Pedestrian Hit by Car in Ontario? How to Get SABS, File a Lawsuit, and Claim Compensation

If you were a pedestrian that was hit by a car in Ontario, you might not be sure how the law applies to your accident and it can seem overwhelming.

You’re juggling medical care, time off work, and insurance forms while wondering who pays. 

This guide explains SABS, tort lawsuits, limitation periods, and how WVGB builds strong pedestrian accident claims from day one.

What to do Immediately After Being Hit by a Car

Call 911 so paramedics and police document the crash. Early medical records will later support your injury claim. If you can, take photos and gather witness contacts, as these details strengthen your case. 

For personal injury law in Ontario, section 193(1) of the Highway Traffic Act creates a reverse onus of proof in pedestrian accidents. This means the driver must prove the collision was not caused by their negligence, making it easier for injured pedestrians to establish liability.

Can You Access SABS if You Don’t Own a Car?

Yes, Ontario’s no-fault insurance lets injured pedestrians claim benefits even without their own policy. 

You usually apply through the driver’s insurer; if that isn’t possible, you may claim through your insurer or, in specific scenarios, the MVACF. If you’re unsure where to file first, our Ottawa personal injury lawyers can help you complete the right OCF forms.

What SABS Typically Covers for Pedestrians

SABS covers core needs while you recover. 

That includes medical and rehab treatment, income replacement, and attendant care if daily tasks are hard. 

Reasonable out-of-pocket costs (like travel to therapy) can also be covered.

When injuries are serious, your team may pursue catastrophic impairment recognition to unlock higher limits and additional benefits.

When and How to File a Tort Lawsuit (and the Deadline)

If SABS won’t make you whole, you can pursue a tort claim against the at-fault driver. In most cases, you have two years from the collision to sue, subject to limited exceptions. 

To avoid deadline traps, review our quick guide to the car accident claim time limit in Ontario and the broader statute of limitations.

We typically start building the case within months, then issue when injuries and prognosis are clearer.

From there, you’ll move through steps like examination for discovery, and, if needed, mandatory mediation.

What Compensation Can You Claim in Tort?

A lawsuit seeks losses SABS don’t fully cover. 

That includes pain and suffering (general damages), loss of enjoyment of life, future care and therapies, and past and future income if work capacity is affected.

Severe pedestrian cases, such as brain injuries, often reach six figures. 

Can You Be Compensated for PTSD, Anxiety, and Other Psychological Injuries?

In addition to physical injuries like whiplash and concussions, Ontario courts also recognize psychological injuries such as depression, anxiety, and post-traumatic stress disorder (PTSD). 

When these conditions persist—through flashbacks, avoidance, or sleep disruption—therapy notes and specialist reports become essential in proving their impact on both non-pecuniary damages and income loss.

What if the Driver is Uninsured or Cannot Be Located?

You still have options when the driver does not have insurance or they can’t be located. 

Claims may proceed through your own policy’s uninsured/underinsured coverage, or through the provincial MVACF when there’s no responding insurer. Practically, these cases run much like a standard defence.

If your pedestrian crash involves a hit-and-run near schools or crosswalks, we’ll analyze speed, sightlines, and pedestrian volumes; factors courts weigh heavily when deciding fault under Ontario’s roadway duties.

How Evidence (Police Reports, Photos, Witnesses) Impacts Your Claim

A strong pedestrian injury lawyer weaves the police MVA report, EMS and hospital records, photos, and any video (CCTV or dashcam). 

Witnesses often decide close calls on right-of-way or driver speed. 

We also use your recovery timeline and employer records to support income loss. 

When insurers challenge causation, we lean on the negligence framework discussed in our article on the elements of negligence.

Why to Notify Insurers Promptly (Even as a Pedestrian)

Prompt notice protects your SABS and preserves tort rights. Waiting can invite disputes over whether treatment relates to the crash. 

If forms feel overwhelming, our car accident lawyer Ottawa team handles notifications and coordinates benefits; start with the practical checklist in our car accident compensation overview.

Liability: jaywalking, speeding, and shared fault

Ontario places a heightened duty of care on drivers in pedestrian car accident cases. 

Even if a pedestrian was jaywalking, courts often assign shared liability rather than deny recovery entirely; particularly where drivers were speeding, failed to keep a proper lookout, or ignored conditions like school zones or sun glare.

As noted earlier, the reverse onus under section 193(1) of the Highway Traffic Act makes it easier for pedestrians to establish liability. 

This framework influences how we approach both settlement negotiations and litigation strategy in pedestrian claims.

When to Speak With a Personal Injury Lawyer (and How We Help)

Once urgent medical needs are addressed, contact counsel. Tight timelines apply to SABS, and insurers may push quick, low offers. We front-load evidence, manage forms, and negotiate from a position of strength.

To discuss your situation now, you can reach out to our team by giving us a call or filling out the form.

Bottom Line for Pedestrian Accident Compensation Claims

You can claim SABS right away, pursue a tort lawsuit within two years, and seek recovery through uninsured channels when needed. 

The right evidence and medical opinions drive outcomes, and early legal help prevents costly mistakes.