What happens if a pedestrian causes an accident?

September 27th, 2022
Nital S. Gosai
B.A. Hons, L.L.B., Founding Partner

For drivers involved in a motor vehicle accident where the pedestrian appears at fault, no matter who is injured, here is what you need to know.

It is often assumed that the driver is at fault in a pedestrian accident, however, there are instances where a pedestrian is considered negligent and liable. For example:

Generally speaking, there are two courses of action available to an injured plaintiff following an accident: 

  1. file a personal injury claim in order to get financial assistance (as you may qualify for accident benefits), and,
  2. pursue a civil claim (which may result in you receiving a settlement).

In order to receive Accident Benefits, there is no need to establish negligence/fault. 

On the other hand, in order to determine who was at fault in a civil suit, the injured plaintiff bears the responsibility for proving negligence and that this negligence caused the accident and resulting injuries.

What’s important to note is that the details of a pedestrian-motor vehicle accident will substantially affect the outcome. This is why it’s crucial to engage with a lawyer as soon as possible if you’ve been involved in an accident of this nature. 

Contact us if you’ve been involved in this type of incident and need legal support. Call our office at (905) 595-2225 or email

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