Being involved in a pedestrian accident can have lasting effects on your health and daily life. At Maana Law, we help pedestrians who’ve been injured in accidents caused by negligence. Our team is committed to representing your interests, ensuring you receive the compensation needed to cover medical bills, lost wages, and more.
The law is on your side from the start. Under Section 193(1) of the Highway Traffic Act, R.S.O. 1990, when a motor vehicle strikes a pedestrian, the driver is presumed to be at fault. This is called the reverse onus rule. The driver must prove they were not negligent. You do not have to prove they were.
This legal protection exists because pedestrians are among the most vulnerable road users. Ontario courts have consistently applied this presumption to protect injured pedestrians from the burden of reconstructing an accident while they are recovering from serious injuries.
Even if you were crossing outside a marked crosswalk or crossing against a signal, Section 193(1) still applies. The driver bears the initial burden of proof. A pedestrian accident attorney at Maana Law uses this provision strategically from the first day of your case to establish liability and protect your right to full compensation.
Yes. Pedestrians struck by a motor vehicle in Ontario are entitled to Statutory Accident Benefits (SABS) even without their own auto insurance. Benefits are claimed through the at-fault driver’s insurer. If the driver was uninsured or fled the scene, the Motor Vehicle Accident Claims Fund (MVACF) provides coverage.
Under the Statutory Accident Benefits Schedule (O. Reg. 34/10), eligible benefits include medical and rehabilitation expenses up to $65,000 for non-catastrophic injuries, income replacement at 70% of gross income up to $400 per week, attendant care benefits, non-earner benefits, and caregiver benefits. For injuries meeting the catastrophic impairment threshold, medical and rehabilitation benefits increase to $1,000,000 and attendant care benefits reach $1,000,000.
You must apply for accident benefits within 30 days of the accident and notify your insurer within 7 days. These deadlines are strict. Missing the 30-day application deadline does not automatically bar your claim but can create complications that reduce your benefits. Contact a pedestrian injury attorney at Maana Law immediately so every deadline is protected from day one.
Our Mississauga pedestrian accident lawyers specialize in helping injured pedestrians recover the compensation they deserve. From handling insurance claims to advocating for your rights, we’re committed to a smooth, efficient process that prioritizes your well-being and recovery.
Our Mississauga pedestrian accident lawyers maximize compensation, securing settlements for medical expenses, lost income, and other damages.
We provide attentive, personalized legal support to help answer your questions, clarify your options, and advocate for you at every stage.
Our Mississauga pedestrian accident lawyers manage your SABS claim and tort claim simultaneously, handling all insurer communication and court proceedings so you can focus entirely on recovery.
We review your accident, assess injuries against Ontario's catastrophic impairment threshold, identify all liable parties, and outline your full legal options.
We secure police collision reports, traffic camera footage, CCTV recordings, medical records, and witness statements. We act quickly because traffic camera footage is often overwritten within 30 days.
We negotiate for the full value of your SABS benefits and tort damages. We do not accept early low offers that ignore future care costs, long-term income loss, or pain and suffering. Most cases resolve without going to court.
If the insurer refuses a fair settlement, we proceed before the Ontario Superior Court of Justice. Ontario's limitation period is two years from your accident date.
Drivers who use mobile phones, eat, or lose focus behind the wheel are responsible for the majority of pedestrian strikes in Mississauga. Under the Highway Traffic Act, R.S.O. 1990, distracted driving is both a traffic offence and evidence of negligence in a civil claim. We use phone records, dashcam footage, and collision reports from Peel Regional Police to prove distraction and build your case.
Ontario drivers have a legal duty to yield the right of way to pedestrians at marked and unmarked crosswalks under the Highway Traffic Act. Failure to yield at intersections on Hurontario Street, Eglinton Avenue West, and Dundas Street West is a leading cause of pedestrian injuries in Mississauga. When a driver fails this duty, Section 193(1) of the Highway Traffic Act places the burden of proof on them, not on you.
A driver impaired by alcohol, drugs, or fatigue, or one travelling above the posted speed limit, dramatically reduces reaction time and increases collision severity. Pedestrian injuries from impaired or speeding drivers often meet Ontario's catastrophic impairment threshold under the Statutory Accident Benefits Schedule, which increases your available medical benefits to $1,000,000. Criminal charges against the driver strengthen your civil claim.
Pedestrian strikes in parking lots, driveways, and private property are more common than most people realize. A driver reversing without checking mirrors or a vehicle mounting a sidewalk can cause devastating injuries to pedestrians. Liability in these situations may rest with the driver, the property owner, or both. Maana Law identifies every liable party to maximize the value of your claim.
Liability in a pedestrian accident case extends beyond the driver in many situations. Identifying every responsible party from the start significantly increases the value of your pedestrian accident claim.
The at-fault driver carries primary liability in most cases. If the driver was working at the time of the accident, their employer may also face vicarious liability under Ontario employment law.
The City of Mississauga or Region of Peel may be liable when a pedestrian accident is caused or worsened by defective infrastructure. Missing crosswalk markings, broken sidewalks, inadequate street lighting, and missing pedestrian signals on public roadways are all grounds for a municipal liability claim. Written notice must be given within 10 days of the accident under the Municipal Act, 2001. This deadline cannot be extended.
Property owners may be liable for pedestrian injuries caused by unsafe conditions in parking lots, driveways, or private walkways under Ontario’s Occupiers’ Liability Act, R.S.O. 1990.
If the driver was uninsured or fled the scene, the Motor Vehicle Accident Claims Fund (MVACF) provides a pathway to compensation. At Maana Law, we identify every liable party from the first consultation to ensure your pedestrian injury claim captures its full value.
If you were injured as a pedestrian, Ontario law entitles you to compensation through two streams: Statutory Accident Benefits through the driver’s insurer and a tort claim for additional losses.
Claim medical and rehabilitation benefits up to $65,000 for non-catastrophic injuries under Ontario's Statutory Accident Benefits Schedule. For catastrophic injuries, this rises to $1,000,000.
SABS provides income replacement at 70% of gross income up to $400 per week. Through your tort claim, you can recover full lost income and loss of future earning capacity.
Recover compensation for damaged personal property including phones, clothing, mobility aids, and any other belongings affected in the accident.
Pain and suffering damages require injuries to meet Ontario's serious and permanent threshold under Section 267.5 of the Insurance Act. Compensation covers physical pain, emotional distress, and loss of enjoyment of life.
Partial fault does not end your claim. Ontario’s Negligence Act, R.S.O. 1990 uses comparative negligence. Your compensation is reduced by your percentage of fault but you are not barred from recovery unless you are 100% responsible. If you were found 35% at fault, you still recover 65% of your total damages.
Insurers commonly argue pedestrian contributory fault in these situations: crossing outside a marked crosswalk, crossing against a pedestrian signal, walking along a roadway after dark without visibility, or being distracted by a mobile phone while crossing. None of these situations automatically eliminates your right to compensation.
Section 193(1) of the Highway Traffic Act maintains the reverse onus on the driver even in contributory negligence scenarios. The driver still bears the initial burden of proving they exercised reasonable care.
At Maana Law, we challenge every inflated fault percentage assigned to pedestrians by insurers. We use traffic camera footage, CCTV recordings, accident reconstruction experts, and witness statements to accurately establish fault distribution. Do not assume partial fault means partial justice. Call a pedestrian accident attorney before accepting any insurer’s fault determination.
The steps you take in the hours after a pedestrian accident directly affect the strength of your claim. Evidence disappears quickly. Act fast.
At the scene: Call 911 immediately. Do not refuse medical attention even if you feel okay. Photograph the vehicle, licence plate, road surface, crosswalk markings, and your injuries before anything is moved. Collect the driver’s name, insurance details, and vehicle identification. Get witness names and phone numbers before people leave.
Within 7 days: Notify the at-fault driver’s insurer of the accident. This is required under Ontario insurance law. Do not give a recorded statement to any insurer before speaking with a pedestrian injuries lawyer.
Within 10 days: If your accident involved defective infrastructure such as a broken sidewalk, missing crosswalk markings, or inadequate lighting, provide formal written notice to the City of Mississauga or Region of Peel under the Municipal Act, 2001. Missing this deadline can permanently bar your municipal claim.
Within 30 days: Submit your accident benefits application to the insurer.
Yes. Pedestrians struck by a motor vehicle qualify for Statutory Accident Benefits through the at-fault driver’s insurer under the Statutory Accident Benefits Schedule (O. Reg. 34/10). If the driver was uninsured or fled, compensation is available through the Motor Vehicle Accident Claims Fund (MVACF). No auto insurance policy is required to qualify for these benefits.
Under Section 193(1) of the Highway Traffic Act, when a vehicle strikes a pedestrian, the driver is presumed at fault. The driver must prove they were not negligent. You do not have to prove they were. This protection applies even if you were crossing outside a crosswalk or against a signal.
Your claim is not eliminated by jaywalking. Ontario uses comparative negligence under the Negligence Act, meaning fault is apportioned proportionally. If you were 40% at fault, you recover 60% of your total damages. Section 193(1) reverse onus still applies. Contact a pedestrian accident attorney before accepting any insurer fault determination.
The tort claim limitation period is two years from the accident date under the Limitations Act, 2002. However, critical earlier deadlines apply: notify your insurer within 7 days, give municipal notice within 10 days if a road defect was involved, and apply for accident benefits within 30 days. Contact a lawyer immediately to protect all deadlines.
You can still claim compensation through the Motor Vehicle Accident Claims Fund (MVACF). MVACF exists specifically for uninsured motorist and hit-and-run situations in Ontario. Your own uninsured motorist coverage may also apply. Maana Law identifies every available source of compensation in your specific case.
Yes. If defective infrastructure contributed to your pedestrian accident, the City of Mississauga, Region of Peel, or another municipal authority may be liable. You must provide written notice within 10 days of the accident under the Municipal Act, 2001. Missing this deadline can permanently bar your municipal claim. Contact us immediately if a road or sidewalk defect was involved.
Compensation falls into two streams. SABS provides medical and rehabilitation benefits, income replacement, attendant care, and non-earner benefits regardless of fault. A tort claim covers full lost income, loss of future earnings, pain and suffering, loss of enjoyment of life, future care costs, and out-of-pocket expenses. Family members may also claim under the Family Law Act for loss of guidance, care, and companionship.
Settlement values depend on injury severity, income impact, future care needs, and fault apportionment. Minor soft tissue injury cases often range from $30,000 to $100,000. Cases involving fractures, spinal cord injuries, or traumatic brain injury regularly exceed $500,000. Catastrophic impairment cases involving paralysis or amputation can reach $1,000,000 or more. Contact Maana Law for an honest assessment of your specific claim.
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Manna Law is located at 90 Matheson Blvd W Suite 101, Mississauga, ON L5R 3R3, Canada.
If you would like to visit our law office and are traveling by bus from downtown Mississauga, take the MiWay Bus to Square One Terminal. Then, walk west (around 5-7 minutes) to reach our office at 90 Matheson Blvd W. The approximate travel time is about 20-30 minutes.
If you are traveling by car from downtown Mississauga, head west on Dundas Street towards Hurontario Street. Turn right onto Hurontario Street, continue for a short distance, and our office will be on your left. The approximate travel time is about 5-10 minutes (depending on traffic).
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