Under Section 193 of the Ontario Highway Traffic Act, a “reverse onus” applies when a pedestrian is struck by a vehicle. This means the driver is legally presumed to be at fault unless they can prove otherwise. Injured pedestrians in Mississauga can also immediately claim Statutory Accident Benefits (SABS) for medical care, even if they do not hold an active auto insurance policy themselves.
Walking in busy Mississauga areas like Square One, Port Credit, or along Dundas Street can expose pedestrians to severe risks. When a pedestrian is struck by a motor vehicle, the physical injuries are often catastrophic, ranging from shattered bones to severe traumatic brain injuries. Because pedestrians have no physical protection, Ontario law affords them unique legal protections to ensure they receive immediate medical care and fair compensation.
One of the most important legal concepts in Ontario pedestrian accidents is the “reverse onus.” In a standard car-on-car collision, the injured party must prove the other driver was negligent. However, when a car hits a pedestrian, the law shifts the burden of proof. The driver must prove they acted reasonably and that the accident was unavoidable. Understanding this rule, alongside your right to no-fault accident benefits, is crucial for protecting your livelihood after a tragic intersection accident.
Step-by-Step Process in Mississauga
If you or a loved one are hit by a car while crossing the street, taking immediate and precise action is vital for both your physical recovery and your legal rights. Here is the standard process to follow in the Province of Ontario.
Step 1: Prioritize Safety and Call Peel Regional Police
Your physical safety is the absolute priority. Do not attempt to move if you feel severe pain, especially in your neck or back. Ask a bystander to call 911 immediately to dispatch Peel Regional Police and paramedics. A formal police report is critical evidence in pedestrian accidents. The police will investigate the scene, interview the driver, and potentially lay charges under the Highway Traffic Act or the Criminal Code for offences like careless driving.
Step 2: Gather Evidence at the Scene
If you are physically able, or if you have someone with you, collect information before leaving the intersection. Take photos of the vehicle, the licence plate, the crosswalk, traffic lights, and your visible injuries. Most importantly, obtain the driver’s insurance information and the contact details of any eyewitnesses. Eyewitness testimony is incredibly powerful for defeating a driver’s claim that you “darted out” into traffic unexpectedly.
Step 3: Apply for Accident Benefits (SABS)
In Ontario, anyone injured in a motor vehicle accident is entitled to Statutory Accident Benefits (SABS). If you have your own auto insurance (or are listed on a spouse’s/parent’s policy), you claim through them. If you do not have insurance, you can claim SABS through the insurance company of the driver who hit you. You must submit an Application for Accident Benefits (OCF-1) to the insurer within 30 days to secure funding for physiotherapy, income replacement, and attendant care.
Step 4: Initiate a Tort Claim at the Superior Court of Justice
SABS only cover specific economic losses up to a certain limit. To seek full compensation for pain and suffering, future loss of income, and overall loss of enjoyment of life, you must file a tort claim against the at-fault driver. A local Mississauga personal injury lawyer will handle drafting the Statement of Claim and filing it at the Superior Court of Justice, utilizing the reverse onus rule to maximize your settlement negotiations.
How Much Does it Cost in Mississauga?
Pursuing justice after a pedestrian accident does not require you to have significant out-of-pocket wealth.
| Cost Category | Average Amount (CAD) | Who Pays? |
|---|---|---|
| Legal Fees | Typically 30% – 33% | Paid as a contingency fee from the final settlement. No upfront costs. |
| Court Filing Fee | $320 (Statement of Claim) | Usually covered by your law firm as an upfront disbursement. |
| SABS Application | $0 | Free to apply, though medical clinics may bill for completing OCF forms. |
How Long Does the Process Take?
Timelines in Ontario pedestrian accidents are strict. You must notify the at-fault driver’s insurance company within 7 days of the accident to open a SABS claim. Furthermore, you must provide written notice of your intention to sue the driver within 120 days of the collision. The absolute statute of limitations to formally file your lawsuit in the Ontario courts is exactly 2 years from the date of the accident. Completing a tort claim typically takes 2 to 4 years.
Frequently Asked Questions (FAQ)
What if I was jaywalking when I was hit?
You can still sue and recover compensation even if you were crossing outside a designated crosswalk. However, the court may apply “contributory negligence,” meaning your total compensation could be reduced by a certain percentage based on your share of the blame.
What if the driver who hit me fled the scene (hit and run)?
If you cannot identify the driver, you can still seek compensation in Ontario. You can claim SABS through your own insurer, or if you are uninsured, through the Motor Vehicle Accident Claims Fund (MVACF), which provides up to $200,000 CAD for hit-and-run victims.
How does the “reverse onus” actually work in court?
Instead of you having to prove the driver made a mistake, the driver must prove to the judge or jury that they were driving perfectly safely and that the collision was completely unavoidable. If they cannot prove this, they are held liable.
Do I have to pay for the ambulance in Mississauga?
An ambulance ride in Ontario usually involves a co-payment of $45 CAD if deemed medically necessary. However, this cost is fully reimbursable through your Statutory Accident Benefits (SABS).
Can I claim compensation if my child was hit while walking to school?
Yes. Minors have the right to compensation. A parent or guardian can act as a “Litigation Guardian” to pursue a tort claim on the child’s behalf. Furthermore, the 2-year limitation period is generally paused until the minor turns 18 years old.
Leave a Reply