Personal Injury & Disability

Navigating the complexities of pedestrian accident claims requires more than just knowing the law—it demands experienced legal guidance to protect your rights and ensure you receive the full compensation you deserve. 

Here’s why having a dedicated pedestrian accident lawyer in Toronto makes all the difference.

1. Reverse Onus Under Ontario’s Highway Traffic Act

In pedestrian-vehicle collisions, the driver is assumed at fault unless evidence proves otherwise. This reverse onus makes it easier for injured pedestrians to pursue compensation. But these cases nonetheless require a skilled legal approach to maximize results.

2. Statutory Accident Benefits (SABS) for Pedestrians

Ontario’s no-fault insurance system provides critical benefits to anyone injured in a pedestrian accident. These benefits apply to anyone injured by a vehicle driver or pedestrian, even in hit-and-run cases. Covered benefits include:

• Medical and rehabilitation costs
• Income replacement and non-earner benefits
• Attendant care, caregiver benefits, housekeeping
• Funeral and death benefits

3. Trial Experience Sets Us Apart

Many law firms advertise as having trial experience, but few go to court. At Boland Romaine, we have a record of courtroom success. We’re prepared to reject lowball offers and fight for what you truly deserve.

4. Maximum Compensation Through Multi-Faceted Claims

We help you claim:

• Statutory accident benefits regardless of fault
• Tort actions for pain and suffering, lost income, and home care
• Municipal liability claims when road conditions contributed to the accident
• Hit-and-run & uninsured driver claims through the no-fault and Motor Vehicle Accident Claims Fund

From collisions at busy intersections to hit-and-run incidents, pedestrian accidents come in many forms. Our experienced team at Affinity Law Firm handles a wide range of cases, ensuring strong legal support every step of the way.

1. Pedestrians Struck by Vehicles: Whether hit at crosswalks, sidewalks, or residential roads, these cases require careful reconstruction and legal strategy.
2. Hit-and-Run Pedestrian Accidents: We manage claims under your insurance policy or public funds to secure your benefits.
3. Distracted or Impaired Driving Collisions: We investigate phone records, surveillance, and police reports to prove negligence.
   Vehicle Backups & Turning Collisions: Pedestrians are often struck when drivers reverse or turn in parking areas.

Pedestrians are vulnerable on the road without protective barriers like seatbelts or airbags, making accidents often severe. Knowing the common causes helps in prevention and legal action. 

Common Causes of Pedestrian Accidents:

• Distracted Drivers, Especially Texting: Drivers distracted by smartphones or other devices frequently fail to notice pedestrians crossing streets or walking along roadways, leading to preventable crashes.
• Speeding and Failure to Yield: Speeding reduces a driver’s ability to stop in time, while ignoring traffic signs or failing to yield at crosswalks puts pedestrians at significant risk.
• Reversing Vehicles: Many pedestrian injuries happen when drivers reverse in driveways, parking lots, or residential streets without adequate visibility.
• Impaired or Drunk Driving: Intoxicated drivers have diminished reaction times and impaired judgment, increasing the likelihood of hitting pedestrians.
• Poor Visibility in Bad Weather: Fog, rain, snow, and darkness make it harder for drivers to see pedestrians, especially in areas with inadequate street lighting.
• Dangerous Road Design and Faulty Crosswalks: Unlit, poorly marked, or improperly maintained crosswalks and intersections contribute to confusion and accidents.
• Municipal Negligence: Local governments have a responsibility to maintain safe roads and walkways. Negligence, such as failure to clear icy sidewalks or repair potholes, can cause pedestrian falls or collisions.
• Collisions with Bicycles, E-Scooters, or E-Bikes: With increasing use of alternative transport, pedestrians face new risks from fast-moving bicycles and electric scooters, often on shared paths or sidewalks.

A specialized pedestrian accident law firm can guide you through complex claims and ensure you get the compensation you deserve.

Each pedestrian accident involves unique circumstances and multiple potentially liable parties—from negligent drivers to municipalities responsible for road safety. A skilled pedestrian accident lawyer conducts thorough investigations, gathers evidence, and pinpoints liability precisely. This expertise is essential for building a strong case that maximizes compensation.

Legal professionals understand Ontario’s laws and insurance systems, helping you navigate claims for statutory accident benefits, tort damages, or municipal liability. When municipalities or insurers resist responsibility, your lawyer advocates vigorously on your behalf, ensuring you are not left bearing the burden alone.

When a vehicle collides with a person, severe injuries often result:

Physical Injuries

• Traumatic Brain Injury (TBI)
• Spinal Cord Injuries, paralysis
• Fractures—arms, legs, hips
  Internal organ damage, bleeding
• Amputations or disfigurement
• Deep lacerations, bruising

Psychological Injuries

• PTSD, anxiety, depression
• Loss of enjoyment of life
• Cognitive and emotional trauma

Long-term care, adaptive equipment, caregiver support, and mental health treatment are often necessary.

Claims may include:

• Current and future medical care
• Lost gross income and future earning capacity
• Non-earner benefits if you were a student or a homemaker
• Pain and suffering—damages for physical and emotional distress
• Caregiver and attendant care
• Housekeeping and home maintenance
• Out-of-pocket expenses, travel to appointments
• Wrongful death damages, when a loved one is killed

Establishing a solid foundation for your claim is crucial to securing the compensation you deserve. Here’s a step-by-step guide on how to effectively gather evidence, document your injuries, and navigate the legal process with confidence.

1. Seeking Medical Care—Immediately

Medical documentation is essential. Seek treatment even for minor injuries, especially head or spinal trauma. Your records become key evidence.

2. Preserve the Scene

Photograph your injuries, road signs, skid marks, crosswalk conditions, and vehicle damage. Gather witness statements and driver information.

3. Police Report & Investigation

Filing a police report starts the legal process and creates official records. Our firm liaises with officers and investigators to support your case.

4. Gathering Evidence & Medical Records

We coordinate with your healthcare providers to acquire all necessary medical documents, diagnostic tests, and rehabilitation plans.

5. Working with Experts

We collaborate with accident reconstruction specialists, economists, and medical professionals to estimate total compensation.

6. Filing Insurance & Tort Actions

We pursue statutory accident benefits and negotiate with at-fault drivers or municipal insurers to recover maximum compensation.

7. Negotiation and Trial

If insurers refuse to pay fairly, we are ready to advance your case to court. Our team has the trial experience to deliver results in complex cases.

Yes, if negligence or failure to maintain safe road conditions contributed to your accident, you can sue a municipality. Municipalities have a duty to maintain safe public roads, sidewalks, and pedestrian crossings. Negligence, such as unsafe crosswalks, defective lighting, potholes, icy sidewalks, or inadequate snow removal, can lead to liability.

For example, poorly marked crosswalks or broken streetlights increase pedestrian risk. Untreated ice and snow during winter also create hazardous conditions, and municipal failure to address these hazards can result in accidents.

If you’ve been injured in such circumstances, it’s important to consult a pedestrian accident lawyer near you who can evaluate your case and help identify municipal negligence. He can guide you through the process of seeking compensation from the responsible parties.

Being involved in a hit-and-run pedestrian accident can be especially traumatic and frustrating. When a driver flees the scene without stopping to provide assistance or insurance information, it may seem like your chances of getting compensation are slim. However, even in these challenging situations, you still have options to pursue the financial support you need.

In Ontario, pedestrian victims of hit-and-run accidents can file claims through their own insurance policy’s Statutory Accident Benefits (SABS). These no-fault benefits cover essential medical treatment, rehabilitation costs, income replacement, and other necessary support regardless of who caused the accident. This means you don’t have to wait for the driver to be found or held accountable before receiving help.

Additionally, Ontario provides access to public funds such as the Motor Vehicle Accident Claims Fund (MVACF) to assist victims injured by unidentified or uninsured drivers, including hit-and-run cases. Our experienced pedestrian accident lawyers know how to navigate these claims to ensure you access every available source of compensation.

If you or a loved one has been injured in a hit-and-run pedestrian accident in Toronto, don’t hesitate to seek legal advice immediately. Searching for a reliable pedestrian accident attorney near me is the first step to protect your rights and ensure you receive the compensation you deserve. Time limits apply to these claims, and the sooner you act, the better your chances of a full recovery, both physically and financially.

• Get medical help and preserve your health records.
• Call the police and ensure an official report is filed.
• Photograph injuries and the scene.
• Collect contact details from witnesses and drivers.
• Do not admit fault. Let your lawyer handle any statements.
• Contact a personal injury lawyer right away—especially before contacting insurers.

• Local knowledge of Toronto roads, courts, and insurers.
• Established relationships with experts and investigators.
• Proven trial success in Toronto courts.
• Personalized service and accessibility.
• No-win, no-fee arrangements reduce financial risk.

Choosing the right lawyer ensures your case gets the dedicated, expert attention it deserves.

Pedestrian accidents can leave lasting physical, emotional, and financial scars. But the right support can make all the difference. At Affinity Law, we fight tirelessly to restore your life, dignity, and independence. We’re more than lawyers—we’re advocates who understand the personal journey you’re on.

You don’t just deserve compensation. You deserve someone who will listen, fight, and win for you.