A Windsor pedestrian accident lawyer helps injured pedestrians pursue Accident Benefits and compensation from negligent drivers and other responsible parties. These claims may involve serious injuries, disputed liability, complex medical evidence, and difficult negotiations with insurance companies. Auger Hollingsworth Accident & Injury Lawyers provides legal advice and representation for injured pedestrians in Windsor and across Ontario.

A pedestrian accident claim can involve more than one legal process. An injured person may have access to Statutory Accident Benefits without proving fault. They may also be able to bring a Personal Injury claim against the driver whose negligence caused the collision.

Our legal team investigates the accident, gathers evidence, deals with insurers, documents the client’s losses, and pursues the compensation available under Ontario law.

Common Causes of Pedestrian Accidents in Windsor

Pedestrian accidents often occur when drivers fail to watch for people walking near an intersection, roadway, parking lot, or driveway. A pedestrian accident lawyer can examine police records, witness accounts, photographs, video footage, and other evidence to determine how the collision occurred.

Distracted Driving

Drivers must remain attentive to traffic signals, crosswalks, cyclists, and pedestrians. Looking at a phone, adjusting navigation controls, eating, or becoming distracted by passengers can prevent a driver from reacting in time.

A distracted driver may fail to notice a pedestrian entering a crosswalk. Distraction can also cause a driver to miss red lights, Stop signs, or changes in traffic flow.

Speeding

Speeding reduces the time available to identify and avoid a pedestrian. It can also increase the force of impact and the severity of the resulting injuries.

Drivers must adjust their speed for traffic, road conditions, poor visibility, and pedestrian activity. Driving at the posted limit may still be unsafe when weather or hazardous conditions require a lower speed.

Failure to Yield

Drivers must yield to pedestrians where required by the Highway Traffic Act. This may apply at pedestrian crossovers, school crossings, signal-controlled intersections, and other designated locations.

A driver may cause a collision by turning through an occupied crosswalk, entering from a driveway without checking the sidewalk, or proceeding before a pedestrian has safely cleared a pedestrian crossover. Pedestrians crossing with a walk signal generally have the right of way over vehicles.

Impaired Driving

Alcohol, cannabis, prescription medications, and illegal drugs can affect judgment, coordination, attention, and reaction time. An impaired driver may not see a pedestrian or may be unable to stop before impact.

A criminal charge may support the investigation, but a pedestrian’s civil claim is a separate legal action. A personal injury lawyer can review the available evidence and identify the parties that may be responsible.

Poor Weather Conditions

Rain, snow, fog, ice, and glare can create poor visibility. Drivers must adjust their speed and attention to the conditions.

Bad weather does not automatically excuse negligent driving. A driver may still be responsible for travelling too quickly, following too closely, or failing to maintain a proper lookout under hazardous conditions.

Common Injuries in Pedestrian Accidents

Pedestrians Crossing

Pedestrians have little physical protection when struck by motor vehicles. Even a collision at a relatively low speed can cause significant injuries that require emergency treatment, surgery, rehabilitation, or long-term care.

The full impact may not be known immediately. Medical assessments and ongoing treatment records can help establish the nature of the injuries, prognosis, functional restrictions, and future care needs.

Traumatic Brain Injuries

A pedestrian may suffer a traumatic brain injury after striking the vehicle, pavement, or another object. Symptoms may include headaches, dizziness, memory problems, fatigue, mood changes, sensitivity to light, and difficulty concentrating.

A brain injury may affect employment, education, relationships, and daily activities. Some symptoms may appear after the initial emergency assessment, making follow-up care important.

Fractures or Broken Bones

Fractures and Broken Bones commonly affect the legs, arms, pelvis, ribs, hips, and facial bones. These injuries may require casting, surgery, implanted hardware, physiotherapy, or mobility aids.

Severe fractures and other orthopaedic injuries can restrict walking, standing, lifting, driving, and working. Some injured pedestrians experience chronic pain, reduced range of motion, or permanent impairment.

Spinal Cord Injuries

A pedestrian collision may damage the vertebrae, discs, nerves, or spinal cord. The consequences can range from persistent neck or back pain to partial or complete paralysis.

Spinal injuries may require surgery, rehabilitation, attendant care, assistive devices, and home modifications. Medical specialists and rehabilitation professionals may be needed to assess long-term needs.

Internal Injuries

Blunt-force trauma can damage the lungs, liver, kidneys, spleen, or other organs. Internal bleeding may not be immediately visible and can become life-threatening without prompt treatment.

A pedestrian should seek medical attention after a serious motor vehicle accident, even when external injuries appear limited. Medical records also help connect the diagnosed injuries to the collision.

Understanding Liability in Pedestrian Accidents

Pedestrian Accident

Understanding Liability in Pedestrian Accidents

Liability depends on the conduct of everyone involved and the circumstances of the Motor Vehicle Collision. Evidence may include the police report, witness statements, traffic-camera footage, dashcam recordings, vehicle data, photographs, road measurements, and medical documentation.

Under section 193 of Ontario’s Highway Traffic Act, when a pedestrian is injured by a motor vehicle on a highway, the driver or owner may have the burden of proving that the loss did not arise through their negligence or improper conduct. The facts of each case still require careful investigation.

Potential examples of driver negligence include:

  • Failing to yield at crosswalks or pedestrian crossovers.
  • Turning without checking for pedestrians.
  • Driving through red lights or Stop signs.
  • Speeding or driving too quickly for the conditions.
  • Driving while distracted or impaired.
  • Entering or leaving a driveway without checking the sidewalk.
  • Failing to use headlights in poor visibility.
  • Failing to maintain proper control of the vehicle.

A pedestrian may also be found partly responsible in some circumstances. Ontario’s Negligence Act permits the court to divide fault when more than one person contributed to the loss. Any compensation awarded may be reduced according to the pedestrian’s share of responsibility.

The fault determination rules used by insurance companies are not always the same as the legal test applied in a lawsuit. Insurers use regulatory rules to determine their insured driver’s degree of fault for certain insurance purposes. A civil claim examines negligence and the evidence surrounding the pedestrian accident.

The Benefits of Hiring a Pedestrian Accident Attorney

A pedestrian accident Lawyer can manage the legal and insurance issues while the injured person focuses on medical treatment. The lawyer can identify applicable deadlines, obtain evidence, communicate with adjusters, and assess the value of the claim.

Legal services may include:

  • Reviewing the circumstances of the car accident.
  • Identifying available insurance policies.
  • Obtaining the police report and accident scene evidence.
  • Interviewing witnesses.
  • Preserving surveillance or traffic-camera footage.
  • Reviewing medical records and expert reports.
  • Applying for Statutory Accident Benefits.
  • Calculating income loss and future financial needs.
  • Communicating with insurance companies.
  • Responding to denied or reduced insurance claims.
  • Negotiating a settlement.
  • Starting a lawsuit when legal action is required.
  • Preparing the case for mediation, discovery, or trial.

Insurance companies may request statements, medical examinations, treatment records, or other information. A Personal Injury lawyer can explain which requests are required and protect the client’s interests throughout the legal process.

Why Choose Our Pedestrian Accident Lawyers in Windsor

Real Support Throughout the Process

Our lawyers explain each stage in clear language. We help clients understand medical documentation, insurer requests, treatment plans, settlement discussions, and litigation steps.

We also communicate directly with insurance companies. This can reduce the pressure on clients who are managing pain, medical appointments, financial concerns, and family responsibilities.

No Matter Where You Are in Ontario, We’re Here for You

Auger Hollingsworth represents injured people throughout Ontario. Meetings may be available by telephone, video conference, or in person, depending on the client’s needs and circumstances.

Clients do not need to manage the claim alone because they live outside an office location or have difficulty travelling. We can arrange a practical way to discuss the case and obtain the required documents.

Your Case Matters to Us—Not Just the Settlement

A pedestrian accident claim is about more than a financial result. It must account for the person’s treatment, recovery, work limitations, care requirements, and future needs.

Our lawyers take the time to understand how the injuries affect the client’s daily life. We use that information to build a claim supported by medical, employment, and financial evidence.

Compensation for Pedestrian Accident Victims

Compensation depends on the injuries, available coverage, evidence of negligence, financial losses, recovery, and long-term prognosis. Each claim must be assessed individually.

A pedestrian may have access to two main forms of recovery: Accident Benefits and a claim against the at-fault party.

The Statutory Accident Benefits Schedule is a regulation under Ontario’s Insurance Act. It provides benefits to eligible people injured in auto accidents, including pedestrians, without requiring them to prove that another person caused the collision.

Depending on the accident date, the applicable insurance policy, and the person’s eligibility, Statutory Accident Benefits may include:

  • Medical and rehabilitation funding.
  • Attendant care benefits.
  • Income-related benefits where available and applicable.
  • Caregiver or housekeeping benefits in qualifying cases.
  • Expenses for certain family visits.
  • Lost educational expenses.
  • Death and funeral benefits in fatal cases.

Ontario’s auto insurance coverage changed on July 1, 2026. Medical, rehabilitation benefits, and attendant care coverage remains mandatory, while other Accident Benefits may depend on the optional coverage purchased under the relevant policy. The policy and accident date must be reviewed before entitlement can be determined.

Medical/rehabilitative benefits may help pay for approved treatment and recovery services that are not covered elsewhere. This can include physiotherapy, occupational therapy, psychological treatment, assistive devices, assessments, and rehabilitation planning.

A lawsuit against an at-fault driver may seek additional damages, including compensation for:

  • Pain and suffering.
  • Past and future lost wages.
  • Reduced earning capacity.
  • Health care and rehabilitation costs.
  • Future medical expenses.
  • Attendant care and personal support.
  • Housekeeping and home-maintenance losses.
  • Out-of-pocket medical bills.
  • Family care claims where permitted.
  • Other losses caused by the collision.

Ontario law places rules and restrictions on claims arising from auto accidents. Eligibility for particular damages depends on the evidence and applicable provisions of the Insurance Act.

Steps to File a Pedestrian Accident Claim

The claims process may involve strict notice requirements, insurance forms, and a statute of limitations. Taking early action can help preserve evidence and prevent avoidable delays.

The usual steps include:

  1. Get medical care. Attend the hospital, family doctor, or another appropriate health-care provider. Report all symptoms and follow treatment recommendations.
  2. Report the collision. Contact the police when required. Obtain the officer’s information, occurrence number, and accident report when available.
  3. Gather evidence. Take photographs of the accident scene, vehicle, crosswalk, traffic signals, injuries, clothing, and surrounding conditions.
  4. Collect witness information. Obtain names, telephone numbers, and email addresses from anyone who saw the collision or its aftermath.
  5. Preserve documents. Keep medical records, receipts, employment information, photographs, correspondence, and notes about symptoms and recovery.
  6. Notify the appropriate insurer. The current Accident Benefits application states that an insurer should generally be notified within seven days of the accident, or as soon as reasonably possible when that cannot be done. The application is generally due within 30 days after receiving the package, subject to the rules governing delays.
  7. Identify the correct insurer. A pedestrian without personal auto insurance may still qualify for Accident Benefits. The responsible insurer depends on the available policies and statutory priority rules. The Motor Vehicle Accident Claims Fund may be a last-resort option where no other insurance is available.
  8. Speak with a lawyer. A pedestrian accident lawyer can review liability, coverage, deadlines, and potential damages before evidence is lost.
  9. Document the losses. Maintain records of lost wages, treatment costs, travel expenses, medical bills, care needs, and other financial effects.
  10. Begin legal action when required. Ontario generally has a two-year basic limitation period for many court claims, calculated from when the claim was discovered. Exceptions may apply, so the deadline should be reviewed by a lawyer rather than assumed.

FAQs

What should I do after a pedestrian accident?

Call 911 if emergency help is needed and move to a safe location when possible. Seek medical attention, even if your injuries seem minor.

Also:

  • Obtain the driver’s contact, licence, plate, and insurance information.
  • Collect witness details.
  • Photograph the scene, vehicle, traffic controls, and injuries.
  • Get the police occurrence number.
  • Keep damaged clothing and personal items.
  • Notify the appropriate insurer.
  • Speak with a personal injury lawyer before giving a recorded statement.

Do not rely on verbal promises that your expenses will be paid. Keep records and submit the claim through the proper insurance and legal process.

Can a pedestrian sue after being hit by a car?

A pedestrian may be able to sue if a driver’s negligence caused or contributed to the collision. Damages may include pain and suffering, lost income, treatment costs, and future care needs.

The pedestrian may also qualify for Accident Benefits, regardless of fault. If the pedestrian was partly responsible, compensation may be reduced.

How much compensation can a pedestrian receive in Ontario?

There is no standard amount. Compensation depends on the severity and permanence of the injuries, recovery time, income loss, treatment and care needs, insurance coverage, and the allocation of fault.

A lawyer must review the medical, employment, and financial evidence before estimating the value of the claim.

Book a Consultation with a Windsor Pedestrian Accident Lawyer

A pedestrian accident can leave an injured person facing medical treatment, reduced income, insurance paperwork, and uncertainty about the future. Early legal advice can help identify the correct insurer, protect evidence, meet deadlines, and determine whether a lawsuit should be started.

Auger Hollingsworth Accident & Injury Lawyers represents pedestrians injured in Windsor and throughout Ontario. Contact us to book a free, no-obligation consultation with a Windsor pedestrian accident lawyer and learn about the options available for your claim.

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