Who is Liable for a Pedestrian Accident?

Pedestrian accidents are among the most serious motor vehicle accidents, often leading to severe or even catastrophic injuries. When a collision occurs between a vehicle and a pedestrian, determining liability for personal injury can be complex, as multiple parties may be involved. Personal injury law in Ontario places a strong duty of care on drivers, but pedestrians also have responsibilities to follow traffic safety laws.

A Quick Glimpse Into Pedestrian Accident Statistics

Pedestrian accidents remain a serious concern in Toronto, continuing to claim lives despite ongoing safety initiatives. According to Toronto Police, 30 people have lost their lives on city roads in 2024 as of early September. This includes twelve pedestrian accidents victims, eight motorists, six cyclists, and four motorcyclists. By comparison, there were 25 traffic-related fatalities by the same point in 2023.

The City of Toronto first introduced its Vision Zero Road Safety Plan in 2016, aiming to eliminate fatal injuries and serious injuries sustained by accidents involving pedestrians and other road users. Despite increased funding, $79 million allocated to traffic safety act in 2024, up from $72 million in 2023, pedestrian accidents continue to occur. Recent studies indicate that over a 5-year period, there were approximately 9,700 emergency department visits due to pedestrian accidents in Toronto. However, official Toronto Police Service data captured only 54% of these incidents, meaning the actual number of injured pedestrians may be higher.

The ongoing trend highlights the importance of pedestrian safety measures, traffic law enforcement, and personal injury claims for victims of pedestrian crashes. If you or a loved one has been involved in a pedestrian motor vehicle accident, seeking legal representation from an experienced injury lawyer can help you navigate the claims process, recover medical expenses, and secure financial compensation for serious or lost wages.

At Grillo Law, we understand the impact of catastrophic injuries from pedestrian car accidents and are committed to helping victims obtain maximum compensation. Contact us today for a free consultation to discuss your personal injury claim and explore your legal options.

Determining Who is Liable in Pedestrian Accidents

Liability in pedestrian accidents depends on the specific circumstances surroundings the collision. In Ontario, the Highway Traffic Act places a reverse onus on the driver involved in the pedestrian accident, meaning the at-fault driver must prove they were not negligent. However, liability is not always straightforward, as both the pedestrian and the driver may share responsibility for the accident.

When is the Driver Liable?

A driver’s responsibility is to exercise reasonable care while operating their vehicle. If they fail to do so and hit a pedestrian, they can be held liable for any injuries sustained. A driver may be found at fault in situations involving:

• Distracted driving, such as texting or using a phone
• Speeding or failing to obey traffic laws
• Running a red light or failing to yield at a pedestrian crossing
• Driving under the influence of drugs or alcohol
• Failing to check blind spots before turning or reversing

When is the Pedestrian Liable?

While drivers have a legal duty to avoid pedestrian accidents, pedestrians must also follow traffic laws and act responsibly. A pedestrian may be found partially at fault in cases involving:

• Jaywalking or crossing outside of a designated crosswalk
• Walking against traffic signals (e.g., crossing at a red light)
• Failing to check for approaching vehicles before crossing
• Suddenly running into the road, giving drivers no time to react
• Being distracted while walking, such as texting or wearing noise-canceling headphones

Shared Liability and Contributory Negligence

In some pedestrian accident cases, both the driver and the pedestrian may be responsible. This is known as contributory negligence, where liability is divided based on the degree of fault. For example, if a pedestrian was jaywalking but the driver was speeding, the court may find both parties responsible, reducing the compensation pedestrians can recover.

Vehicle Drivers

In Ontario, the law places a reverse onus on drivers involved in pedestrian accidents, meaning the at-fault driver is presumed liable unless they can prove otherwise. This provision, outlined in the Highway Traffic Act, ensures that motor vehicle drivers exercise reasonable care to prevent accidents involving pedestrians.

Drivers must remain alert, obey traffic laws, and adjust their behaviour in high-risk areas such as pedestrian crossings, school zones, and urban areas with high foot traffic. If a driver was speeding, distracted, or impaired at the time of the collision, they could be held fully responsible for any injuries sustained by the pedestrian accident victims.

Property Owners

In some pedestrian accident cases, property owners may also share liability if poor maintenance or hazardous conditions on their property contribute to a pedestrian motor vehicle accident. For example, if a slippery sidewalk, blocked walkway, or poor lighting leads to a collision, the property owner may be partially responsible for the accident victims’ medical expense, lost wages, and other damages.

When Can a Property Owner Be Liable?

• Negligent Maintenance: Cracked sidewalks, potholes, or debris creating tripping hazards.
• Obstructed Views: Overgrown vegetation blocking the visibility of oncoming vehicles at a crosswalk.
• Poor Lighting: Dimly lit parking lots or unmarked crosswalks that make it difficult for drivers to see pedestrians.
• Failure to Remove Snow and Ice: Slippery conditions can cause pedestrians to slip into traffic, increasing the risk of a serious injury.

The Pedestrian

While drivers have a duty to exercise reasonable care, pedestrians are also responsible for their own safety. If an injured pedestrian contributed to the accident by acting negligently, such as jaywalking or walking while distracted, their financial compensation or insurance coverage may be reduced due to contributory negligence. A pedestrian may share liability in cases where they are: jaywalking, ignoring traffic signals, walking while distracted, or impaired with alcohol or drugs.

How to Prove the Negligence That Caused a Pedestrian Accident

To recover financial compensation in a pedestrian car accidents case, the injured pedestrian (or their personal injury lawyer) must establish that the driver acted negligently. This requires proving the following key elements:

1) Duty of Care: The driver had a legal responsibility to exercise caution and follow traffic laws to keep the pedestrian safe.

2) Breach of Duty: The driver failed to uphold their duty by speeding, distracted driving, failing to yield, or driving recklessly.

3) Causation: The driver of pickup truck’s negligence directly caused the accident and the injuries sustained by the pedestrian.

4) Damages: The pedestrian suffered injuries, lost wages, or medical bills or expenses, or other financial losses due to the accident.

Evidence is crucial in proving fault and establishing liability in pedestrian accident claims. Some of the most important evidence includes:

• Police reports
• Witness statements
• Traffic camera footage or dash cam video
• Medical records
• Accident reconstruction reports

Why a Thorough Investigation by a Pedestrian Accident Lawyer is Necessary

While insurance companies may conduct their own investigation, they often seek to minimize payouts and may attempt to shift blame onto the injured pedestrian. A skilled personal injury lawyer will work to counteract these tactics and protect rights to recover compensation.

A pedestrian car accident lawyer will:

• Gather crucial evidence such as video footage, policy reports, and medical records
• Consult accident reconstruction experts to prove negligence
• Identify all liable parties, including multiple parties such as the at-fault driver, property owners, or municipalities
• Handle all communications with the insurance company to ensure fair settlement negotiations
• Pursue a pedestrian accident lawsuit if a fair settlement is not offered

If you or a loved one has been injured in a pedestrian car accident, seeking legal representation early in the process is crucial. At Grillo Law, our experienced personal injury lawyers are dedicated to helping accident victims navigate the legal process and secure the compensation they deserve. Contact us today for a free consultation.