Pedestrian Injuries from Distracted Driving in Ontario: Your Legal Rights After a Collision

August 28, 2025, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

As summer ends in across Southern Ontario, the shorter daylight hours, busy school zones, and increasingly unpredictable weather make walking more hazardous—especially when paired with the ongoing issue of distracted driving. Pedestrian accidents remain a serious concern in cities like Kitchener-Waterloo, Cambridge, Hamilton, Guelph, and Stratford, where vehicle traffic intersects heavily with foot traffic.

While pedestrians generally have the right of way, distracted drivers who fail to pay attention at intersections, crosswalks, or during turning movements can cause devastating injuries. If you or someone you love is struck by a vehicle while walking, it's important to understand your rights and legal options.

The Rising Risk of Distracted Driving

Despite increased public awareness and Ontario’s ban on hand-held devices while driving, distracted driving continues to be a leading cause of traffic accidents. It includes:

• Texting or using a phone while driving
• Eating, adjusting music, or using navigation apps
• Engaging in conversations or distractions within the vehicle

For pedestrians, even a momentary lapse in a driver’s attention can result in serious consequences.

Common Pedestrian Injuries and Long-Term Impact

In collisions involving a motor vehicle and a pedestrian, the pedestrian almost always suffers the worst injuries. These can include:

• Traumatic brain injuries (TBIs) and concussions
• Spinal cord damage and paralysis
• Pelvic or limb fractures
• Soft tissue injuries
• Internal injuries and emotional trauma

These injuries may require hospitalization, multiple surgeries, rehabilitation, and time away from work or school. In many cases, the physical and emotional effects are long-lasting.

Who Is Liable in a Pedestrian Accident?

Under Ontario law, the burden of proof is on the driver to demonstrate they were not at fault in pedestrian collisions. This “reverse onus” provision offers an important layer of protection for injured pedestrians.

That said, liability can still be complex. Factors such as lighting, visibility, speed, and the pedestrian’s actions may influence a claim. Municipalities may also bear some responsibility if the roadway or crosswalk lacked proper signage, lighting, or maintenance.

A personal injury lawyer can help investigate all potential sources of liability and ensure that you pursue compensation from the correct parties.

Accessing Compensation After a Pedestrian Accident

Pedestrians injured by a vehicle in Ontario are eligible to claim Statutory Accident Benefits (SABS) through the auto insurer of the at-fault driver—or their own if they have one. These benefits may include:

• Medical and rehabilitation expenses
• Income replacement benefits
• Attendant care
• Non-earner benefits if you're unable to return to your regular life
• Caregiver or housekeeping benefits, in some cases

In addition to SABS, you may also file a tort claim against the driver for:

• Pain and suffering
• Loss of enjoyment of life
• Future medical needs and income loss
• Out-of-pocket expenses not covered by SABS

Legal Changes in 2025 That Could Affect Your Claim

As of 2025, several key changes in Ontario personal injury law affect pedestrian injury claims:

• Increased statutory deductibles: This means that pain and suffering awards are subject to higher reductions unless the injury is deemed “serious and permanent.”
• Pre-litigation protocols: Injured individuals must now share medical documentation and other evidence earlier in the process, emphasizing the importance of timely legal representation.
• Cost conventions: Updates to how legal costs are awarded may impact settlement strategies and timing.

These changes increase the importance of proper documentation, medical reporting, and early legal support to build a strong and timely claim.

What to Do After a Pedestrian Collision

If you're injured as a pedestrian:

1. Call emergency services immediately and seek medical attention.
2. Gather evidence: take photos, get witness names, and note weather or road conditions.
3. File a police report and inform your insurer.
4. Avoid speaking to the at-fault driver’s insurer until you’ve spoken to a lawyer.

Time is of the essence. Waiting too long can jeopardize your rights or affect your eligibility for certain benefits.

How Deutschmann de Koning Can Help

At Deutschmann de Koning Personal Injury Law, we represent pedestrian accident victims across Southern Ontario. Our experienced team can guide you through both the accident benefits process and any civil claims, ensuring that your voice is heard and your recovery is supported.

If you've been hit by a distracted driver, don’t navigate the system alone. Contact us today for a free consultation—and let us help you move forward with confidence.

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.