Trusted Pedestrian Accident Lawyers in Toronto & North York.

Pedestrians have no airbag, no seatbelt and no steel frame. When a driver turns left without looking, rolls through a right turn on a red light, or speeds through a crosswalk, the person on foot takes the full force of the impact. The injuries we see after these collisions — fractures, head and brain injuries, spinal injuries, internal injuries and lasting psychological harm — are often more serious than in collisions between two vehicles, and recovery can take months or years.

MAZI LAW is a personal injury firm at Yonge Street and Sheppard Avenue in North York, a short walk from Sheppard-Yonge subway station. We represent pedestrians hit across Toronto — downtown, in North York, Scarborough, Etobicoke and East York — and throughout the Greater Toronto Area. Below we explain how Ontario law treats pedestrian collisions, who pays for your treatment, what you can claim from the driver, and the deadlines you need to know about.

In most negligence cases, the injured person has to prove the other side was careless. Pedestrian cases are different. Section 193 of Ontario's Highway Traffic Act says that when someone suffers loss or damage because of a motor vehicle on a highway, the owner or driver of that vehicle must prove the loss did not arise from their negligence or improper conduct. This is called a reverse onus, and it gives injured pedestrians an important head start.

"Highway" in this context is broad: it covers public streets and roads, including the sidewalks and boulevards alongside them. The Act also defines a motor vehicle to include a streetcar, so the same rule applies when a TTC streetcar strikes a pedestrian. The reverse onus does not apply to collisions between two vehicles, or to claims by passengers, and it generally does not apply on private property such as a plaza parking lot or a driveway — but a driver who hits you there can still be held responsible under ordinary negligence law.

The reverse onus is not the end of the analysis. A court can still find that a pedestrian shared some responsibility — for example by crossing mid-block in dark clothing or stepping out against a signal — and reduce compensation by a percentage. That is why the evidence gathered in the first days after a collision matters so much, and why insurers often try to shift blame onto the pedestrian early on.

Every pedestrian injured by a car in Ontario can apply for statutory accident benefits, which are paid regardless of who caused the collision. You do not need to own a vehicle or hold a driver's licence. The insurer that pays is set by priority rules in the Insurance Act: generally your own auto policy first (or a spouse's or parent's policy if you are their dependant); if no one in your household has auto insurance, the insurer of the vehicle that hit you; and if no insurance is available at all — for example an uninsured or unidentified driver — the province's Motor Vehicle Accident Claims Fund.

Insurers frequently place pedestrians in the Minor Injury Guideline, deny treatment plans, or cut off benefits after an insurer examination. If that happens, the dispute goes to the Licence Appeal Tribunal, and it must be started within two years of the insurer's refusal. MAZI LAW has obtained Tribunal decisions reversing denials of treatment, assessments and benefits — you can read them on our decisions page.

Accident benefits rarely cover everything a serious pedestrian injury costs. If the driver was at fault in whole or in part, you can also bring a tort claim — a lawsuit against the driver and vehicle owner, which their insurer defends. Depending on your injuries, it can include:

• Pain and suffering (general damages), where your injury is a permanent and serious impairment of an important physical, mental or psychological function, or a permanent serious disfigurement. For 2026, a statutory deductible of $47,913.01 applies to awards below $159,708.71.
• Past and future loss of income and loss of earning capacity, including amounts not covered by accident benefits
• Future care and treatment costs, home and vehicle modifications and housekeeping help
• Family Law Act claims for close family members who lose care, guidance and companionship or who spend time caring for you

Our pain and suffering lawyers build the medical evidence needed to meet the legal threshold, and for life-altering injuries our catastrophic injury team pursues the designation that unlocks the highest level of benefits.

Darkness, rain and winter glare make many of these collisions worse between November and March, when pedestrians are hardest to see. The City of Toronto's Vision Zero road safety plan targets exactly these risks — but when a driver's carelessness still causes an injury, you are entitled to be compensated.

1. 1

   Get medical attention

   Call 911 or go to the nearest emergency department, even if you feel able to walk away. Adrenaline hides pain, and head and soft-tissue injuries often appear hours or days later.

2. 2

   Make sure police are involved

   Collisions involving injury must be reported to police. Note the officer's name and the incident number so the report can be obtained later.

3. 3

   Record the driver, vehicle and witnesses

   Licence plate, driver's name, insurer and policy number, plus names and phone numbers of anyone who saw the collision. Ask nearby businesses whether their cameras recorded it — many systems overwrite footage within days.

4. 4

   Photograph the scene

   Traffic signals, crosswalk markings, lighting, weather, the vehicle's position and your injuries. Keep the clothes and shoes you were wearing.

5. 5

   Notify an auto insurer within 7 days

   Ontario's accident benefits rules ask you to give notice within seven days, or as soon as practicable, and to return the application within 30 days of receiving the forms.

6. 6

   Speak with a lawyer before giving statements

   The driver's insurer may call quickly and ask for a recorded statement. A short conversation with us first protects your claim — the consultation is free.

• 7 days — notify an auto insurer that you intend to claim accident benefits (or as soon as practicable).
• 30 days — return the accident benefits application after you receive the forms.
• 120 days — give the at-fault driver written notice of your intention to sue (late notice is not always fatal, but it should be avoided).
• 2 years — start a lawsuit, generally from the date of the collision; and separately, start a Licence Appeal Tribunal application within two years of any benefit refusal.

If your fall or collision involved a defective road, sidewalk or crossing maintained by the City, much shorter notice rules can apply — see our guide to the 10-day notice rule for City of Toronto property.

Pedestrian accident lawyer Toronto — FAQs