway after dark when she was struck by a vehicle. The defence argued that she was jaywalking outside of a crosswalk and claimed the collision was unavoidable. They even hired an engineer to support their theory. The defence sent threatening letters before litigation, warning her not to pursue her claim. The defence said it would claim significant costs against this seriously brain injured mother.
How We Build the Case Against the Defence
We refused to accept the defence’s version of events. Instead, we conducted a thorough investigation:
- Transit maps and bus schedules: We obtained transit schedules and matched them up to timing of 911 calls and witness testimony to reflect where our client had been dropped off and where she needed to go to catch the bus home. The shortest and most logical route was through the crosswalk — not by jaywalking across the roadway.
- Witness accounts: Independent witnesses confirmed that several pedestrians crossed safely just ahead of our client. They also confirmed that she was not running as the defence claimed. These lay person testimonies that we pursued were crucial to success.
- Cellphone records: We obtained logs from the defendant driver’s cellphone provider. The records indicated that the driver may have been on the phone at the time of the accident. The records raised serious questions about whether the driver was distracted at the critical moment.
This evidence painted a very different picture: our client was following a logical path toward her bus stop, and the driver failed to exercise proper care.
Catastrophic Impairment Settlement: Securing Lifetime Care
Before the case even began, we achieved a critical milestone: assessors retained by our firm found that our client was catastrophically impaired under Ontario’s accident benefits system. This allowed us to secure a significant settlement based on lifetime care and rehabilitation needs.
This early success meant our pedestrian accident client had the financial resources to access treatment, attendant care, and rehabilitation services while the case continued. It also gave her the stability and confidence to press forward against the defendant.
Mediation and Tort Resolution
By the time the case reached mediation, both sides had assembled extensive evidence. The defence relied on technical reports and argued the collision was unavoidable. We emphasized the transit evidence, eyewitness testimony, 911 calls, cellphone records and the devastating impact of the injuries.
Liability was hotly contested for this pedestrian accident and the outcome at trial would have been uncertain. Through strong advocacy and careful preparation, we were able to resolve the case for a significant sum of money following mediation. Combined with the earlier catastrophic impairment settlement, our client now has the resources to move forward with the care and support she needs.
What This Means for Injured Pedestrians
This case demonstrates that:
- Even when liability is disputed, Ontario law protects pedestrian accident victims.
- Careful investigation — including transit records, witness statements, emergency calls and cellphone records — can make all the difference.
- Securing catastrophic impairment benefits early can provide stability while the tort case unfolds.
- Threatening letters from insurers should not stop you from pursuing a legitimate claim.
- With persistence and skilled representation, even complex cases can be resolved successfully.
Take Action
If you or a loved one has been injured in a pedestrian-motor vehicle accident in Ontario, our Toronto personal injury lawyers can help you secure both accident benefits and tort compensation. Contact us today for a free consultation and let us fight for the justice and support you deserve.
