Hit by a Car While Walking or Cycling in Ontario? Know Your Rights After an Accident

November 11, 2026, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

You don't have to be driving a car to be seriously injured in a motor vehicle collision. A pedestrian crossing an intersection or a cyclist travelling along a familiar road can suffer life-changing injuries when a driver fails to yield, turns unexpectedly or becomes distracted.

For injured pedestrians and cyclists in Ontario, the consequences can extend far beyond the initial emergency. Medical treatment, rehabilitation, time away from work and difficulties with everyday activities can create significant physical, emotional and financial pressure.

Ontario's automobile insurance changes, which took effect July 1, 2026, add another consideration: the accident benefits available to an injured person may depend on the insurance coverage that applies.

Can Pedestrians and Cyclists Receive Accident Benefits in Ontario?

Yes. Pedestrians and cyclists injured in collisions with motor vehicles may be eligible for statutory accident benefits. However, the precise benefits available depend on the circumstances, applicable insurance policies and statutory requirements.

Under Ontario's revised system, medical, rehabilitation and attendant care benefits remain mandatory. These benefits can help eligible claimants access treatment and support following an accident.

Income replacement benefits and several other benefits, however, became optional for new and renewing policies under the 2026 changes.

That distinction matters if your injuries prevent you from working or make it difficult to manage your household.

What Changed Under Ontario's 2026 Insurance Rules?

Before the changes, many accident benefits were generally included as standard coverage. As of July 1, 2026, several benefits became optional, including income replacement, non-earner, caregiver, housekeeping and home maintenance benefits.

For pedestrians and cyclists, the issue is not simply whether a vehicle was involved. It is also important to determine which policy responds to the accident and whether the injured person falls within the categories eligible for particular optional benefits.

For example, a person who has their own automobile insurance may have a different coverage position from someone who does not own a vehicle. A spouse, dependent, or specifically listed driver may also have a different position depending on the applicable policy.

Do not assume that having no automobile insurance means you have no rights. Equally, do not assume that every benefit is automatically available. Your individual circumstances need to be assessed.

What If You Cannot Work After Being Hit by a Car?

A pedestrian or cycling collision can cause fractures, head injuries, spinal injuries, soft-tissue damage and other conditions that make working difficult or impossible.

If you lose income, several questions may need to be considered:

• Does an applicable automobile policy provide income replacement benefits?

• Do you have workplace disability insurance or another income protection plan?

• Was another driver legally responsible for the collision?

• Could a personal injury claim address past or future income losses?

• Will your injuries affect your long-term earning capacity?

The answers depend on your circumstances. A personal injury lawsuit, where available, is separate from an accident benefits claim and may address losses that are not fully covered through insurance benefits.

Can You Sue the Driver Who Hit You?

Potentially, yes.

If a driver's negligence caused the collision, an injured pedestrian or cyclist may be able to pursue a personal injury claim. Possible categories of damages include pain and suffering, past income loss, future income loss, future medical and rehabilitation expenses, and other losses supported by the evidence.

Ontario has specific legal requirements for motor vehicle injury lawsuits. The severity and effects of the injury, the evidence of negligence, applicable statutory thresholds and other legal considerations can affect the claim.

Even when responsibility appears clear, it is important to understand that compensation is not automatic. The facts must be examined carefully.

What Should You Do After a Pedestrian or Bicycle Accident?

Your health comes first. Seek medical attention promptly, even if you initially believe your injuries are minor.

If you can do so safely, take these steps:

Document the scene. Photograph the intersection, road conditions, traffic signals, vehicle damage, bicycle damage and visible injuries.

Collect witness information. Names and contact details can be useful if there are conflicting accounts of what happened.

Keep medical records. Record your symptoms, diagnoses, treatment and rehabilitation progress.

Track financial losses. Keep employment records, pay statements, receipts and documentation of missed work or reduced hours.

Preserve relevant evidence. Retain photographs, messages, dashcam footage and damaged cycling equipment where appropriate.

Get advice from one of our highly experienced lawyers before making major decisions. Serious injuries can have long-term consequences, and an early insurance decision may not resolve every issue relating to your rights.

Why Legal Advice Matters After a Pedestrian or Cycling Collision

These cases can involve multiple questions: accident benefits, insurance eligibility, driver negligence, injury-related losses and future care needs. The July 2026 changes make it especially important to identify the correct insurance coverage and understand how it applies to the injured person.

An experienced personal injury lawyer can review the circumstances, explain potential options and help identify important evidence and deadlines.

Deutschmann de Koning Law represents injured pedestrians, cyclists and other accident victims throughout Kitchener-Waterloo, Cambridge and Southwestern Ontario.

If you have been hit by a car while walking or cycling, contact Deutschmann de Koning Law to discuss your circumstances and understand your potential legal options.

Frequently Asked Questions

Can I claim accident benefits if I was cycling and do not own a car? You may be eligible for certain benefits, depending on the applicable policy, your circumstances and Ontario's statutory rules.

Do the 2026 changes affect pedestrians? Yes. The changes to optional benefits can affect the coverage available to injured pedestrians and cyclists.

Can I make a claim if I was partly responsible? Potentially. Responsibility and the effect of any contributory negligence depend on the facts and applicable law.

This article provides general information about Ontario law and is not legal advice. Rights, benefits and compensation depend on the circumstances of each collision.

About Deutschmann de Koning Law

Deutschmann de Koning Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann and Nick de Koning focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.ddinjurylaw.com or call us at 1-519-742-7774.