Who is at fault when a car hits a pedestrian in Canada?
Provincial highway traffic laws place a reverse onus on the driver. Under Ontario's Highway Traffic Act s.193 (and equivalents in other provinces), once a pedestrian proves they were struck by a motor vehicle, the driver must prove the collision was NOT caused by their negligence. This makes pedestrian claims strong, though the pedestrian's damages can still be reduced for contributory negligence (e.g. jaywalking).
Can I claim if I was jaywalking?
Yes, but your damages may be reduced for contributory negligence. Canada uses pure apportionment, so even a jaywalking pedestrian who is found partly at fault still recovers the driver's share. Courts often assign drivers a large share because of the reverse onus and their duty to keep a proper lookout.
What accident benefits can an injured pedestrian claim in Canada?
In most provinces, a pedestrian struck by a vehicle can access statutory accident benefits (SABS in Ontario) through the vehicle's insurer or their own auto policy, covering medical/rehabilitation, income replacement, and attendant care, regardless of fault. A separate tort claim against the at-fault driver covers pain and suffering and excess losses.
What if the driver fled (hit and run)?
If the driver is unidentified or uninsured, you may still recover through your own uninsured/unidentified motorist coverage or a provincial fund (e.g. Ontario's Motor Vehicle Accident Claims Fund). Report the collision to police immediately and notify your insurer promptly to preserve these rights.