A marked crosswalk feels like the safest place on the road. It is safer than mid-block, but it is not a force field. Drivers turn on stale walk signals, stop past the line, and look for a gap in traffic instead of the person already in the lane. If you are the person who gets hit, the legal question is specific: who had the duty at that moment, and what did each of you do?
The duty is real, and it is not absolute
Under Ontario’s Highway Traffic Act, a driver approaching a crosswalk must yield to a pedestrian who is lawfully in it. At a pedestrian crossover, the rules are stricter still: drivers and cyclists must stop and wait until the pedestrian has cleared the roadway.
That does not mean every person on foot automatically wins. A pedestrian is not supposed to leave the curb when it is unrealistic for an approaching driver to stop. Walking against a solid don’t-walk display, stepping out from between parked cars, or looking at a phone can be contributory negligence. Comparative fault reduces damages. It is not, by itself, a complete defence for a driver who never looked.
Signalized intersections, pedestrian crossovers with the overhead signs, and unmarked crossings at intersections are different tools. The label on the police report matters. If you remember flashing beacons, a countdown timer, or only painted lines, write that down while you remember it.
Two claims, not one
If a car or truck hits you, you are in a motor vehicle accident for insurance purposes even though you were walking.
Accident benefits can be claimed on a no-fault basis: medical and rehabilitation treatment, and attendant care if you qualify and the policy provides it. For crashes on or after July 1, 2026, income replacement and several other benefits are optional. Check the policy instead of assuming they are there. Claim through your own automobile policy first if you, your spouse, or a dependent has one. The driver’s insurance is next in the usual priority, not first.
Separately, you may sue the driver, and often the owner of the vehicle, in negligence. Pain and suffering in an auto case has to meet the statutory threshold, a permanent serious impairment of an important function, and a deductible applies to smaller awards. Those limits do not apply the same way to income loss and care costs. The general lawsuit deadline is two years. Missing it is usually fatal to the court case.
When the City is also a defendant
Sometimes the driver’s mistake is only half the story. A walk signal that is too short, a burned-out beacon, a crosswalk worn invisible, or a curb ramp that dumps you into traffic can implicate the municipality.
Claims tied to the condition of a City of Toronto road or sidewalk generally require written notice to the City within 10 days of the injury, under the City of Toronto Act. The notice should identify you, the injury, and where and when it happened. A late notice is not always fatal. A judge can excuse it if there is a reasonable explanation and the City is not prejudiced. You should not plan on that exception. Ten days is a short clock, and it runs while you are still in the emergency department.
Notice to the City is not the lawsuit. You still have to start the court action within the limitation period.
Snow and ice are a separate rule. Injury from snow or ice on private property can require notice to the occupier within 60 days under the Occupiers’ Liability Act. A city sidewalk is not that rule. Get the location right before you pick a deadline.
What to do before you leave the block, if you safely can
Wait for police when there is an injury, a dispute, or a driver who may leave. Ask for the occurrence number. Get the driver’s name, plate, and insurer. If the driver says “I didn’t see you,” that sentence belongs in your notes.
Photograph the signal, the paint, the sightlines, the weather, and the vehicle’s resting position. Look up. Storefronts, condo lobbies, and transit stops often have cameras. They overwrite quickly. A lawyer or the police can ask that footage be saved, but someone has to know it exists.
Go to a doctor even if you walk away. Adrenaline hides concussions, wrist fractures, and the neck pain that shows up the next morning. Tell the doctor you were struck by a vehicle, not that you “tripped.” The mechanism of injury belongs in the chart.
Do not give the driver’s insurance company a broad authorization or a recorded statement until you understand what they are asking. You can report the claim. You do not have to narrate fault into a phone before you have the facts.
Fault myths that waste time
“I was in the crosswalk, so I will get full compensation.” Only if the evidence supports that, and only after benefits, the threshold, the deductible, and any share of fault are applied.
“I was jaywalking nearby, so I have no claim.” Location affects fault. It does not automatically end the case if the driver was careless.
“The police charged the driver, so liability is settled.” A charge is useful. It is not a civil judgment. A withdrawn charge is not proof that you were at fault either.
Bottom line
Treat a crosswalk collision as both an insurance claim and a possible lawsuit, and ask immediately whether the road design or the signal belongs in the claim. If it might, the City’s 10-day notice is the deadline that will not wait for you to feel better.
This article is general information about Ontario law as of late 2026. It is not legal advice and it does not create a lawyer-client relationship. Have a licensed Ontario lawyer review your facts before you rely on any deadline discussed here.
