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.