Pedestrian Accident Lawyer Toronto

Trusted Pedestrian Accident Lawyers

Getting hit while simply walking down the street is one of the most traumatic experiences a person can face. Whether it happens at a crosswalk, intersection, or even on the sidewalk, a pedestrian accident can leave victims physically, emotionally, and financially overwhelmed. At our firm, we understand the life-altering impact these events have—not just on the injured person, but on their entire family.

As experienced pedestrian accident lawyers, we have worked with countless individuals across Toronto who never imagined they’d find themselves in this situation. One moment you’re walking home from work or crossing the street with your child, and the next, everything changes. That’s why we approach each case with empathy, urgency, and a deep commitment to justice.

We Help You Access Full Accident Benefits

When a pedestrian is hit by a car, many victims don’t realize they’re entitled to accident benefits—even if they weren’t inside a vehicle at the time. These benefits can help cover medical treatment, rehabilitation costs, lost income, and even support services for long-term care. However, navigating insurance claims on your own is rarely straightforward.

We’ll handle the forms, meet every deadline, and deal with insurers, so you don’t have to navigate it all alone. We’ve seen insurance companies undervalue claims or deny them altogether, and we know how to push back. You’re entitled to the full legal protections Ontario provides—don’t settle for less.

These protections fall under Ontario’s system of statutory accident benefits, which ensures victims can access essential support no matter who was at fault.

Motor Vehicle Accident Benefits: SABs Explained

If you’ve been injured as a pedestrian, understanding statutory accident benefits (SABs) is essential. These no-fault benefits are available to anyone injured in a motor vehicle accident in Ontario, regardless of whether they were at fault or not, and even if the driver who hit them fled the scene.

SABs are designed to provide financial relief during recovery and cover a range of needs, including medical treatment, rehabilitation, attendant care, and income replacement benefits. Even pedestrians injured in a motor vehicle accident are eligible for key protections.

Additionally, non-earner benefits are available if your injuries prevent you from continuing your regular activities. For more severe injuries, like catastrophic impairments, you may qualify for enhanced coverage and longer-term support. However, while the system is designed to help, it can be complex and full of procedural traps.

Forms must be filled out accurately and submitted on time. Minor mistakes or delays could result in denials or reduced compensation. That’s why having a lawyer on your side isn’t just helpful—it’s strategic. Avanessy Giordano LLP can guide you through the paperwork, coordinate with insurers, and fight to maximize your claim.

Understanding the Severity of Pedestrian Injuries

Not all injuries are visible. After a collision with a vehicle, pedestrian injuries often include a mix of external wounds and internal trauma. These can range from cracked bones and severe bruising to concussions and long-term psychological distress. In some cases, these are serious injuries or even catastrophic.

One of the most devastating consequences of a serious pedestrian accident is spinal cord injury. Damage to the spinal cord can lead to partial or total paralysis, lifelong mobility issues, and significant emotional and financial strain. These cases require more than basic legal representation—they demand a lawyer who understands the full scope of what’s at stake.

Why You Need an Experienced Personal Injury Lawyer

When your health, future, and livelihood are on the line, you can’t afford to take chances. Working with knowledgeable personal injury lawyers who understand pedestrian claims gives you a real advantage. We don’t just understand the legal framework—we know how to build strong medical evidence, interview witnesses effectively, negotiate assertively, and present your case with clarity and compassion.

More than just paperwork and procedure, a personal injury case affects your health, income, and long-term security. That’s why we approach each matter with the full force of our experience, drawing on deep knowledge of personal injury law and court-tested strategy.

Our team of experienced lawyers builds strong, evidence-based claims because every detail matters. Whether you’ve sustained injuries from someone else’s negligence or are navigating complex legal process hurdles, we’re here to provide legal guidance at every step. With a lawyer-client relationship grounded in transparency and trust, we treat your future like it’s our own.

Pedestrian Accidents in Toronto: A Growing Concern

Despite Vision Zero and public awareness, Toronto continues to report high pedestrian collision rates. Many of these go unreported, distorting the scale of the crisis.

A 2024 study from York University found that roughly 9,700 pedestrians visited emergency departments between 2016 and 2021 due to street-related injuries. Even more concerning? Just 54% of these incidents were recorded by the Toronto Police Service, highlighting how frequently pedestrian accidents go unreported or underrepresented in official data.

That gap between injuries and reporting means the public rarely sees the full scale of the issue, and without awareness, meaningful change becomes harder to achieve. And while the city has committed to improving street safety through initiatives like Vision Zero, the reality is that the number of serious incidents remains alarmingly high.

In fact, Toronto Police data showed a 54% increase in pedestrian-involved collisions from January 1 to February 13, 2023, compared to the same timeframe the year prior. During those six weeks alone, an average of four pedestrians were struck by vehicles every single day. These aren’t just numbers—they represent lives permanently changed by the reckless or negligent actions of others.

Despite ongoing city efforts to improve pedestrian safety, the rate at which pedestrian accidents occur remains high. The Highway Traffic Act places a legal duty on drivers to yield to pedestrians at marked crossings, yet enforcement and accountability often fall short. That’s why so many pedestrian accident cases end up requiring legal action to ensure victims receive fair compensation.

Hit-and-Run Pedestrian Accidents

Few scenarios are as terrifying and frustrating as a hit-and-run. One moment, you’re walking along a street—maybe in a crosswalk, maybe on the sidewalk—and the next, a vehicle hits you and speeds away. There’s no apology, no exchange of information, and often no immediate way to identify the driver. These cases leave victims shaken, physically hurt, and emotionally outraged.

Fortunately, Ontario’s legal system offers ways forward. Victims of hit-and-run pedestrian accidents may still qualify for accident benefits through their own insurance policy (if they have one) or through Ontario’s Motor Vehicle Accident Claims Fund (MVACF). But these routes can be tricky to navigate without guidance. Filing a claim without knowing the identity of the at-fault driver presents unique legal hurdles, making timely legal advice critical.

Moreover, gathering witness testimony, nearby surveillance footage, or traffic camera data can help law firms reconstruct what happened. A lawyer can act quickly to preserve evidence that might otherwise disappear. After all, hit-and-run victims deserve the same justice and compensation as anyone else. And in the next section, we’ll address what happens if you, the pedestrian, are partly blamed for the accident.

Partial Fault in Pedestrian Accidents

It’s a common misconception that if a pedestrian is even slightly at fault—say, jaywalking or crossing against the light—they can’t pursue compensation. That’s not true. In Ontario, our legal system recognizes shared responsibility under the principle of contributory negligence. That means even if you were partly to blame, you may still be eligible for compensation. The only difference? The total award may be reduced by the percentage of fault assigned to you.

For example, if you’re found to be 25% at fault, your final compensation would be reduced by 25%. Still, receiving 75% of the damages is far better than walking away with nothing. That’s why legal representation matters here more than ever. A strong lawyer can challenge assumptions made by insurers or opposing counsel about your conduct and present a fuller picture of what actually happened.

This issue often arises in disputes over timing, crosswalk usage, or whether a pedestrian appeared suddenly. If your injuries are serious, but liability is unclear, you shouldn’t assume you don’t have a case. Up next, we’ll explain how Ontario law actually gives pedestrians a unique advantage—even when fault is in question.

Reverse Onus in Ontario Pedestrian Accidents

In Ontario, there’s a unique legal concept that benefits pedestrians: the reverse onus rule. In most personal injury cases, the burden of proof lies with the injured party. But not here. When a pedestrian is struck by a vehicle, the law presumes the driver is at fault—unless they can prove otherwise.

This shifts the pressure onto the motorist and their insurer. They must demonstrate they acted reasonably and weren’t negligent. For example, if a driver claims a pedestrian “came out of nowhere,” they must provide evidence to support that claim. This can be incredibly helpful for injured pedestrians who may not remember all the details due to trauma or unconsciousness.

But while reverse onus offers legal leverage, it doesn’t mean the case is automatically won. Insurers will still try to limit payouts, argue over damages, or deflect blame. That’s where a lawyer’s role becomes pivotal—gathering traffic camera footage, interviewing witnesses, and reconstructing timelines to prove negligence beyond assumption.

As you can see, Ontario law provides safeguards for pedestrians, but you need experienced legal guidance to activate them. Let’s now revisit the broader challenge many victims face: negotiating with insurers.

Navigating Insurance Challenges

Whether you’re filing for statutory accident benefits or challenging a lowball insurer offer, we’ll handle the legal complexity, even if you weren’t inside a vehicle at the time of the incident. These benefits can help cover medical costs, rehabilitation services, income replacement, attendant care, and more. Unfortunately, accessing them is often far from simple.

Auto insurance firms can make the process complicated and emotionally draining. They may downplay the severity of your injuries, dispute the nature of your accident, or delay critical support services. It’s a frustrating and unfair system—but it’s also one we know how to navigate.

Our team is here to ensure you’re treated fairly throughout your claim. We know what insurers look for, how to meet deadlines, and how to build compelling, well-documented applications that stand up to scrutiny. From filing paperwork to negotiating settlements, we advocate for you every step of the way.

Why Legal Representation Makes the Difference

Going up against insurance companies without a lawyer can leave you at a serious disadvantage. Their goal is to minimize payouts—ours is to protect your rights and maximize your compensation. We’ve handled complex cases involving everything from minor injuries to life-altering trauma, and we’re not afraid to challenge denials or undervalued claims.

When you’re recovering from a pedestrian accident, your focus should be on healing, not battling bureaucracy. Let us handle the legal legwork while you take the time you need to rebuild.

Common Pedestrian Injuries After a Motor Vehicle Collision

Common pedestrian injuries vary in severity, from bruises and facial injuries to catastrophic injuries like spinal cord trauma or limb loss. Often, these serious injuries result from sudden, high-impact car accidents or collisions involving large motor vehicles. If you’ve sustained injuries, even ones that seem minor, it’s critical to seek prompt medical assessment. Delayed treatment can affect recovery and weaken your personal injury claim later.

These injuries don’t always surface immediately. A person may initially feel “shaken up” but otherwise fine, only to discover internal bleeding or neurological symptoms days later. The human body is remarkably resilient, but in a pedestrian accident, it’s also terrifyingly fragile.

Brain Injuries

One of the most concerning outcomes of a vehicle-on-pedestrian collision is traumatic brain injury (TBI). The force of a car striking a person—especially if it causes them to hit the pavement or a nearby object—can result in brain swelling, bleeding, or long-term cognitive issues.

Not every brain injury leads to unconsciousness. In fact, many victims stay awake and even walk away from the scene, only to experience confusion, nausea, blurred vision, or mood swings hours later. Mild TBIs like concussions may resolve over time, but others lead to persistent headaches, memory loss, emotional regulation problems, or sensitivity to light and sound. For many, it’s like waking up in someone else’s body.

Families often notice subtle changes first: a sharp, analytical professional suddenly can’t follow a basic conversation. A loving parent becomes short-tempered. The ripple effects can touch every part of a person’s life, from work to relationships to self-esteem.

Spinal Cord Injuries

Spinal trauma is one of the most common causes of catastrophic injuries in pedestrian accident cases. The spine is essentially the body’s command highway. Disruption—whether through vertebral fracture, nerve compression, or full cord severance—can leave someone temporarily or permanently disabled.

These injuries might not always result in paralysis. Some people experience numbness, tingling, or radiating pain down their limbs. Others lose bowel or bladder control. And then some feel “off”—a lack of coordination, unstable gait, or recurring spasms they can’t explain.

Recovery is slow. It often requires physical therapy, occupational therapy, and psychological support. And it’s expensive. Very expensive. The financial toll can be staggering, especially when paired with lost wages or home renovation costs for accessibility.

Fractures and Broken Bones

Broken bones may sound less serious, but for pedestrians, they’re often complex. Unlike a clean wrist fracture from a fall, being hit by a car can shatter bones into fragments, requiring pins, rods, or plates to repair.

Compound fractures, where bone pierces the skin, carry infection risks and longer recovery periods. Pelvic fractures, often sustained when a vehicle hits someone side-on, can affect mobility for months or years.

What’s worse, healing doesn’t always mean returning to normal. Some people experience reduced range of motion, chronic pain, or instability even after the bone technically “heals.”

Internal Injuries

Internal injuries are some of the most insidious because they’re invisible—until it’s too late. A pedestrian might seem relatively unscathed at first glance, but could be suffering from internal bleeding, organ damage, or rib fractures puncturing vital systems.

The abdomen, chest, and head are common areas of concern. Injuries here may require surgery, ongoing imaging, and round-the-clock observation. Unfortunately, these aren’t always detected in the initial emergency room visit, especially if the victim was assessed quickly or discharged prematurely.

One of the biggest dangers is the assumption of safety. If you don’t feel pain, you might assume you’re okay. That’s why it’s essential to seek medical attention immediately after any impact, no matter how “minor” it seems.

Psychological Trauma

Physical wounds may heal, but psychological ones often linger long after casts come off and stitches dissolve. It’s not unusual for pedestrian accident victims—especially those with traumatic brain injuries—to develop post-traumatic stress disorder (PTSD), anxiety, or depression.

Nightmares, flashbacks, and a fear of walking near roads can disrupt daily life. Children may refuse to go outside. Adults might avoid sidewalks, busy intersections, or even driving. This emotional upheaval is real, and it can be just as disabling as a physical injury.

Yet mental health support is often overlooked or undervalued in insurance assessments. A qualified lawyer can help ensure these psychological injuries are acknowledged and compensated as part of your overall claim.

Amputations

Amputation is a life-altering outcome, and though rare, it does happen in high-speed or particularly violent pedestrian collisions. The loss of a limb—whether through surgical necessity or traumatic injury—changes everything.

Victims may require prosthetics, retraining, or home modifications. The emotional toll is steep, often involving identity loss, grief, or depression. And the cost? Astronomical. From specialized physical therapy to adaptive equipment, the financial impact can last a lifetime.

There’s also the social component. People stare. Friends grow distant. Returning to work may not be an option, depending on the field. In many ways, life divides into “before” and “after.”

Fatal Pedestrian Accidents and Car Accident Deaths

Tragically, not every pedestrian accident ends in survival. When a life is lost due to the negligence or recklessness of a driver, surviving family members are left behind to deal with not only emotional devastation, but also legal and financial uncertainty. This is where wrongful death claims come into play.

In Ontario, the Family Law Act allows close relatives—such as spouses, children, parents, siblings, or even grandparents—to pursue compensation if their loved one was killed due to another party’s wrongful act or neglect. These claims can cover funeral expenses, loss of companionship, loss of financial support, and even the value of care or guidance the deceased would have provided.

Of course, no amount of compensation can truly make up for a sudden, preventable loss. But holding the responsible party accountable can offer some measure of closure and a pathway to regain stability. Legal guidance is especially important in these cases, as the stakes are high and insurers may try to minimize liability.

Consequences of Pedestrian Accident Injuries

The aftermath of a pedestrian accident ripples outward like shockwaves from a blast. It’s not just about bruises and structural bone trauma. It’s about the career that gets interrupted, the kids that need care, the bills that keep piling up.

Some people lose their jobs. Others lose relationships. Time off for surgeries or therapy turns into unpaid leave, then unemployment. Activities you once loved—jogging, dancing, hiking—can become painful reminders of what was lost.

And let’s not forget the administrative headache: filing insurance claims, dealing with adjusters, coordinating medical records. When your entire life is upside down, navigating red tape feels nearly impossible.

What Injured Pedestrians Should Do Immediately After a Collision

What you do in the hours and days after being hit can significantly shape your recovery—legally, medically, and financially.

1. Seek Medical Attention Immediately: Even if you feel okay. Adrenaline masks pain. Let a professional evaluate you.
2. Call the Police: Always file a report. Your future claim may depend on it.
3. Document the Scene: Photos, videos, contact info from witnesses—capture everything, if you’re physically able.
4. Avoid speaking with the Driver’s Insurance Company: They may try to settle quickly or gather information to use against you.
5. Speak to a Lawyer as Soon as Possible: The earlier you get legal help, the stronger your position.

The key is speed and precision. Delay can compromise your case. But trying to manage everything alone? That’s a burden no one should carry.

Accident Benefits and Compensation

Pedestrian accident victims are typically entitled to statutory accident benefits under Ontario’s SABS system, whether or not the at-fault driver had insurance.

These benefits may include:

• Medical and rehabilitation expenses
• Attendant care benefits
• Income replacement
• Non-earner benefits
• Housekeeping and home maintenance support
• Death and funeral benefits (in tragic cases)

However, eligibility varies, and insurers often dispute the amount or scope of what’s covered. You may also have grounds to file a tort claim for additional compensation: pain and suffering, future income loss, loss of enjoyment of life, and more.

That’s where a detailed, evidence-backed legal strategy makes the difference. Sometimes pursuing a personal injury claim to recover damages might prove more effective, but it all depends on the specific circumstances.

The Role of a Pedestrian Injury Lawyer

A pedestrian injury lawyer does far more than file paperwork. They investigate. They challenge. They advocate.

Our role starts with listening. We gather your medical records, police reports, and financial documents. We work with healthcare providers to understand the long-term impact of your injuries. We calculate real, not theoretical, costs—and we push back against lowball offers.

A good lawyer protects your time and your dignity. We talk to insurers so you don’t have to. We help you understand your options at every step. And if settlement talks stall? We’re prepared to take your case to court.

If you’re unsure where to start, book a free consultation with our legal team—we’ll walk you through your options without any pressure. We walk you through the legal process so you’re never left in the dark.

Understanding Legal Fees in Pedestrian Injury Cases

One of the most common concerns after a pedestrian accident is the cost of hiring legal help. The good news? Most personal injury firms, including ours, work on a contingency fee basis. This means you don’t pay anything upfront—no legal fees unless we win your case.

Our compensation is a percentage of the final settlement or award, agreed upon in advance. This structure allows injured pedestrians to access experienced legal representation without financial risk. You focus on recovery while we focus on results. We’ll always be transparent about fees and ensure you understand exactly how they work from day one.

Book a Free Consultation With a Pedestrian Accident Lawyer Toronto Can Trust

If you’re navigating the fallout of a pedestrian accident, you deserve more than sympathy; you deserve action. Let us take care of the details while you focus on healing. Whether you’re dealing with mounting medical bills, unclear benefits, or stubborn insurance companies, we’ll stand in your corner.

We’ve had clients come to us confused, overwhelmed, and exhausted. It’s our job to simplify the legal maze and give you peace of mind. Reach out today for a free consultation. There’s no pressure, no commitment, just answers. And remember, you don’t pay unless we win. Talk to the Toronto personal injury lawyers at Avanessy Giordano today.