If you were hit by a car as a pedestrian in Ontario, you may be dealing with pain, medical appointments, missed work, insurance forms, and questions about what to do next. The most important steps are to get medical attention, report the collision, obtain the driver’s insurance information, apply for accident benefits, follow your treatment plan, and speak with a personal injury lawyer if your injuries are serious.
The driver’s burden in pedestrian accident claims
In Ontario, pedestrian accident cases are different from many other injury claims. Usually the plaintiff (the person who starts the lawsuit), bears the burden of proving that the defendant was negligent. When a pedestrian is struck by a motor vehicle, the law places a reverse onus on the driver. This means that the driver must show they were not negligent.
This does not automatically mean the driver is responsible for the collision. However, it does mean that pedestrian accident claims are subject to a different legal framework than many other negligence cases. Every case depends on its own facts. Issues such as visibility, road conditions, traffic signals, and the actions of both the driver and the pedestrian may all be relevant.
Seek medical attention right away
Even if your injuries seem minor, it is important to be assessed by a medical professional as soon as possible. Some injuries are not immediately obvious. Symptoms of a concussion, soft tissue injury, or psychological injury may not fully develop until hours or days later.
Prompt medical attention also creates a record of your injuries and symptoms, which may become important if you need ongoing treatment or pursue a legal claim.
Apply for accident benefits
Pedestrians injured by a motor vehicle in Ontario are entitled to accident benefits.
Accident benefits may help pay for medical and rehabilitation expenses, income replacement benefits, attendant care, and other supports depending on the circumstances and the nature of the injuries.
If you have your own automobile insurance policy, you will generally apply for accident benefits through your insurer.
If you do not have your own automobile insurance, you may be able to apply through the driver’s insurer. The driver’s insurance information ought to be included in the police report relating to the collision. Sometimes it may take the police a bit of time to complete the accident report. If possible, it is best to get a copy of the driver’s insurance information at the scene.
Because there are deadlines for submitting accident benefits forms, it is a good idea to begin the application process as soon as possible. You typically need to notify the insurance company of the accident within 7 days of the accident. There are exceptions depending on the circumstances. You then need to complete the paperwork the insurance company sends you within 30 days of receiving it. The sooner the paperwork is completed, the sooner you can access accident benefits to support your rehabilitation.
Follow your doctors’ recommendations
Attend your medical appointments and follow the treatment recommendations made by your health care providers. This may include:
- Physiotherapy
- Occupational therapy
- Psychological counselling
- Chiropractic treatment
- Exercise programs
- Other rehabilitation services
Following recommended treatment gives you the best chance of recovery. It also helps create an accurate record of your ongoing symptoms, limitations, and progress.
Consider speaking with a lawyer
Not every pedestrian accident requires legal representation. However, it is often a good idea to speak with a lawyer early if your injuries are serious or may have long-term consequences.
An experienced personal injury lawyer can help:
- Preserve important evidence
- Identify available insurance coverage
- Assist with accident benefits applications
- Obtain medical records and reports
- Communicate with insurers
- Protect your legal rights while you focus on recovery
Early legal advice can also help you avoid mistakes that may complicate a claim later.
Be aware of time limits
In many cases, a lawsuit arising from a pedestrian accident must be started within two years of the date of the collision.
There are circumstances where different limitation periods may apply. For example, special rules may apply when the injured person is a minor. Because limitation issues can be complex, it is important to obtain legal advice as early as possible if you believe you may have a claim.
Final thoughts
A pedestrian accident can affect every part of a person’s life, from physical health and employment to family responsibilities and independence. The most important steps after a collision are to seek medical attention, apply for available accident benefits, follow recommended treatment, and obtain legal advice if the injuries are serious.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
